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Law on Administrative Management of Communes Sangkats
The Cambodian Center for Human Rights (“CCHR”) has classified the Law as red. The dominant role that the Law grants the Ministry of Interior (the “MOI”) undermines some positive provisions, while the role of the commune/sangkat councils (the “Councils”) as representatives of the people is difficult to reconcile with their role as agent of the State, given that the former represents the interests of the people and the latter the interests of the State and the ruling party. Decentralization is an admirable objective, but only if it transfers power to the people at the grassroots level. The Law fails as regards this overriding objective.
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The National Election Committee the NEC
An independent, neutral and competent election administrator that is capable of dealing effectively with complaints is fundamental to enabling voters to feel confidence in the electoral process. However, issues pertaining to the structure, independence and functioning of the NEC raise questions about its ability to be a true and fair electoral administrator.
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The Continuing Borei Keila Tragedy
The Borei Keila case is one of many across the Kingdom of Cambodia (“Cambodia”) that suggest that the total disregard for poor and marginalized communities shown by powerful well-‐ connected companies and the authorities is increasingly leading to abject misery and tragic consequences for such people, whose human rights are neither respected nor protected.
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Village Commune Safety Policy
The Cambodian Center for Human Rights (“CCHR”) has classified the Instructional Plan on the Organization for the Implementation of the Village-‐Commune Safety Policy (the “VCSP”) as red under the CCHR Law Classification Series. Although there is evidence that the VCSP is having a positive effect in communities in terms of crime reduction and security, there are serious deficiencies in terms of (1) its legislative status and relationship with other laws and legal instruments, (2) the implications for the Cambodian people’s constitutional and civil rights, (3) grassroots political control, and (4) the increased opportunities for corruption.
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Freedom from Discrimination LGBT People
While the Kingdom of Cambodia (“Cambodia”) has not enacted an anti-‐discrimination law, freedom from discrimination is protected under both domestic and international law. However, lesbian, gay, bisexual and transgender (“LGBT”) people are not specifically protected, and continue to face discrimination in practice. As a result, they are further marginalized, which in turn acts as a barrier on their participating in the country’s social and economic development.
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Law on Freedom of Information
The Cambodian Center for Human Rights (“CCHR”) has classified the proposed Law on Freedom of Information (the “Proposed Law”) yellow, as it contains some positive provisions that promote freedom of information while also, importantly, providing for an independent institution with which ordinary people can file a complaint once their right to freedom of information has been violated. However, the Proposed Law still requires some revision: among other things, in many places it is still vague, meaning that it might be abused or misinterpreted, thereby negatively affecting the right to freedom of information in the Kingdom of Cambodia (“Cambodia”).
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Desperate Measures in Ratanakiri Land Dispute
This case – an example of a community’s rights being continually abused – is one of many across the Kingdom of Cambodia (“Cambodia”) that suggests that the complete absence of the rule of law, the lack of accessible judicial remedies for human rights abuses, and the all-‐ pervasive blanket of impunity lying across the country is driving people and communities to resort to extreme and desperate measures to defend their rights and to seek remedies and resolutions.
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Freedom of Information
Freedom of information is widely recognized as a fundamental human right and a key tenet of democracy. The Royal Government of Cambodia (the “RGC”) has declared its commitment to the right to freedom of information, however, the right to access information, the availability of information, and demand for information are far from entrenched in Cambodian society.
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ASEAN Human Rights Declaration
The Cambodian Center for Human Rights (“CCHR”) has classified the leaked draft of the Declaration yellow: its premise is admirable; however, a number of articles go against the stated aim of promoting and protecting human rights in the Association of South-‐East Asian Nations (“ASEAN”).
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National Human Rights Bodies in Cambodia
The National Human Rights Bodies, while representing a potentially important means of promoting and protecting human rights in the Kingdom of Cambodia (“Cambodia”), have failed to demonstrate that they are sufficiently autonomous to hold the Royal Government of Cambodia (the “RGC”) to account when it comes to its human rights record.
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Key Trial Monitoring Statistics
This leaflet illustrates the important statistical information gathered by the Cambodian Center for Human Rights’ (“CCHR”) Trial Monitoring Project at the Phnom Penh Court of First Instance (“Phnom Penh Court”) in 2011.
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Case Study Series Impunity in Banteay Meanchey
This case – whereby someone faces the full force of the law for doing his job and defending the rights of a young woman who is allegedly the victim of sexual harassment – shows that the judicial system of the Kingdom of Cambodia (“Cambodia”) is being abused, serving only to protect the interests of the powerful and well‐connected rather than to provide justice and remedies to those in need. The Cambodian judicial system is currently not fit for purpose.
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