Human Rights Council holds interactive dialogue on human rights in Cambodia, hears presentation of report on Sudan

Human Rights Council
AFTERNOON

29 September 2015

The Human Rights Council this afternoon held an interactive dialogue with Rhona Smith, Special Rapporteur on the human rights situation in Cambodia, then heard the presentation of a report by Aristide Nononsi, Independent Expert on the human rights situation in Sudan. 

In her presentation, Ms. Smith said that the Cambodian Government was engaged in a number of reform initiatives which could pave the way to resolving some of the outstanding human rights issues in the country, including the implementation of the three fundamental laws on the judiciary adopted last year.  Land remained one of the most complex human rights issues that Cambodia was currently facing, particularly for the marginalized communities.  Among other key issues was the shrinking space for the peaceful exercise of the freedoms of assembly, association and expression; the treatment of particularly vulnerable groups, including asylum seekers and refugees; and the use of vocational training centres to house people removed from the streets of the capital. 

Cambodia, speaking as the concerned country, highly valued the comprehensive report by the Special Rapporteur, noting that the Government was committed to reforming the legal system and courts by designing a legal framework with sustainability and more confidence.  It was also committed to strengthen capacity building, independence, impartiality and integrity of courts, segregation of powers, respect for individual rights and justice for all citizens.  To that end three fundamental laws were enacted: a law on the status of judges and prosecutors, a law on the organization and functioning of courts, and a law on the organization and functioning of the Supreme Council of Magistracy.

During the interactive dialogue, speakers welcomed Cambodia’s progress in ensuring social development and economic growth, as well as its cooperation with international human rights mechanisms.  Speakers, however, remained concerned at restrictions on freedoms of expression and association, and shrinking space for civil society and political opposition.  They welcomed the recent political agreement between political parties, and encouraged reforms to strengthen democracy and the rule of law in view of the forthcoming elections, and to ensure the independence of the judiciary.  One speaker said that country-specific mandates were not productive and said the Universal Periodic Review should be the place for raising human rights concerns.  

Speaking were European Union, Ireland, France, China, Viet Nam, Japan, Thailand, Australia, Lao People’s Democratic Republic, Malaysia, Myanmar, United Kingdom, Switzerland and United States.  

Also speaking were Asian Forum for Human Rights and Development, Lawyers’ Rights Watch Canada, Human Rights Now, International Federation of Human Rights Leagues, Bureau Catholique de l’Enfance, World Association for Schools as an Instrument of Peace, Civicus  and Human Rights Watch. 

The Council then heard from Aristide Nononsi, Independent Expert on the human rights situation in Sudan, presenting his report. 

Mr. Nononsi welcomed the amendments of the Criminal Code to fight against impunity for violence against women, but encouraged concrete measures on this issue.  Curtailment of civil society activities and restrictions on freedom of expression, assembly and association, remained concerning, together with the use of national security laws to clamp down on the press.  In North and South Darfur states, widespread human rights violations and abuses continued, with thousands of civilians displaced.  Sudan should create a safe and secure environment for displaced people.  Donor States and international institutions should continue to provide support to enhance the capacity of the United Nations-African Union Mission in Darfur to discharge its mandate effectively. 

Sudan, speaking as the concerned country, said it had welcomed the Independent Expert and availed him with all facilities he had requested.  Sudan regretted that the Independent Expert had not indicated Sudan’s response in the final version of his report.  The country was going ahead in the implementation of the Doha Peace Agreement, assisting in the expansion of the area of stability in the Darfur region.  The report neglected the positive developments, such as the work of justice institutions in the investigation and prosecution of regular forces personnel.  Obvious improvements of security and humanitarian situations in Darfur were also ignored. 

Russian Federation spoke in a right of reply. 

The Council will conclude its interactive dialogue with the Independent Expert on the situation of human rights in Sudan when it meets on Wednesday, 30 September at 9 a.m., before holding individual interactive dialogues with the Independent Experts on human rights in the Central African Republic and in Somalia.

Documentation

The Council has before it the report of the Special Rapporteur on the situation of human rights in Cambodia (A/HRC/30/58)

Presentation of the Report of the Special Rapporteur on the Situation of Human Rights in Cambodia

RHONA SMITH, Special Rapporteur on the situation of human rights in Cambodia, said that she had just returned from her initial visit to Cambodia, and that it was clear that the Government was engaged in a number of reform initiatives which could pave the way to resolving some of the outstanding human rights issues in the country, including the implementation of the three fundamental laws on the judiciary adopted last year.  Stakeholders in the country had expressed concerns over the perceived lack of meaningful consultations preceding the enactment of key laws with implications for human rights, not least the Law on Associations and Non-Governmental Organizations adopted in July 2015.  Further transparency and consultation in the legislative process should be encouraged to endure a process with the participation of all stakeholders as well as the evaluation of all laws for compliance with international human rights standards.  Land remained one of the most complex human rights issues that Cambodia was currently facing; the process of conferring land titles and redressing problematic land concessions granted in the past was beginning to see a degree of success.  However, much remained to be addressed, particularly for the marginalized communities, including indigenous peoples. 

Among other key issues was the shrinking space for the peaceful exercise of the freedoms of assembly, association and expression, as the country moved towards the 2017 commune elections and the 2018 National Assembly elections.  This was a matter of concern given that the ability of all persons to obtain redress and continue to finding solutions to land, labour and other disputes often depended on their ability to peacefully exercise such freedoms.  The planned implementation of guidelines on the Law on Associations and Non-Governmental Organizations should appropriately reflect the balance between freedom of expression, assembly and association, and the legitimate need of the State to preserve and maintain public order and stability in accordance with international human rights law.  The implementation of guidelines on the Law on Peaceful Demonstrations should be widely disseminated to all relevant officials and the public in order to ensure the uniform and fair application of those laws.  Ms. Smith expressed concern relating to the treatment of particularly vulnerable groups, including asylum seekers and refugees, and the use of vocational training centres to house people removed from the streets of the capital.  In closing, the Special Rapporteur said that her focus should be on the situation of specific marginalized and disadvantaged groups, and on human rights education which should be a cornerstone of Cambodia’s future and should not be restricted to children and youth, but should encompass law enforcement officers, parliamentarians, and all levels of the government and the judiciary.

Statement by the Concerned Country

Cambodia, speaking as the concerned country, highly valued the comprehensive report by the Special Rapporteur, noting that the Government was committed to reforming the legal system and courts by designing a legal framework with sustainability and more confidence.  It was also committed to strengthen capacity building, independence, impartiality and integrity of courts, segregation of powers, respect for individual rights and justice for all citizens.  To that end three fundamental laws were enacted: a law on the status of judges and prosecutors, a law on the organization and functioning of courts, and a law on the organization and functioning of the Supreme Council of Magistracy.  In cooperation with the Office of the High Commissioner for Human Rights, the Government had strengthened national human rights education for government officials, law enforcement officers and students.  As for land and housing rights, the Government had enacted laws in a flexible manner in line with relevant international instruments.  There was no room for forced eviction in Cambodia’s policy.  The Government temporarily recognized people’s rights to illegal land occupation until they found a legal place of residence.  The Government also ensured that there was no limitation and repression of civil society activities through appropriate  laws. 

Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Cambodia

European Union said that progress was still needed in a number of areas in Cambodia.  The European Union welcomed the recent agreement by the two main political parties, but remained deeply concerned about the reports of violence and use of force on different occasions, most prominently during the January 2014 demonstrations.  Ireland noted the concerns expressed by the Special Rapporteur on freedom of assembly and association regarding the Law on Associations and Non-Governmental Organizations.  Ireland also remained concerned with regard to the human rights implications of the law on peaceful demonstrations.  France said that the previous year had seen some encouraging developments in Cambodia, but more needed to be done.  France was concerned about the recent law on the registration of non-governmental organizations.  France welcomed the agreement between the two main parties in Cambodia, which allowed the opposition to be active.  China was pleased to note that Cambodia’s economy had now been growing for more than two decades, which had benefited economic, social and cultural rights of the Cambodian people.  China hoped that the Special Rapporteur would strictly follow the mandate throughout the conduct of her mission.

Viet Nam commended Cambodia’s progress in ensuring social development and vibrant economic growth, which contributed to enhanced living standards and the enjoyment of human rights.  It also applauded the effective cooperation between the Government of Cambodia with United Nations human rights mechanisms, including the Office of the High Commissioner for Human Rights.  Japan noted that since the end of the civil war, Cambodia had significantly developed its economy.  Nevertheless, certain human rights issues, such as the Khmer Rouge court, land concessions, the rule of law, judiciary reforms and civil society space, remained to be addressed.  Thailand commended the efforts of the Cambodian Government to fulfil its human rights obligations.  It expressed hope that the presence of the office of the High Commissioner for Human Rights in the country would strengthen technical cooperation and capacity-building for the benefit of the people of Cambodia.

RHONA SMITH, Special Rapporteur on the situation of human rights in Cambodia, said Cambodia had long been working on human rights education and had made efforts to make such rights known.  There was willingness and need to include both government-led human rights education and civil society initiatives.  With respect to technical cooperation, there was an understanding from the Government of the need to interact with United Nations agencies in the field of human rights. 

Australia welcomed Cambodia’s cooperation with the United Nations human rights mechanisms, and urged full implementation of the 2014 agreement between the Cambodian People’s Party and the Cambodian National Rescue Party on parliamentary and electoral reform.  Securing democratic reforms was vital, to ensure free and fair elections in the future.  Lao People’s Democratic Republic said a country-specific resolution would not be constructive to improve the human rights situation in Cambodia, and believed the Universal Periodic Review was the preferred mechanism to raise human rights concerns.  It commended progress made by Cambodia in strengthening the rule of law, improving human rights education and combatting gender discrimination.  Malaysia welcomed the positive efforts by Cambodia, including efforts in setting up and adopting numerous policies, laws and regulations in land sector.  Proper management of land was essential to development and poverty reduction.  Malaysia also noted progress made by Cambodia in drafting its national policy on housing. 

Myanmar commended Cambodia for its continued engagement with the international human rights mechanisms, particularly its cooperation with the Special Rapporteur.  As a fellow ASEAN member, Myanmar wished Cambodia great success in future endeavours.  United Kingdom was pleased that Cambodia had engaged in the second Universal Periodic Review process.  The Government should continue to work on resolving land issues fairly and hold broad and meaningful consultation on any future draft legislation affecting human rights.  Switzerland welcomed the development of democratic space in Cambodia and acknowledged progress made in the decentralization reforms.  The Government was encouraged to redouble its efforts on guaranteeing independence, impartiality and transparency of the judiciary system.  United States remained concerned about the human rights situation in Cambodia and called upon the Government to make greater efforts to promote a vibrant and open civil society.  The recently enacted Law on Associations and Non-Governmental Organizations contained provisions appearing to repress human rights.

RHONA SMITH, Special Rapporteur on the situation of human rights in Cambodia, welcomed the offer for bilateral technical bilateral cooperation with the Government of Cambodia, on electoral and land reform.  Both issues had potential.  As for the rights of women, Ms. Smith said that she intended to move forward with that issue and to address the marginalization of women in society.  As for the Law on Associations and Non-Governmental Organizations, she said that it had potential.  If implemented through clear guidelines and disseminated in a manner which required the law enforcement forces to apply them in line with international standards, it would be successful.  She recognized the concern raised by some delegations over the implementation of the law and over repression of civil society.

Asian Forum for Human Rights and Development called on the Council to extend the mandate of the Special Rapporteur for another term of two years.  It strongly opposed the recent passage of the Law on Associations and Non-Governmental Organizations, which the Government prepared without the participation of civil society.  Lawyers’ Rights Watch Canada stated that Cambodia had largely failed to implement recommendations of treaty bodies and Special Procedures mandate holders since 1993.  Its endemically corrupt judiciary continued to lack independence.  Judicial harassment of human rights defenders, especially of those working on land rights issues, was a longstanding concern.  Human Rights Now voiced deep concern over the escalation of human rights violations in Cambodia in the past two years.  The tightened Government control over the judiciary and the absence of fair trial standards were troubling, allowing for numerous politically motivated cases of arbitrary detention and judicial harassment of human rights defenders.

International Federation for Human Rights Leagues, in a joint statement, remained deeply concerned about serious and systematic human rights violations in Cambodia and ongoing impunity for perpetrators.  The country risked falling deeper into a pattern of institutionalized human rights violations and political violence.  The Government had taken steps to restrict rights and freedoms, consolidate its control over the judiciary and limit political opposition.  It had also taken measures to prevent civil society organizations from operating freely and independently.  Cambodia should not drop any lower in the Council’s list of priorities. International Catholic Child Bureau said that despite commendable progress by Cambodia and international assistance, the human rights situation, including the rights of the child, remained critical.  Children faced violence, sexual abuse and exploitation,  as well as restrictions on their access to education and other violations of their rights.   World Association for the School as an Instrument of Peace said elections had been held, leading to a political crisis.  Millions were ruled out of the electoral process.  There had been attempts to curb the abilities of human rights defenders and activists to use their right to freedom of expression.  Arbitrary arrests and abuse of military authorities had taken place.  Cambodia should repeal the new electoral law. 
CIVICUS - World Alliance for Citizen Participation said the human rights situation in Cambodia had been declining steadily over the past few years, since the 2013 elections and the crackdown on peaceful protestors.  Civicus remained concerned at restrictions imposed on freedom of expression and on the activities of civil society.  The mandate of the Special Rapporteur should be extended for another two years.  Human Rights Watch said that Cambodia was rapidly reverting into a de facto one party State.  The courts were used to intimidate and imprison critics of the Government, while elections were fundamentally staged by the regime of the President in power for 30 years.  Draconian laws on the internet and trade unions had been proposed. 

Concluding Remarks

RHONA SMITH, Special Rapporteur on the situation of human rights in Cambodia, stated that with respect to the Law on Associations and Non-Governmental Organizations, consultations had been carried out with a variety of stakeholders several years earlier.  The issue was that the text of the law had been disseminated several years after the consultations.  The full text of the draft Trade Union Law, which was not public at present, would be published in the coming months.  The International Labour Organization had seen the draft and provided its comments.  Ms. Smith would continue to monitor the situation of human rights defenders who might have been imprisoned for their activism.  Problems in Cambodia sometimes arose when final drafts of laws were distributed relatively late in the process, just before being confirmed in the Parliament.  Proper open drafting sessions with various stakeholders, rather than just workshops, should be held.  Ms. Smith stood willing to serve the people of Cambodia and the Human Rights Council should her mandate be renewed. 

Documentation 

The Council has before it a report of the Independent Expert on the situation of human rights in the Sudan (A/HRC/30/60)

Presentation of Report by the Independent Expert on the Situation of Human Rights in Sudan

ARISTIDE NONONSI, Independent Expert on the situation of human rights in Sudan, presented his first report on the situation of human rights in Sudan for the period of December 2014 to June 2015.  The objective of the meetings he held in Sudan was to identify the technical assistance and capacity-building needs that would enable the country to fulfill its human rights obligations.  The Government continued to take steps in adopting relevant policies towards improving the human rights situation.  Amendments of the Criminal Code constituted a step forward in the fight against impunity for violence against women.  While those steps were welcomed, Mr. Nononsi stressed the need for the Government to take concrete measures to prevent and address other forms of violence against women, such as the review of Article 152 of the Criminal Code on “indecent dress” in order to ensure that the offence of modesty and the penalty of flogging did not perpetuate violence against women.  The general human rights situation in Sudan remained precarious.  Curtailment of civil society activities was reported, as well as on restrictions on political rights and freedoms, including the freedom of expression, assembly and association, especially in the lead up to the April 2015 general elections.  Other areas of concern included freedom of the press, with particular reference to the use of national security laws to clamp down on the press, arrest journalists and confiscate newspapers and equipment. 

Lack of security due to armed conflicts was the main source of human rights violations in different parts of the country.  Sporadic cycles of armed conflicts continued in Darfur, Southern Kordofan and Blue Nile, which had a negative impact on civilians.  In North and South Darfur states widespread human rights violations and abuses continued, with large number of civilians displaced as a result of the violence between warring communities, and attacks by Government-allied militia and armed opposition groups.  An estimated 388,000 people were displaced in the first half of 2015 alone, in addition to the 2.5 million already displaced since the beginning of the conflict in 2003.  Mr. Nononsi called on the Government to fulfil its obligation to create a safe and secure environment for the displaced people.  He also encouraged donor States and international institutions to continue to provide much-needed support in order to enhance the capacity of the United Nations-African Union Mission in Darfur to discharge its mandate effectively.  He also urged the donor countries and the international community to provide the necessary technical and financial support to Sudan in the field of human rights.  
 
Statement by the Concerned Country

Sudan, speaking as the concerned country, emphasized its keenness to constructively cooperate with the Council and all international and regional human rights mechanisms.  Sudan had welcomed the Independent Expert and availed him with all facilities he had requested.  Sudan regretted that the Independent Expert had not indicated Sudan’s response in the final version of his report.  The country was going ahead in the implementation of the Doha Peace Agreement, assisting in the expansion of the area of stability in the Darfur region.  The report neglected the positive developments, such as the work of justice institutions in the investigation and prosecution of the regular forces personnel.  Obvious improvements of security and humanitarian situations in Darfur were also ignored.  The armed insurgency against the State in certain areas was the biggest challenge; a decree of ceasefire and offering general amnesty and immunity had been issued to all those willing to participate in the dialogue.

Right of Reply

Russia, speaking in a right of reply, said that the Crimea had made its choice to be part of the Russian Federation.  A number of provocateurs were trying to stir conflict.  It was surprising that criticisms of the water blockade of the Crimea were not heard more often.  Human rights violations in the Crimea were coming from Western countries, which were trying to isolate the peninsula from the rest of the world.

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