人权理事会通过有关柬埔寨的普遍定期审议结果（部分翻译）

人权理事会
上午

2014年6月26日

人权理事会今天上午通过了有关柬埔寨的普遍定期审议结果。
 
柬埔寨常驻联合国日内瓦办事处代表聂萨摩（Ney Samol）表示，柬埔寨共收到205条建议，接受了其中的163条，注意到38条并拒绝了4条。柬埔寨已通过或加入所有核心人权条约，并在与联合国人权机制的合作方面付出了巨大的努力。柬埔寨在2014年5月进行的司法改革和通过的新法旨在加强司法机构的能力、独立性、公正性和诚信度。柬埔寨已通过法律、政策、国家战略和行动计划等方式在消除对妇女一切形式的歧视和保护儿童权利方面付出巨大的努力。
 
在有关柬埔寨的讨论中，发言者对该国为保护人权而改善立法和机构框架方面的进步以及保护妇女和儿童权利的措施表示欢迎。发言者对该国在落实千年发展目标，尤其是减贫、粮食安全和人民社会经济发展目标方面取得的进步表示欢迎。政府应立即落实劳动法并解除对游行与和平集会的禁令。发言者对该国在侵犯人权方面的有罪不罚现象表示关切，并指出新法可能导致政府对司法机构的更大控制，从而削弱司法系统的独立性。
 
在讨论中发言的有：伊朗，老挝民主主义人民共和国，马来西亚，摩洛哥，缅甸，菲律宾，新加坡，斯里兰卡，泰国，英国，美国，乌兹别克斯坦，委内瑞拉，阿尔及利亚，文莱，中国，古巴，印度和印尼。
 
以下非政府组织也在讨论中发言：亚洲人权与发展论坛，人权观察，大赦国际，荷兰文化与休闲中心（COC Netherland），加拿大人口与发展行动，世界公民参与联盟，国际妇女志愿组织（International Volunteerism Organization for Women），教育与发展组织（联合声明）和国际人权同盟联合会。 
 
理事会随后通过了有关柬埔寨的普遍定期审议结果。
 
人权理事会将于上午10点恢复工作，届时将开始就决议和决定采取行动。
 
Consideration of Outcome of Universal Periodic Review of Cambodia
 
NEY SAMOL, Permanent Representative of Cambodia to the United Nations Office at Geneva, said that the Universal Periodic Review was a useful and valuable process which provided Governments with a platform to reflect on their human rights situations.  The constructive dialogue with other countries and stakeholders was an integral part of the commitment to improving human rights in a country.  Cambodia had received 205 recommendations, of which it had immediately accepted 163, noted 38 and rejected four.  Among the 163 accepted recommendations, Cambodia was of the view that some recommendations overlapped and for this reason could be combined, clustered and merged into only 48 recommendations.  Cambodia had ratified or acceded to all the core human rights treaties and had made great efforts in closely cooperating with the United Nations human rights mechanisms, including extending the mandate of the Special Rapporteur on the situation of human rights in Cambodia until September 2015. 
 
Regarding the reform of the judiciary, the National Assembly had adopted in May three fundamental laws, on the status of judges and prosecutors, on the organization and functioning of courts, and on the organization and functioning of the Supreme Council of Magistracy.  The aim of the laws was to strengthen the capacity, independence, impartiality and integrity of judiciary institutions.  The Strategic Plan 2014-2018 provided a framework for management and the treatment of prisoners and was more compliant with international human rights norms and standards.  Efforts were made to apply the provisions of the Convention on the Elimination of Discrimination against Women in national policies and legislation; the Constitution abolished all forms of discrimination against women and laws on prevention of domestic violence and protection of victims, on monogamy and others were adopted.  Various measures were undertaken to protect the rights of children, including through laws, policies, national strategies and action plans.
 
Iran expressed appreciation for Cambodia’s efforts despite the numerous challenges facing the country; and acknowledged that all of its recommendations on a child protection system, health, a social service system, and the rights of persons with disabilities enjoyed the support of Cambodia.  This was a clear manifestation of the Government’s commitment to the cause of human rights.
 
Lao People’s Democratic Republic noted the acceptance of a large number of recommendations during the review, including the achievement of socio-economic development and the attainment of five Millennium Development Goals’ targets before the deadline.  The delegation also commended the significant improvement in the implementation of a national plan on “education for all” and the adoption of measures to prevent discrimination against women.
 
Malaysia commended Cambodia for its forthcoming engagement in the review process and was pleased with the explanations and responses provided by the delegation.  Malaysia noted with appreciation continuous efforts, among others, the strengthening of the legal and judicial systems and efforts to combat corruption. Cambodia had accepted a high number of recommendations, including those made by Malaysia.
 
Morocco congratulated Cambodia for the efforts deployed to comply with its international obligations by submitting all reports due under treaty bodies.  Morocco noted with satisfaction the cooperation with the Special Rapporteur, who had been able to carry out several visits, as well as the level of interaction during the review process which was evidence of the State’s determination to achieve progress in the field of human rights.  
 
Myanmar thanked Cambodia for the comprehensive presentation and took positive note of Cambodia’s constructive participation in the Universal Periodic Review.  Myanmar was pleased that Cambodia had accepted most of the recommendations, including those made by Myanmar on reducing rural poverty and continuing efforts on providing education for all.
 
Philippines was pleased to see improvement in the legislative and normative framework in Cambodia and appreciated efforts to improve national institutions and increase the protection of women and children.  The Philippines also appreciated Cambodia’s regional cooperation efforts.
 
Singapore noted the high number of recommendations Cambodia had accepted which reflected the political will of the Government to further improve the human rights situation of its people.  Singapore would continue cooperating with Cambodia on improving human rights in the region.
 
Sri Lanka congratulated Cambodia on the acceptance of a large number of recommendations and on efforts to achieve the Millennium Development Goals.  Sri Lanka took note of the efforts to achieve the national goals of poverty reduction, food security and socio-economic development in the country.
 
Thailand commended Cambodia’s constructive engagement with the review process and noted with appreciation the immediate acceptance of the majority of the recommendations provided by fellow countries, including Thailand’s recommendation concerning access to education and health.  Thailand also welcomed efforts to provide detailed clarification on the recommendations only partially accepted and those that were not supported. 
 
United Kingdom welcomed Cambodia’s commitment to produce a human rights action plan on the implementation of the review recommendations, as well as the acceptance of the United Kingdom’s recommendation concerning the implementation of the Special Rapporteur’s recommendations on electoral reforms by the end of 2014, as well as action taken towards improving land rights.  The United Kingdom reiterated the importance of respecting fundamental rights and ensuring that the draft cyber-crime law did not curtail freedom of expression.
 
United States urged Cambodia to follow through accepted recommendations in consultation with civil society and opposition parties.  The United States noted with concern that the ban on demonstrations had not been lifted and that recommendations regarding the repeal or amendment of the penal code, such as articles regarding defamation or discrediting of judicial decisions, had not been accepted; and called on Cambodia to swiftly implement recommendations on workers’ rights and labour standards.
 
Uzbekistan welcomed the delegation of Cambodia and commended it for the comprehensive information and comments concerning the recommendations emanating from the review process.  Uzbekistan was pleased that Cambodia had accepted most of the recommendations, including those submitted by Uzbekistan, and hoped that their implementation would lead to the strengthening of the human rights system.
 
Venezuela welcomed Cambodia’s programme to combat poverty and to move to sustainable management and fair use of land.  Substantial progress had been made in complying with recommendations from the first cycle of the Universal Periodic Review.  Venezuela called on the Council to adopt the outcome report of Cambodia.
 
Algeria noted the constructive commitment of Cambodia to the Universal Periodic Review process and the acceptance of recommendations, including those made by Algeria to establish national human rights institutions in line with the Paris Principles, and to end all forms of discrimination against women.
 
Brunei Darussalam welcomed the policies to improve social indicators in Cambodia and the cooperation with the United Nations human rights mechanisms during the review process.  The acceptance of a large number of recommendations was a clear indication of the commitment of the country to improve its human rights.
 
China appreciated the efforts of Cambodia to actively implement recommendations received during the review and welcomed the progress made in the improvement of human rights in the country.  China hoped that the international community would continue to assist Cambodia in her efforts to improve the situation of human rights.
 
Cuba congratulated Cambodia for its effective implementation of all recommendations during the first cycle of the review, showing the will of the authorities to protect and promote the human rights of their people.  Cuba noted that it had ratified two important international treaties, the Convention on the Right of Persons with Disabilities, and the Convention on Enforced Disappearances. 
 
India commended Cambodia for the constructive manner in which it had participated in the review.  It was encouraging that Cambodia had accepted many recommendations this year.  India believed Cambodia had gained much from its participation in the Universal Periodic Review and that it would continue its efforts to implement recommendations made over the coming years.
 
Indonesia said Cambodia’s commitment to the review process was commendable, as seen through its firm acceptance of 91 recommendations during the first cycle, and 163 recommendations in the second round.  Indonesia appreciated Cambodia’s acceptance of recommendations to strengthen its institutional capacity in promoting and protecting human rights, including on establishing a national human rights institution.
 
Asian Forum for Human Rights and Development said the Government of Cambodia had failed to respond early to 34 recommendations pending acceptance, including those related to the protection of human rights defenders and the right to freedom of peaceful assembly.  Grave concern was reiterated over the recent violent crackdown by State security forces against public assemblies. 
 
Human Rights Watch said that the review came at a time of serious concern regarding the deterioration of the human rights situation in Cambodia.  Many recommendations had called on Cambodia to reform the electoral system, ensure the rights to peaceful assembly and association, and open up the media to full freedom of expression.  Cambodia must stop paying lip service to human rights principles while entrenching practices that violated them.
 
Amnesty International welcomed recommendations on the rights to freedom of peaceful of assembly, association and expression, some of which had been accepted.  Amnesty asked the Government to lift restrictions on peaceful assembly and to end the ban, announced earlier this year, imposed on this freedom.  It was disappointing that recommendations to investigate the use of excessive force and to end impunity had not been accepted.
 
COC Nederland, in a joint statement, emphasised that lesbian, gay, bisexual, transgender and intersex people in Cambodia continued to struggle for equality and respect and were subject to discrimination, abuse and violence.  The organizations were concerned that the Government would not particularly address violations on the grounds of sexual orientation and gender identity, recommending a number of measures to this end.
 
Action Canada for Population and Development commended the acceptance of recommendations to eliminate patriarchal attitudes and stereotypes, provide free treatment to people living with HIV, further develop the health sector and provide sexual and reproductive health information, but noted that the health care sector remained underfunded and understaffed.  Action Canada was concerned about the lack of attention paid during the review to discrimination based on sexual orientation and gender identity.
 
CIVICUS World Alliance for Citizen Participation said that despite Cambodia’s explicit commitments during its review, the Government had simultaneously taken steps to limit the space for civil society and human rights defenders at the national level.  It was urged to take all measures to implement recommendations accepted in that regard.
 
International Volunteerism Organization for Women, Education and Development, in a joint statement, said that further efforts were required to fully ensure children’s rights.  A large number of children with disabilities were still excluded from the education system, while many attending school faced physical obstacles to educational facilities.
 
International Federation for Human Rights Leagues said it was deeply regrettable that Cambodia had not responded in due course to recommendations that were based on its international obligations, including on the protection of human rights defenders and journalists, the right to peaceful assembly, the fight against impunity, and land rights. 
 
Concluding Remarks
 
The President said that of the 205 recommendations received, 163 enjoyed the support of Cambodia and 42 were noted.
 
NEY SAMOL, Permanent Representative of Cambodia to the United Nations Office at Geneva, said that a number of issues raised in the discussion today had already been addressed in the national report of Cambodia.  Cambodia expressed sincere appreciation to all delegations and non-governmental organizations that had participated in the dialogue and assured them that all concerns would be conveyed to the relevant authorities.  The Government acknowledged the remaining challenges in the protection of human rights in the country and reiterated the commitment to implement realistic measures based on principles of democracy, rule of law and human rights. 

Cambodia would also continue to strengthen close cooperation with the United Nations human rights mechanisms, particularly the Special Rapporteur, and would join efforts with others to overcome challenges to gender equality.  The Government was committed to deeply reform the legal system and the courts by designing a legal framework with sustainability and more confidence and strengthening the capacity and independence of the courts.
 
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