The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGO members, welcomes this week's first meeting for 2006 of the Government-Donor Coordination Committee as a key opportunity to reflect upon the progress made in 2005 to achieve the benchmarks set by the Royal Government of Cambodia and Consultative Group and also to set out the indicators to measure progress for 2006.

CHRAC notes that the Royal Government of Cambodia has made some efforts in 2005 to progress its Strategy for Legal and Judicial Reform with the further development and launch mid-year of its Action Plan. However, we observe that the eight fundamental laws, identified in the CG benchmarks for December 2004 as essential to strengthening the rule of law, have not been passed.

CHRAC stresses the importance of reforming a number of key institutions, particularly the Supreme Council of the Magistracy (SCM). The SCM must become a truly independent body, and until this happens there is no possibility of real judicial reform. CHRAC suggests that the eight members of the SCM should be composed of four judicial members and four non-judicial members. The President and General Prosecutor of the Supreme Court should remain as stipulated in the Constitution. Specifically, we recommend that one member is elected from among the judges and one from among the prosecutors. Two academics and two lawyers should be selected and approved by the National Assembly. All candidates for appointment to the SCM should meet certain criteria including, hold legal qualifications and have experience in investigation and analysis of complex political, judicial, military or criminal activities. All SCM members must not belong to political parties and must break all their political affiliations. This overhaul of the SCM is necessary to break down the political influences that have taken hold of the judiciary. In addition, there should be clear procedures for receiving and resolving complaints stated in the Law on Amendment of the SCM. The SCM should have a Secretariat with an autonomous budget in order to ensure independence of the judiciary.

CHRAC emphasizes that to effectively fight corruption there needs to be two elements: the establishment of an independent Anti-Corruption Commission (ACC) that meets international standards and has real power to thoroughly investigate and bring complaints against the offenders of corruption, and the genuine political will to reduce all forms of corruption in Cambodia. CHRAC acknowledges the initiatives and actions taken to progress anti-corruption legislation to the forefront of discussion and debate. However, we recognize that more work must be done to ensure international standards before the finalization and enactment of the Anti-Corruption law. Provisions relating to transparency of the financial management of political parties and the declaration of assets must be strengthened. Also the ACC should have the power to suspend or remove
suspects from office when they are under investigation or found guilty of corruption. Furthermore, freedom of information law to facilitate access to information held by public authorities will help to fight corruption and promote government accountability and transparency. It is also significant that the Anti-Corruption Law has clear provisions that protect witnesses and informers about corruption.

CHRAC notes that land disputes resulting in human rights violations continue to be a major problem and that one of their main causes relates to the granting of large and unregulated land economic concessions to the private sector. CHRAC acknowledges that the government should stop granting economic concessions covering large areas of land. Previous contracts of land and mining concessions should be disclosed to the public so that those adversely affected by the concessions can know about conditions set by the government for the company preventing their rights and interests. Where larger land economic concessions do exist, immediate steps should be taken to reduce them to the legal maximum, if not completely void them. Furthermore, the social concessions should start as soon as possible so that many landless people can live and earn their living. Therefore, we further emphasize that a stronger commitment at the national level and more effective resolution mechanisms are required to tackle the widespread and serious problem of landlessness and land rights violations.

Freedoms of expression and press are constitutionally guaranteed and are fundamental human rights. However, these rights continue to be threatened through the use of the criminal defamation law and arbitrary denials of requests to peacefully demonstrate and protest on a number of vital and legitimate issues. CHRAC strongly urges support for civil society, individuals and organizations so that the rights to free speech and expression are fully respected and upheld.

For more information, please contact:
▪ Mr. Mr. Thun Saray, Chairperson of CHRAC, President of ADHOC Tel: 016 880 509
▪ Mr. Sok Sam Oeun, Executive Director of CDP Tel: 012 901 199
▪ Dr. Kek Galabru, President of LICADHO Tel: 012 802 506
▪ Ms. Nay Dina, Executive Director of KID Tel: 011 924 286
▪ Mr. Chiv Youmeng, President of KYA Tel: 012 772 271
▪ Mr. Ouk Vandeth, Executive Director of LAC Tel: 012 859 691

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