Human Rights Council - 15th Regular Session
Interactive dialogue with the Special Rapporteur on Cambodia
Australian Statement
by Ms Sally Dawkins
28 September 2010
We thank the Special Rapporteur for his report on his recent missions to Cambodia (17 to 30 January and 8 to 18 June). We welcome his access to senior government officials particularly His Majesty the King and Samdech Prime Minister Hun Sen.
We strongly support the Special Rapporteur’s focus on the rule of law, particularly independence of the judiciary. A capable and functioning law and justice system which includes equality before the law is essential to Cambodia’s successful post-conflict transition.
We agree that the Cambodian Government should be congratulated on its rule of law progress including implementation of the Penal Code and anti-corruption laws. The steady progress of the Extraordinary Chambers in the Courts of Cambodia (ECCC) is also to be welcomed. We are hopeful that in addition to providing accountability for victims and survivors of crimes committed from 1975-79, the ECCC will contribute to the development of Cambodia’s jurisprudence and national legal capacity.
The resolution to be considered by the Council this week on “Advisory services and technical assistance for Cambodia”, drafted under the leadership of Japan, highlights ongoing Cambodian human rights challenges. While acknowledging the complexity of land issues in Cambodia, Australia remains particularly concerned about ongoing forced displacements, evictions, and land disputes which have a particular impact on impoverished and indigenous communities. We would welcome a strengthening of existing regulatory frameworks and greater complainant access to appropriate adjudicative mechanisms. We continue to urge the Cambodian Government to address this issue as called for in HRC Resolution 12/25. We are interested to hear from the Special Rapporteur what steps can be taken to assist Cambodia in its efforts to address these land issues.
While we welcome the removal of criminal charges for defamation, we note freedom of speech continues to be restricted by the UNTAC law. We also note that disinformation remains a criminal offence under the new Penal Code. We would welcome greater restraint in recourse to legal proceedings on matters that might reasonably be considered an exercise of the right to free expression.
We urge the Government of Cambodia and the Special Rapporteur to continue to consult closely in the interests of improving the human rights situation in Cambodia. We believe that the special procedure’s mandate on Cambodia, and particularly the role of the Special Rapporteur, are important methods for working constructively with Cambodia on human rights issues.