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HUMAN RIGHTS COMMITTEE CONCLUDES REPORT OF CAMBODIA
15 July 1999
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MORNING
HR/CT/99/12
15 July 1999
Discusses Draft General Comment on Freedom of Movement
The Human Right Committee concluded this morning its review of a report submitted by Cambodia, with members expressing regret about the Government's delay in bringing to justice the perpetrators of acts of genocide during the Khmer Rouge regime, and calling for the Government to fully comply with the provisions preventing the executive branch of government from interfering in the administration of justice.
In preliminary observations and recommendations, Committee Chairperson Cecilia Medina Quiroga remarked that the problem of systematic violation of human rights and the violations of provisions of international law still existed in Cambodia with impunity.
The Committee will issue its final, written concluding observations and recommendations on the report of Cambodia towards the end of its three-week session, which concludes on 30 July.
Earlier in the meeting, a three-member Cambodian delegation responded to oral questions raised by Committee members in the course of yesterday's meeting.
Cambodia, as one of 144 States parties to the International Covenant to Civil and Political Rights, is obliged to submit periodic reports to the Committee on the status of civil and political rights in the country.
The Committee will reconvene tomorrow, 16 July, at 10 a.m. to begin the review of the periodic report of Mexico.
Discussion of the Cambodian Report
In response to pending questions raised by Committee experts during yesterday's meeting, the Cambodian Government officials said that the principle of free consent and monogamy was the basis for any marriage concluded between men aged 20 and over, and women aged 18 and over. Exceptionally, marriage might be entered into before those ages with the consent or authorization of the parents or guardians when the woman was pregnant.
Further more, the delegation said that marriage without the consent of the two future spouses was forbidden. However, under Cambodian tradition, parents decide on the marriage of their children. Although that gave an impression of parental coercion, the parents normally only arranged the marriage, and it was the children who ultimately decided. Nevertheless, some parents in Cambodia still forced their children to marry. The delegation admitted that some had even gone so far, on occasion, as to beat their children for disobeying them. But the country's Constitution prohibited all forms of physical abuse and violations of human honour and dignity, added the delegation.
Concerning the situation of minorities, the delegation affirmed that Cambodia recognized and protected the rights of persons belonging to ethnic, religious or linguistic minorities to have their own cultural life. In addition, the Government had designed a policy of protecting minorities from eviction from the it ancestral lands or their annihilation due to the economic exploitation of their territories by investors.
With regard to prison conditions, Cambodian officials said that there were actually around 3,500 prisoners in the whole country, enjoying very right that prisoners should have. Responding to allegations of mistreatment in prison, the delegation refuted them by saying that all prisoners were treated humanely. In a recent case, a prison chief was punished and dismissed from his function for mistreating an inmate in one of the country's prisons. The presence of minors among adult prisoners was an undeniable fact. The Government was contemplating creating separate cells for young criminals.
There was no journalist among the 3,500 prisoners in Cambodia, the delegate said, responding to queries made by some experts while discussing freedom of opinion in the country. The delegation said freedom of expression was fully guaranteed in Cambodia, despite some press reports which went against certain norms set by the Government. At present, there were five privately owned television channels while the State ran only one station; and the two radio stations were run by Catholic and Buddhist religious institutions.
Preliminary Concluding Observations and Recommendations
In preliminary concluding observations and recommendations, Chairperson Cecilia Medina Quiroga, speaking on behalf of the whole Committee, said that the Committee had great sympathy for the difficulties faced by Cambodia. It recognized that Cambodia had suffered for many years, mainly in the field of human rights violations.
She said, however, that the Committee regretted the lack of specific replies by the Cambodian delegation to the concerns expressed by members of the Committee. Nonetheless, the Committee was encouraged by the Government's efforts to set up the basis for democracy aimed at respecting human rights in the country.
The Chairperson further said that the problem of systematic violation of human rights and of the provisions of international law still existed in Cambodia with impunity. Although the Committee understood that the establishment of people's confidence was essential, it was unacceptable that the perpetrators of genocide still went unpunished. The Government of Cambodia had noted the need to maintain internal order and the fear of the return of the Khmer Rouge, when discussing concerns about the trial of the authors of genocide. In that connection, article 51 of the 1994 Law on Civil Servant, which provided that no civil servant might be arrested or persecuted for a crime unless the concerned minister gave his consent in advance, should be derogated, said the Chairperson.
Further more, the Chairperson said that although early and forced marriage was prohibited by law, it still existed in the society. In addition, domestic violence was dominant in many families, a fact which the delegation had neglected to mention. However, the report presented earlier by the Government had admitted the existence of enormous domestic violence in the country. Furthermore, the explanation of the delegation on torture and the right to life did not satisfy the Committee, she said.
With regard to administration of justice, Ms. Medina Quiroga said that the executive power heavily influenced the judiciary, thus violating its independence. The executive should fully comply with the provisions preventing the Government from interfering in the administration of justice, she said.
Discussion of the Draft General Comment on Freedom of Movement
The Committee also continued its discussion of a draft general comment on the right to liberty of movement and freedom to choose one's residence. This morning, the Committee, after discussing the contents and amending some of them, approved four of the remaining seven paragraphs from the previous discussion. The whole document contained 22 paragraphs.
The paragraphs approved by the members of the Committee evoked the major source of concern with regard to the manifold legal and bureaucratic barriers erected against the full enjoyment of the rights to move freely and to leave a country, including their own. With respect to the right to movement within a country, the Committee had criticized provisions requiring individuals to apply for permission to change their residence or to seek the approval of the local authorities of the place of destination.
Moreover, the draft said that in examining State reports, the Committee has on several occasions found that measures impeding the enjoyment of the rights by women to move freely or to leave the country by requiring them to have the consent or the escort of a male person, constituted a violation of article 12 of the Covenant.
The purpose of General Comments is to assist States parties in fulfilling their reporting obligation in order to promote their implementation of the provisions of the International Covenant. The General Comments also draw attention to insufficiencies disclosed by the large number of reports and suggest improvement in the reporting procedures.
General Comments are also intended to stimulate the activities of States parties and international organizations in the promotion and protection of human rights. These comments should also be of interest to other States, especially those preparing to become parties to the Covenant. The General Comments thus strengthen the cooperation of all States in the universal promotion and protection of human rights.
HR/CT/99/12
15 July 1999
Discusses Draft General Comment on Freedom of Movement
The Human Right Committee concluded this morning its review of a report submitted by Cambodia, with members expressing regret about the Government's delay in bringing to justice the perpetrators of acts of genocide during the Khmer Rouge regime, and calling for the Government to fully comply with the provisions preventing the executive branch of government from interfering in the administration of justice.
In preliminary observations and recommendations, Committee Chairperson Cecilia Medina Quiroga remarked that the problem of systematic violation of human rights and the violations of provisions of international law still existed in Cambodia with impunity.
The Committee will issue its final, written concluding observations and recommendations on the report of Cambodia towards the end of its three-week session, which concludes on 30 July.
Earlier in the meeting, a three-member Cambodian delegation responded to oral questions raised by Committee members in the course of yesterday's meeting.
Cambodia, as one of 144 States parties to the International Covenant to Civil and Political Rights, is obliged to submit periodic reports to the Committee on the status of civil and political rights in the country.
The Committee will reconvene tomorrow, 16 July, at 10 a.m. to begin the review of the periodic report of Mexico.
Discussion of the Cambodian Report
In response to pending questions raised by Committee experts during yesterday's meeting, the Cambodian Government officials said that the principle of free consent and monogamy was the basis for any marriage concluded between men aged 20 and over, and women aged 18 and over. Exceptionally, marriage might be entered into before those ages with the consent or authorization of the parents or guardians when the woman was pregnant.
Further more, the delegation said that marriage without the consent of the two future spouses was forbidden. However, under Cambodian tradition, parents decide on the marriage of their children. Although that gave an impression of parental coercion, the parents normally only arranged the marriage, and it was the children who ultimately decided. Nevertheless, some parents in Cambodia still forced their children to marry. The delegation admitted that some had even gone so far, on occasion, as to beat their children for disobeying them. But the country's Constitution prohibited all forms of physical abuse and violations of human honour and dignity, added the delegation.
Concerning the situation of minorities, the delegation affirmed that Cambodia recognized and protected the rights of persons belonging to ethnic, religious or linguistic minorities to have their own cultural life. In addition, the Government had designed a policy of protecting minorities from eviction from the it ancestral lands or their annihilation due to the economic exploitation of their territories by investors.
With regard to prison conditions, Cambodian officials said that there were actually around 3,500 prisoners in the whole country, enjoying very right that prisoners should have. Responding to allegations of mistreatment in prison, the delegation refuted them by saying that all prisoners were treated humanely. In a recent case, a prison chief was punished and dismissed from his function for mistreating an inmate in one of the country's prisons. The presence of minors among adult prisoners was an undeniable fact. The Government was contemplating creating separate cells for young criminals.
There was no journalist among the 3,500 prisoners in Cambodia, the delegate said, responding to queries made by some experts while discussing freedom of opinion in the country. The delegation said freedom of expression was fully guaranteed in Cambodia, despite some press reports which went against certain norms set by the Government. At present, there were five privately owned television channels while the State ran only one station; and the two radio stations were run by Catholic and Buddhist religious institutions.
Preliminary Concluding Observations and Recommendations
In preliminary concluding observations and recommendations, Chairperson Cecilia Medina Quiroga, speaking on behalf of the whole Committee, said that the Committee had great sympathy for the difficulties faced by Cambodia. It recognized that Cambodia had suffered for many years, mainly in the field of human rights violations.
She said, however, that the Committee regretted the lack of specific replies by the Cambodian delegation to the concerns expressed by members of the Committee. Nonetheless, the Committee was encouraged by the Government's efforts to set up the basis for democracy aimed at respecting human rights in the country.
The Chairperson further said that the problem of systematic violation of human rights and of the provisions of international law still existed in Cambodia with impunity. Although the Committee understood that the establishment of people's confidence was essential, it was unacceptable that the perpetrators of genocide still went unpunished. The Government of Cambodia had noted the need to maintain internal order and the fear of the return of the Khmer Rouge, when discussing concerns about the trial of the authors of genocide. In that connection, article 51 of the 1994 Law on Civil Servant, which provided that no civil servant might be arrested or persecuted for a crime unless the concerned minister gave his consent in advance, should be derogated, said the Chairperson.
Further more, the Chairperson said that although early and forced marriage was prohibited by law, it still existed in the society. In addition, domestic violence was dominant in many families, a fact which the delegation had neglected to mention. However, the report presented earlier by the Government had admitted the existence of enormous domestic violence in the country. Furthermore, the explanation of the delegation on torture and the right to life did not satisfy the Committee, she said.
With regard to administration of justice, Ms. Medina Quiroga said that the executive power heavily influenced the judiciary, thus violating its independence. The executive should fully comply with the provisions preventing the Government from interfering in the administration of justice, she said.
Discussion of the Draft General Comment on Freedom of Movement
The Committee also continued its discussion of a draft general comment on the right to liberty of movement and freedom to choose one's residence. This morning, the Committee, after discussing the contents and amending some of them, approved four of the remaining seven paragraphs from the previous discussion. The whole document contained 22 paragraphs.
The paragraphs approved by the members of the Committee evoked the major source of concern with regard to the manifold legal and bureaucratic barriers erected against the full enjoyment of the rights to move freely and to leave a country, including their own. With respect to the right to movement within a country, the Committee had criticized provisions requiring individuals to apply for permission to change their residence or to seek the approval of the local authorities of the place of destination.
Moreover, the draft said that in examining State reports, the Committee has on several occasions found that measures impeding the enjoyment of the rights by women to move freely or to leave the country by requiring them to have the consent or the escort of a male person, constituted a violation of article 12 of the Covenant.
The purpose of General Comments is to assist States parties in fulfilling their reporting obligation in order to promote their implementation of the provisions of the International Covenant. The General Comments also draw attention to insufficiencies disclosed by the large number of reports and suggest improvement in the reporting procedures.
General Comments are also intended to stimulate the activities of States parties and international organizations in the promotion and protection of human rights. These comments should also be of interest to other States, especially those preparing to become parties to the Covenant. The General Comments thus strengthen the cooperation of all States in the universal promotion and protection of human rights.
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