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HUMAN RIGHTS COMMITTEE CONSIDERS CIVIL AND POLITICAL SITUATION IN CAMBODIA
14 July 1999
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MORNING
HR/CT/99/10
14 July 1999
People of Cambodia Suffered Heavy Human Rights Violations
Under Khmer Rouge Regime, Delegation Says
The Human Rights Committee this morning started its consideration of an initial report from the Government of Cambodia on that country's efforts to give effect to the International Covenant on Civil and Political Rights.
Introducing his country's report, Om Yentieng, Chairman of the Human Rights Committee of Cambodia, said the people of his country had suffered over the period of three years during the Pol Pot regime which had annihilated millions of Cambodian citizens. During that period, people were not allowed to send their children to school and, they were even not able to wear eye-glasses, which were considered by the regime to be a sign of opposition to the Government.
A number of Committee experts put additional questions to the delegation on such issues as impunity and extra-judicial killings, including those atrocities committed by the Khmer Rouge forces; trafficking in persons and the commercial sexual exploitation of children; the number of Khmer Rouge leaders arrested and their subsequent trial; the role of the Constitutional Council; the status of the security forces, which were considered to be a “State within a State”; and the use of weapons by the police forces.
Cambodia's delegation also included Ok Vannarith, member of the Cambodian Human Rights Committee; and Ith Rady, Permanent Secretary of the Drafting Commission.
As one of 144 States parties to the International Covenant, Cambodia is obligated to submit reports to the Human Rights Committee on its efforts to implement the provisions of the instrument.
When the Committee reconvenes at 3 p.m. today, it will continue its consideration of the Cambodian initial report.
Report of Cambodia
The initial report of Cambodia (document CCPR/C/81/Add.12) enumerates the efforts of the Government to implement the provisions of the International Covenant on Civil and Political Rights, on an article-by-article basis. In its introduction, the report says that for the last two decades -- during which the people of Cambodia have known only war and an extremely harsh life, especially between 1975 and 1979 under the Democratic Kampuchea regime -- the application and protection of human rights has been no more that a bitter experience. However, following the adoption of a new Constitution in September 1993, Cambodia has adopted a political system constituting a multi-party liberal democracy, the report says.
The report states that the practice of democracy in Cambodia has encountered many initial difficulties. Nevertheless, the Government is making every effort to ensure the gradual development of democracy; while strengthening the legal system, the independence of the judiciary and the rule of law; and guaranteeing respect for human rights. In addition, the right of citizens to lodge protests or complaints concerning abuse of authority by the Government or its officials has been recognized by the law concerning the examination and settlement of public protests and complaints.
Furthermore, the report states that the Government of Cambodia recognizes that citizens have the right of self-determination in the economic, social and cultural spheres; they are masters of their country's destiny; and they exercised their right by choosing a political regime and their representatives in elections. Cambodia recognizes and respects the dignity of individuals without distinction of any kind, the report says.
Presentation of Report
OM YENTIENG, Chairman of the Human Rights Committee of Cambodia, said that his country had evolved through three phases of human rights developments. Cambodia had suffered over the period of three years and eight months during the Pol Pot regime which had annihilated millions of Cambodian citizens. During that period, people were prohibited from sending their children to school and they were not even allowed to wear eye glasses, which were considered by the regime to be a sign of opposition to the Government.
Mr. Om said that following the overthrow of the Khmer Rouge regime, an election had been organized in May 1993, which enabled Cambodians to move into a new stage of human rights development. In addition, the 1998 election, held under the United Nations auspices, had allowed every Cambodian to take part in the democratic and human rights development process of the nation.
Discussion of Cambodian Report
In response to the written question prepared by the members of the Committee in advance, the members of the delegation said that steps were being taken to investigate crimes against humanity and punish those who committed those crimes during the Khmer Rouge regime. The National Assembly had passed a law which outlawed the Democratic Kampuchea Group with a view to ending the war and punishing the insurgents who continued to commit crimes against the population. Nevertheless, the process of enacting a bill on genocidal acts was being delayed due to the lack of technical and legal know-how. The Government had arrested some individuals suspected of being involved in criminal acts linked to the Khmer Rouge and so far 30 witnesses had testified before the courts concerning the Khmer Rouge crimes. In the absence of a bill in place against genocide, and the six-month limit on pre-trial detention, additional cooperation from the international community was needed.
On the independence of the judiciary, the delegation said that the law did not allow any political intrusion, in order to guarantee the independence of the judges. Neither the legislature nor the executive branch could exercise judicial power; and the independence of the judiciary was guaranteed by the King and the law. However, practice had shown that, owing to interference and pressure from other branches, the courts were not fully independent.
The delegation affirmed that Cambodian women enjoyed full political rights. Noting that among the 120 deputies, seven were women, it was stated that the limited participation of women in politics was not the result of discrimination but was mainly due to the fact that women had traditionally taken little interest in politics. At present, there were four women political parties that already participated in the last national election held in 1998. The number of women at the national and local executive level had been small compared to that of men. The delegation, however, affirmed that the situation was not due to political discrimination. The Government had taken measures to guarantee equal access for women and men to public education, health programmes and other public services.
With regard to a question on the states of emergency, the delegation said that when the nation was in danger, the Cambodian constitution authorized the King to proclaim a state of emergency with the consent of the Government and the National Assembly. However, despite the exceptional situation created by the state of emergency, Cambodia would continue to apply democratic principles and would not take measures that were contrary to international laws.
Answering a question on the right to life, the delegation affirmed that the death penalty had been abolished in the country and, since 1993, Cambodian courts had not passed a death sentence, even on individuals who had committed the most heinous crimes. The maximum sentence that the law allowed was 20 years imprisonment.
A member of the Cambodian delegation reported the decline in trafficking of human beings, including for forced labour or prostitution, as a result of the Government campaign to raise public awareness of the issue. Concerning forced labour, Cambodia had ratified the International Labour Organization (ILO) convention relating to the abolition of forced labour. In addition, the national law prohibited child labour in all its forms. However, owing to poverty, a number of families had urged their children to start earning a living at a very early age.
A number of experts put additional questions to the delegation on such issues as impunity and extra-judicial killings, including those involved in the atrocities committed by the Khmer Rouge forces; trafficking in persons and the commercial sexual exploitation of children; the number of Khmer Rouge leaders arrested and their subsequent trial; the role of the Constitutional Council; the status of the security forces, which were considered to be 'State within a State'; and the use of weapons by the police forces.
In response to the oral queries raised by members of the Committee, the delegation said that the act of genocide in Cambodia was attributed to the period of the Khmer Rouge regime. The reason that the country's Prime Minister received the two leaders of the Khmer Rouge in public was to return them to a civilion society and to affirm to its citizens that the Khmer Rouge no longer existed. If the Security Council wanted to establish an International Tribunal to address the crimes by the Khmer Rouge and to judge crimes committed 20 years ago, one had to wait another 20 years to see the functioning of the tribunal.
Further more, in order to judge the of Khmer Rouge criminals at the international level, all the provisions should be respected. A presumed criminal under pre-trial detention could not remain behind bars beyond six months, according to the Cambodian law. One of the leaders detained three months ago had to be released at the end of his six months pre-trial detention if he was not indicted and brought to justice. The perpetrators of genocide might be tried by existing courts or by a national tribunal with active assistance by experts from the international community. In order to do so, a bill must be enacted by the National Assembly.
HR/CT/99/10
14 July 1999
People of Cambodia Suffered Heavy Human Rights Violations
Under Khmer Rouge Regime, Delegation Says
The Human Rights Committee this morning started its consideration of an initial report from the Government of Cambodia on that country's efforts to give effect to the International Covenant on Civil and Political Rights.
Introducing his country's report, Om Yentieng, Chairman of the Human Rights Committee of Cambodia, said the people of his country had suffered over the period of three years during the Pol Pot regime which had annihilated millions of Cambodian citizens. During that period, people were not allowed to send their children to school and, they were even not able to wear eye-glasses, which were considered by the regime to be a sign of opposition to the Government.
A number of Committee experts put additional questions to the delegation on such issues as impunity and extra-judicial killings, including those atrocities committed by the Khmer Rouge forces; trafficking in persons and the commercial sexual exploitation of children; the number of Khmer Rouge leaders arrested and their subsequent trial; the role of the Constitutional Council; the status of the security forces, which were considered to be a “State within a State”; and the use of weapons by the police forces.
Cambodia's delegation also included Ok Vannarith, member of the Cambodian Human Rights Committee; and Ith Rady, Permanent Secretary of the Drafting Commission.
As one of 144 States parties to the International Covenant, Cambodia is obligated to submit reports to the Human Rights Committee on its efforts to implement the provisions of the instrument.
When the Committee reconvenes at 3 p.m. today, it will continue its consideration of the Cambodian initial report.
Report of Cambodia
The initial report of Cambodia (document CCPR/C/81/Add.12) enumerates the efforts of the Government to implement the provisions of the International Covenant on Civil and Political Rights, on an article-by-article basis. In its introduction, the report says that for the last two decades -- during which the people of Cambodia have known only war and an extremely harsh life, especially between 1975 and 1979 under the Democratic Kampuchea regime -- the application and protection of human rights has been no more that a bitter experience. However, following the adoption of a new Constitution in September 1993, Cambodia has adopted a political system constituting a multi-party liberal democracy, the report says.
The report states that the practice of democracy in Cambodia has encountered many initial difficulties. Nevertheless, the Government is making every effort to ensure the gradual development of democracy; while strengthening the legal system, the independence of the judiciary and the rule of law; and guaranteeing respect for human rights. In addition, the right of citizens to lodge protests or complaints concerning abuse of authority by the Government or its officials has been recognized by the law concerning the examination and settlement of public protests and complaints.
Furthermore, the report states that the Government of Cambodia recognizes that citizens have the right of self-determination in the economic, social and cultural spheres; they are masters of their country's destiny; and they exercised their right by choosing a political regime and their representatives in elections. Cambodia recognizes and respects the dignity of individuals without distinction of any kind, the report says.
Presentation of Report
OM YENTIENG, Chairman of the Human Rights Committee of Cambodia, said that his country had evolved through three phases of human rights developments. Cambodia had suffered over the period of three years and eight months during the Pol Pot regime which had annihilated millions of Cambodian citizens. During that period, people were prohibited from sending their children to school and they were not even allowed to wear eye glasses, which were considered by the regime to be a sign of opposition to the Government.
Mr. Om said that following the overthrow of the Khmer Rouge regime, an election had been organized in May 1993, which enabled Cambodians to move into a new stage of human rights development. In addition, the 1998 election, held under the United Nations auspices, had allowed every Cambodian to take part in the democratic and human rights development process of the nation.
Discussion of Cambodian Report
In response to the written question prepared by the members of the Committee in advance, the members of the delegation said that steps were being taken to investigate crimes against humanity and punish those who committed those crimes during the Khmer Rouge regime. The National Assembly had passed a law which outlawed the Democratic Kampuchea Group with a view to ending the war and punishing the insurgents who continued to commit crimes against the population. Nevertheless, the process of enacting a bill on genocidal acts was being delayed due to the lack of technical and legal know-how. The Government had arrested some individuals suspected of being involved in criminal acts linked to the Khmer Rouge and so far 30 witnesses had testified before the courts concerning the Khmer Rouge crimes. In the absence of a bill in place against genocide, and the six-month limit on pre-trial detention, additional cooperation from the international community was needed.
On the independence of the judiciary, the delegation said that the law did not allow any political intrusion, in order to guarantee the independence of the judges. Neither the legislature nor the executive branch could exercise judicial power; and the independence of the judiciary was guaranteed by the King and the law. However, practice had shown that, owing to interference and pressure from other branches, the courts were not fully independent.
The delegation affirmed that Cambodian women enjoyed full political rights. Noting that among the 120 deputies, seven were women, it was stated that the limited participation of women in politics was not the result of discrimination but was mainly due to the fact that women had traditionally taken little interest in politics. At present, there were four women political parties that already participated in the last national election held in 1998. The number of women at the national and local executive level had been small compared to that of men. The delegation, however, affirmed that the situation was not due to political discrimination. The Government had taken measures to guarantee equal access for women and men to public education, health programmes and other public services.
With regard to a question on the states of emergency, the delegation said that when the nation was in danger, the Cambodian constitution authorized the King to proclaim a state of emergency with the consent of the Government and the National Assembly. However, despite the exceptional situation created by the state of emergency, Cambodia would continue to apply democratic principles and would not take measures that were contrary to international laws.
Answering a question on the right to life, the delegation affirmed that the death penalty had been abolished in the country and, since 1993, Cambodian courts had not passed a death sentence, even on individuals who had committed the most heinous crimes. The maximum sentence that the law allowed was 20 years imprisonment.
A member of the Cambodian delegation reported the decline in trafficking of human beings, including for forced labour or prostitution, as a result of the Government campaign to raise public awareness of the issue. Concerning forced labour, Cambodia had ratified the International Labour Organization (ILO) convention relating to the abolition of forced labour. In addition, the national law prohibited child labour in all its forms. However, owing to poverty, a number of families had urged their children to start earning a living at a very early age.
A number of experts put additional questions to the delegation on such issues as impunity and extra-judicial killings, including those involved in the atrocities committed by the Khmer Rouge forces; trafficking in persons and the commercial sexual exploitation of children; the number of Khmer Rouge leaders arrested and their subsequent trial; the role of the Constitutional Council; the status of the security forces, which were considered to be 'State within a State'; and the use of weapons by the police forces.
In response to the oral queries raised by members of the Committee, the delegation said that the act of genocide in Cambodia was attributed to the period of the Khmer Rouge regime. The reason that the country's Prime Minister received the two leaders of the Khmer Rouge in public was to return them to a civilion society and to affirm to its citizens that the Khmer Rouge no longer existed. If the Security Council wanted to establish an International Tribunal to address the crimes by the Khmer Rouge and to judge crimes committed 20 years ago, one had to wait another 20 years to see the functioning of the tribunal.
Further more, in order to judge the of Khmer Rouge criminals at the international level, all the provisions should be respected. A presumed criminal under pre-trial detention could not remain behind bars beyond six months, according to the Cambodian law. One of the leaders detained three months ago had to be released at the end of his six months pre-trial detention if he was not indicted and brought to justice. The perpetrators of genocide might be tried by existing courts or by a national tribunal with active assistance by experts from the international community. In order to do so, a bill must be enacted by the National Assembly.
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