UN Envoy Re****ts 'No Incentive' for Rights
By VOA Khmer, Re****ters
Original re****t from Phnom Penh
18 March 2008
Cambodia's government has no reason to reform "widespread violations
of human rights," as the rule of law and rights of citizens are
neglected, the UN special envoy for human rights has re****ted.
Yash Ghai, the UN secretary-general's rights envoy for Cambodia, is
expected to address the 7th session of the UN Human Rights Council
Wednesday, and to include findings of a re****t now available online.
"The government has no incentives for reform, as the international
community continues to make large financial contributions regardless
of widespread violations of human rights," Ghai wrote in his re****t to
the Rights Council.
Repeated attempts to reach government spokesmen at the ministries of
Information and Foreign Affairs were unsuccessful Tuesday, but
officials have steadily denounced Ghai's rights re****ts. The
government refused to meet with Ghai on a December visit, and Prime
Minister Hun Sen has called for his ouster.
Ahead of Ghai's expected address, the Cambodian Ministry of Foreign
Affairs issued a restriction on visas issued to Ghai through foreign
embassies. In a letter obtained by VOA Khmer, the Ministry of Foreign
Affairs ordered that visas for Ghai must be approved directly through
the ministry.
Ghai's re****t is critical of the erosion of the rule of law and the
constitution, and cautions against government involvement in land
disputes, among other areas of concern.
"Laws, institutions [and] procedures critical to the rule of law are
very little respected in Cambodia - especially by the State," Ghai
re****ted.
The lack of respect for such laws meant many of the provisions in the
constitution were negated, he wrote.
"Numerous re****ts by the Special Representatives and national and
international organizations have highlighted serious consequences of
this," he wrote. "For the most part, the Government has made no
serious attempt to deny, much less refute, these findings or to take
serious action to address these issues."
Ghai visited Cambodia in December, meeting with non-government
agencies and residents who had been removed from their land. On that
visit, he said land disputes were a source of destabilization for
Cambodia.
Ghai recommended in his Rights Council re****t that the government "do
all it can to stop forced evictions" and "never be complicit in
unlawful evictions."
Residents should never be made homeless as a result of development, he
wrote, and evictions should only be made in "exceptional
cir***stances, and solely for the purpose of promoting the general
welfare in a democratic society."
Ghai shunned the use of force and imprisonment in cases related to
land disputes, especially for those "protecting their rights to land
and housing," and he called for the release of anyone who is currently
jailed under such conditions.
"A moratorium on forced evictions should be declared, to allow the
determination of the legality of land claims to be made in an
objective and fair manner."
Ghai recommended the international community set up or help set up an
"independent expert commission" to review the legal and judicial
system and re****t annually to the donor community.
Ghai cited a re****t by the rights group Licadho, claiming the "justice
system has failed."
"Despite the Untac intervention and 15 years of aid to legal and
judicial reform, in 2007," the re****t, "The Charade of Justice," says,
"the primary functions of the courts continue to be to prosecute
political opponents and other critics of the government; to perpetuate
impunity for State actors and their associates; [and] to promote the
economic interests of the rich and powerful."
For Yash Ghai's full Human Rights Council re****t, click here.
http://voanews.com/khmer/080318-envoy.cfm
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