Cambodia
1. The Committee
considered the initial report of Cambodia (CCPR/C/81/Add.12) at its
1758th, 1759th and 1760th meetings (CCPR/C/SR.1758, 1759 and 1760) held
on 14th and 15th of July 1999 and adopted the
following concluding observations at its 1770th and 1771st
meetings (CCPR/C/SR 1770-1771) held on 22 July 1999.
A. Introduction
2. The Committee
welcomes the State party's comprehensive and detailed initial report
which pointed to many difficulties. It appreciates the information provided
by the delegation in its dialogue with the Committee.
B. Positive aspects
3. The Committee
welcomes the fact that the State party has begun the process of reforming
and training the judiciary which was destroyed in the period of Khmer
Rouge rule.
4. The Committee
also welcomes the fact that the Constitution calls for recognition of
and respect for human rights as stipulated in international instruments,
including the Covenant.
C. Factors and difficulties affecting implementation of the Covenant
5. The State
party has undergone a long period of conflict and violence which resulted
in the killing of a high proportion of its population, the forced exile
of many others, the destruction of the main institutions of the State,
including the judiciary, and the undermining of its economic and social
life. There remains an unacceptable level of violence and use of weapons.
D. Principal areas of concern and recommendations
6. The Committee
is concerned that Khmer Rouge leaders have not yet been brought to trial.
The State party
should take steps without delay to ensure that the alleged perpetrators
of gross human rights violations and crimes against humanity are brought
to trial before properly constituted independent courts and in accordance
with generally accepted international standards.
7. The Committee
is concerned that under article 31 of the Constitution equality rights
apply to "Khmer citizens" and that other provisions protect
the rights of "Khmer citizens".
The State party
should ensure that Covenant rights are enjoyed without distinction.
8. a) The Committee
is concerned that the justice system remains weak due to the killing
or expulsion of professionally trained lawyers during the conflict,
the lack of training and resources for the new judiciary and their susceptibility
to bribery and political pressure. The Committee is also concerned that
the Supreme Council of the Magistracy is not independent of government
influence, and that it has not yet been able to deal with the many allegations
of judicial incompetence and unethical behaviour.
b) The Committee
is further concerned that the judiciary seeks the opinion of the Ministry
of Justice in regard to the interpretation of laws and that the Ministry
issues circulars which are binding on judges.
The State party
should take urgent measures to strengthen the judiciary and to guarantee
its independence, and to ensure that all allegations of corruption or
undue pressure on the judiciary are dealt with promptly.
9. The Committee
is seriously concerned that the effect of Article 51 of the Cambodian
Common Statute of Civil Servants, in requiring permission from the relevant
Minister (or from the Council of Ministers) before a criminal prosecution
against a civil servant (or senior civil servant) may be initiated,
tends to lead to impunity by preventing the investigation and prosecution
of public officials, including law enforcement officers responsible
for human rights violations. It notes the statement by the delegation
that this law is not applied to members of the security forces and that
its repeal has been proposed.
The State party
should repeal Article 51 of the Common Statute of Civil Servants without
delay.
10. The Committee
is concerned that the State party has not yet established an independent
and legally constituted body with power to oversee and report on the
implementation of human rights obligations, and to investigate complaints
of human rights violations, and that the National Human Rights Committee
referred to in para 27 of the report has neither the resources nor the
independence to carry out this function. Furthermore, while the State
party concedes that its judiciary is lacking in resources and is plagued
by corruption, it puts undue reliance on the courts to investigate human
rights violations by public officials.
A permanent
and independent human rights monitoring body should be established by
legislation, with adequate powers and resources to receive and investigate
allegations of torture or other abuses of power by public officials.
11. The Committee
is alarmed at reports of killings by the security forces, other disappearances
and deaths in custody, and at the failure of the State party to investigate
fully all these allegations and to bring the perpetrators to justice.
It is particularly concerned at the lack of action in regard to the
many deaths and disappearances that occurred during 1997 and during
the 1998 elections, and in regard to the delay in completing the investigation
of the grenade attack on demonstrators on 30 March 1997.
Action should
be taken without delay to prevent the further occurrence of such incidents,
to investigate all such allegations, and to bring those alleged to have
violated Covenant rights to trial.
12. The Committee
is concerned at statements in the report that the laws relating to arrest
and preventive and pre-trial detention are not strictly observed, that
unlawful and arbitrary detention is common and that many persons are
kept in pre-trial detention longer than the period of six months permitted
under Cambodian law. It is especially concerned that the provisions
of the Transitional Criminal Code (arts 10-22), under which the court
must order immediate release when a person is arrested without warrant,
are not always complied with by the police authorities. It is also concerned
about reports of obstruction of the judicial process by the police.
The State party
should take firm measures, including training of the judiciary and the
police in human rights, to ensure strict compliance with its Criminal
Code and with article 9 of the Covenant.
13. The Committee
is seriously concerned at statements in the report relating to the frequency
of physical and mental coercion of accused persons and the beating of
detainees during interrogation, and that there have been few investigations
or prosecutions in respect of allegations of torture and ill treatment.
The Committee is also concerned at reports that women prisoners are
vulnerable to rape by prison guards and that despite the prohibition
of the use of shackles and chains in prisons, there continue to be reports
of their use.
The State party
should act without delay to prevent these abuses, which violate articles
7 (1) and 10 (1) of the Covenant, to investigate alleged violations
and bring the perpetrators to justice; it should ensure that confessions
obtained by force are excluded from evidence, that women prisoners are
guarded only by female warders, and that there are effective procedures
for making and investigating complaints by prisoners and detainees.
14. The Committee
is concerned at reports of serious overcrowding in prisons and at the
level of ill-health among prisoners and the lack of health care.
The State party
should take urgent steps to ensure that article 10 of the Covenant is
fully implemented and that basic minimum standards are met in all prisons
and places of detention.
15. The Committee
is concerned at reports that children are detained in juvenile detention
facilities for considerable periods without charge, and without access
to a lawyer or to court. It is particularly concerned that these children
are subjected to beatings and to ill-treatment.
The State party
should ensure strict observance of articles 7,9 and 10 and should take
appropriate measures to ensure protection of children in accordance
with article 24 of the Covenant.
16. The Committee
is seriously concerned at the reports of extensive trafficking of men
and women for labour, and of women and children for purposes of sexual
exploitation and forced prostitution. It is particularly concerned that
the laws which prohibit these abuses are not enforced.
The State party
should take positive steps to eradicate these practices, to protect
the victims, to prosecute those responsible and to enforce anti-corruption
measures in respect of law enforcement officers.
17. The Committee
is concerned that prevalent attitudes concerning the subordinate role
of women in the family and in society are a substantial obstacle to
the equal enjoyment of rights by women, and impede their education and
opportunities for employment and full participation in political life.
The Committee is also concerned that parents decide upon marriage, that
children are forced into marriage, that rape in marriage is not an offence
and that the authorities do not provide support to women who complain
of domestic violence.
The State party,
in conformity with its obligations under the Covenant, should ensure
greater access to education by women and girls, equal employment opportunities
for women, and the full and equal participation of women in political
life. It should also take steps to ensure respect for laws prohibiting
marriage without full and free consent, and introduce measures to enable
women to seek effective protection of the law in case of domestic violence.
18. The Committee
is concerned at reports concerning violent attacks on and harassment
of journalists and suspension of publications. It is also concerned
at the Press Laws which impose license requirements and prohibit publications
which, inter alia, cause harm to political stability or which
insult national institutions. These broadly defined offences are incompatible
with the restrictions permissible under paragraph 3 of article 19 of
the Covenant.
The State party
should take action to protect journalists and to investigate acts of
violence and bring the perpetrators to justice. The Press Laws should
be brought into compliance with article 19 of the Covenant.
19. The Committee
regrets the lack of specific information concerning the indigenous peoples
and especially hill tribes, and about the measures taken to ensure that
their rights under article 27 to enjoy their cultural traditions, including
their agricultural activities, are respected.
Immediate measures
should be taken to ensure that the rights of members of indigenous communities
are respected; further information on these issues should be included
in the State party's second periodic report.
20. The Committee
requests that the State party submit its second periodic report in 2002.
It recommends that the State party disseminate these concluding observations
in the Cambodian language widely throughout the community.