人权理事会开展关于柬埔寨人权状况的互动对话，听取关于苏丹报告的讲话（部分翻译）

人权理事会
下午

2015年9月29日

人权理事会今日下午与柬埔寨人权状况特别报告员罗娜·史密斯（Rhona Smith）开展互动对话，随后听取苏丹人权状况独立专家阿里斯蒂德·诺诺西（Aristide Nononsi）的报告发言。

史密斯女士在发言中表示，柬埔寨政府参与了一些改革倡议，这将为柬埔寨解决一些突出的人权问题奠定基础，包括落实去年通过的关于司法部门的三部基本法。土地问题是柬埔寨目前所面临的最复杂的问题之一，尤其是对于边缘化社群。其他关键的问题包括和平行使集会、结社与言论自由的空间缩小；包括寻求庇护者和难民在内的尤其脆弱的团体的待遇问题；以及用职业培训中心来收容被赶出首都街头民众的问题。

作为当时国家发言的柬埔寨高度评价了特别报告员的综合报告，表示柬埔寨政府致力于通过设计一个更具有可持续性和更令人有信心的法律框架来改革法律体系和法院。柬埔寨致力于加强法院的能力建设、独立性、公正性和完整性；隔离权力；尊重个人权利和让所有公民享受正义。为此颁布了三部基本法：法官和检察官地位法；法院组织和运作法；以及最高司法行政官委员会（Supreme Council of Magistracy）组织和运作法。

互动对话期间，发言人对柬埔寨在确保社会发展和经济增长方面的进展及其与国际人权机制的合作表示欢迎。然而发言人仍对言论和结社自由的限制以及民间社会和政治反对派的空间缩小表示关切。他们对近期政治党派之间的政治协议表示欢迎，考虑到即将到来的选举，他们鼓励加强民主和法治的改革，并确保司法部门的独立性。一名发言人表示，国别任务授权并不富有成效，普遍定期审议应是提出人权关切的场所。

发言的是欧盟、爱尔兰、法国、中国、越南、日本、泰国、澳大利亚、老挝人民民主共和国、马来西亚、缅甸、英国、瑞士和美国。

发言的还有亚洲人权与发展论坛（Asian Forum for Human Rights and Development）、加拿大律师人权观察（Lawyers’ Rights Watch Canada）、现在就要人权组织（Human Rights Now）、国际人权同盟联合会（International Federation of Human Rights Leagues）、天主教儿童局（Bureau Catholique de l’Enfance）、学校促进和平世界协会（World Association for the School as an Instrument of Peace）、世界公民参与联盟（CIVICUS）和人权观察。

随后理事会听取苏丹人权状况独立专家阿里斯蒂德·诺诺西呈报其报告。

诺诺西先生对修订《刑法》以打击对暴力侵害妇女的有罪不罚表示欢迎，但鼓励就这一问题采取具体措施。对民间社会活动以及言论、集会和结社自由的限制仍是一大关切，还有用国家安全法压制媒体的问题。南北达尔富尔省仍存在大规模的人权侵犯和虐待行为，数千名平民流离失所。苏丹应为流离失所者营造一个安全而可靠的环境。捐赠国和国际机构应继续提供支持来加强非洲联盟驻达尔富尔特派团的能力，以有效地履行其职能。

作为相关国家发言的苏丹表示它欢迎了独立专家并允许其进入他要求的所有设施。苏丹对独立专家未在最终版本的报告中指出苏丹的答复表示遗憾。苏丹正在落实多哈和平协议，为拓宽达尔富尔地区稳定的领域提供帮助。报告忽视了积极的进展，比如司法机构在调查和起诉正规军队工作人员方面的工作。达尔富尔在安全和人道主义状况方面明显的进展也被忽视了。

俄罗斯联邦作了答辩发言。

理事会将在9月30日（周三）上午9点的会议上结束与苏丹人权状况独立专家的互动对话，随后与中非共和国人权状况独立专家和索马里人权状况独立专家开展单独的互动对话。

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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