Human rights in Cambodia

The human rights situation in Cambodia is facing growing criticisms both within the country and an increasingly alarmed international community. After a series of flagrant violation against basic human rights a feeling of incertitude regarding the direction the country is emerging, sometimes comparing the situation to a new-born Burma [http://www.hrw.org/english/docs/2006/01/04/cambod12360.htm]

In its 2004 report on Cambodia, Human Rights Watch stated that "Authorities continue to ban or disperse most public demonstrations. Politicians and journalists critical of the government face violence and intimidation and are barred from equal access to the broadcast media. In addition, the judiciary remains weak and subject to political influence. Trafficking of women and children for sexual exploitation through networks protected or backed by police or government officials is rampant. The government continues to turn a blind eye to fraudulent confiscation of farmers’ land, illegal logging, and widespread plundering of natural resources.” [http://hrw.org/english/docs/2005/01/13/cambod9804.htm]

The current state of the country could be described as a semblance of pluralistic democracy. In July 2004, the royalist opposition party FUNCINPEC formed a coalition government with the Cambodian People Party (CPP) after a political deadlock of more than a year. More recently, Sam Rainsy Party (SRP) members have been targeted for criminal prosecutions, after seeing the parliamentarian immunity of several SRP member lifted by a criticized closed-door hand vote with members of the parliament.

Historical Background

Human rights in Cambodia must be seen in the context of both its traditions deriving primarily from Indian culture and its absolute rule of god-kings, and Buddhism, the main religion within Cambodian society.

On the other hand, the country is also greatly influenced from its modern influences of French colonialism, and a half century of radical change from constitutional monarchy, to a presidential regime under Lon Nol, a radical Marxism-Leninism under the Khmer Rouge, a Vietnamese occupation under the communist party People's Republic of Kampuchea (PRK), to finally the restoration of constitutional monarchy under a United Nations administered transition (UNTAC), a result of the Paris Agreement signed in 1991.

The Paris Agreement required that the Constitution include " [b] asic principles, including those regarding human rights and fundamental freedoms ..." The Paris Agreement also required Cambodia “to take effective measures to ensure that the policies and practices of the past shall never be allowed to return." The Constitution of 1993 does indeed contain a chapter on "The Rights and Obligations of Khmer Citizens" consisting of twenty articles (Articles 31-50), seventeen of which relate to rights and three to duties. In compliance with the requirement of the Paris Agreement that the constitution provide that " [a] ggrieved individuals will be entitled to have the courts adjudicate and enforce these rights" and that " [a] n independent judiciary will be established, empowered to enforce the rights provided under the constitution", the Constitution stipulates that Khmer citizens have the right to denounce, make complaints or file claims against the state of state agents, the settlement of which should be determined by the courts.

Since the adoption of the Constitution in 1993, the UN appointed a Special Representative of the Secretary-General for Human Rights in Cambodia and the UN High Commissioner for Human Rights opened a Cambodian office. These institutions alongside local and international human rights groups have documented a wide range of human rights violations, with limited results, in terms of reform and redress.

Issues

Freedom of Expression and Assembly

Violations of freedom of expression, including lack of access to the media, are endemic. More recently, what was decried as a campaign against freedom of expression [http://www.state.gov/r/pa/prs/ps/2006/58761.htm] marked an accelerating backward slide in Cambodia’s efforts to promote human rights values. There are severe restrictions on freedom of assembly, granted by the Cambodian Constitution, is also being perceived by local organizations [http://www.licadho.org/reports.php?perm=76] as a deliberate campaign to repress Cambodian civil society to grow and voice their concern.

Weak Judiciary System

Efforts to establish an independent judiciary have been considerable for over a decade but have not yet achieved hoped-for results. The judiciary remains corrupt, inefficient, and mostly controlled by the ruling party CPP. Flagrant violations of human rights by state agents have been identified but prosecutions have been rare.

Arbitrary arrests are also practiced by the CPP government using a politically controlled court as a mean to strengthen its grip on power. Recently, the UN Working Group on Arbitrary Detention ruled that 'the detention of Sam Rainsy Party MP Cheam Channy is in violation of both Cambodian and international law' [http://www.fidh.org/article.php3?id_article=2970] .

Impunity

In numerous cases when violations reported are involving high-ranking generals and close friends to the ruling party, no actions are taken by the authorities to bring perpetrators to justice. In 2005, the Kbal Spean community lost 5 of its members after military forces entered their village to forcefully relocate them. Claims on the land was deposed to the court by a state representative.

Forced evictions

Human rights activists are increasingly worried that forced evictions in Cambodia are spiralling out of control. An Amnesty International report [http://www.amnesty.org/en/news-and-updates/report/cambodia-burns-homes-poor-20080211] shows how, contrary to Cambodia’s obligations under international human rights law, those affected by evictions have had no opportunity for genuine participation and consultation beforehand. Information on planned evictions and on resettlement packages has been incomplete and inaccurate, undermining the rights of those affected to information, and to participate in decisions which affect the exercise of their human rights, in particular the right to adequate housing. The lack of legal protection from forced eviction, and lack of regulation of existing standards has left an accountability gap which increases the vulnerability of marginalized people, particularly those living in poverty, to human rights abuses including forced evictions.

It seems that the major reason underlying these evictions is the selling of roughly half of the country's land area to foreign investors in a mere 18 months time in 2007-2008, using highly questionable practices [http://www.guardian.co.uk/world/2008/apr/26/cambodia]

Other

Other serious and persistent human rights problems include unresolved political murder, abuse of unionists and opposition politicians. Amongst several unresolved assassinations, the murder of union leader Chea Vichea received strong international coverage by major human rights and labour organizations, and the United Nations.

Land confiscations, arbitrary arrest and detention, torture, forced child labor, trafficking in women and children, discrimination and domestic violence against women, and abuse of children are also affecting Cambodians.

Current Issues

Current issues of particular concerns are the forcible repatriation of Vietnamese Montagnard asylum seekers by the Cambodian government and an alarming number of land issues throughout the country.

ee also

*Gay rights in Cambodia
*Politics of Cambodia

External links

International Organizations

* [http://web.amnesty.org/library/eng-khm/index Amnesty International: Cambodia]
* [http://www.hrw.org/doc?t=asia&c=cambod Human Rights Watch: Cambodia]
* [http://cambodia.ohchr.org/ Office of the High Commissioner for Human Rights in Cambodia]
* [http://www.ilo.org/public/english/region/asro/bangkok/index_cam.htm ILO Projects in Cambodia] - International Labour Organization
* [http://www.unifem-eseasia.org/projects.htm#CAMBODIA Projects & Activities] by UNIFEM
* [http://www.un.org/womenwatch/daw/cedaw/reports.htm#c Country Reports] on CEDAW
* [http://www.unicef.org/infobycountry/cambodia.html Country Info] from UNICEF
* [http://www.unicef.org/crc/index_understanding.html Understanding] the Convention on the Rights of the Child (CRC)
* [http://www.crin.org/reg/country.asp?ctryID=37&subregID=12 Latest Resources for Cambodia] from Child Rights Information Network (CRIN)

National Organizations

* [http://www.licadho.org/ LICADHO] - Cambodian League for the Promotion and Defense of Human Rights

Others

* [http://www.ifex.org/en/content/view/full/146/ Censorship in Cambodia] - IFEX
* [http://www.rfa.org/english/news/politics/cambodia_sonando/ Watchdog Group Urges Cambodia To Free Jailed Broadcaster] - Article from VOA
* [http://cambodia.ahrchk.net/ This site contains some documents relating to human rights situation in Cambodia produced by the AHRC as well as human rights news relating to Cambodia] ] .