The Cambodian Human Rights Action Committee, a coalition of 18 Local NGOs, is very pleased with an effort and many achievements made by the Royal Government of Cambodia . However, the Action Committee is still concerned about the problems and issues relating to the current human rights situation and judicial reform in Cambodia.

The most pressing issues and problems are as follows:

I. Political Violence and Commune Election.

The upcoming commune council election is an important step toward achieving the concept of genuine democratic country of Cambodia. However, the CHRAC observes that political killings, threats, intimidations, and harassments have increased and been increasing at a time when Cambodia is in the process of organizing the first commune Council Elections which will take place on February 3, 2002 following the policy of decentralization.

According to the reports of the CHRAC, from January to September 2001, there were 3 politically motivated killing cases and 82 cases of political threats and intimidations against political activists and candidates for the upcoming Commune Election.

The threats, Intimidations, and harassment like destroying the party's signboards, threatening the candidates to give party list of candidates and members, threatening the candidates not to stand for elections otherwise they will be killed, banning from raising signboards in their areas and not allow to join in the political party as the members etc. are going unrest.

The CHRAC is aware that if political violence continues, it will badly affect the process of democratic, free and fair for the upcoming elections. The people and party candidates will be feared of participating in the election activities especially during election campaigns.

We urge the Government to take immediate actions in order to prevent the political violence and guarantee the people's rights and freedoms, whereas the courts, armed

forces and competent authorities must maintain independence and neutrality in performing their duties and responsibilities in order to create a good environment as a key to achieve free and fair elections.

II. Judicial Reform

In order to build the rule of law, democracy and promote the human rights in Cambodia, the Judicial system must be effectively strengthened with a good smooth. At the meantime, we are still concerned about the independence of the Judiciary.

Although the Supreme Council of Magistracy (SCM) exists in the country, but this institution has not effectively carried out its role of ensuring the independence. To make sure for SCM functioning:

1) It should receive an autonomous budget and have its own secretariat, which is independence from the Ministry of Justice.

2) The members of SCM must be non-partisan and should not be from the legislative or executive branch.

3) The additional members should also include representatives from the Cambodian Bar Association and the Academic institutions.

4) The three elected members of SCM must work full time. Moreover, SCM law should be amended and the law on the Statute of Magistracy should be drafted clearly defining the role of judges and prosecutors.

5) A code of conduct and ethics of judges and prosecutors should be drafted and adopted.

To follow the principles of the rule of law, many lawyers should be available to defend the accused, but in the Present time especially in the remote Provinces are shortage of lawyers, so the Cambodian Bar Association should increase the number of lawyers who can practice law by opening the school to train new law graduates or accept experience law graduates who are working in the public or private sectors. The Royal Government and the donor communities should also push and provide support to strengthen this institution to build the capacity of lawyers.

III. Corruption

The CHRAC are seriously concerned about the corruption inside the courts in the whole country because many cases intervened and taken legal actions either by local authorities or human rights NGOs are ended at the court, some cases were dropped without trial, and some others are ended up with the compromise made by the courts themselves especially the criminal cases. The perpetrators buy justice from the courts whereas the police and courts try to settle the cases between the victims and the perpetrators especially the criminal cases so that they can get the sharing compensation.

In regard to the corruption issue, we are concerned over the following 4 factors:

1. Anti-Corruption Law and including the Establishing of the Independence National Anti-Corruption Commission,
2. Corruption occurs in the Communal Council Election,
3. Corruption occurs in the Judiciary,
4. Corruption occurs in the Ministry Education

On the above mentioned, it is violating the Economic, Social and Cultural Rights in Cambodia and will badly effect the promotion of ESC rights in the future. According to the commitment made by Prime Minister Hun Sen on 11-13 June 2001 in the Consultative Group Donors meeting in Tokyo, he promised to combat Corruptions by reforming the main factors as: 1-Judiciary, 2-Public Administration, 3-Corruption etc.

CHRAC hopes that there will be a better reform towards the real rule of law.

VI. Prison Situation

The prison population in Cambodia has steadily grown over the years.22 prisoners were death because of overcrowding in most Cambodian Prisons. Prisoners' physical well being is jeopardized by overcrowding, maltreatment, lack of sufficient food and water, poor personal hygiene and sanitation, and lack of exercise and fresh air. Some Prisons continue to use shackles. Most Cambodian prisons do not separate the pre-trial detainees from the convicted criminals, or minors from adults. Often women prisoners are detained in close proximity to male prisoners. 226 of excessive pre-trial detainees remains a serious problem for both adults and minors.

V. Impunity.

The culture of impunity that persists in Cambodia remains one of the Country's most pressing concerns. Members of the military, police and other governmental agencies continue to commit serious abuses, including murder, with little chance of being prosecuted and punished. The primary obstacles to overcoming impunity include: a lack of political will among the Country's leadership, major failings in the Judicial system including corruption; the government 's failure to exert control over firearms and the use of force.

A total of 436 serious human rights cases, from January to September 2001, were referred to the Action Committee for further action and investigation. Among those cases, 33 cases of killing, 15 cases of rape, 1 case of rape and killed, 3 cases of women trafficking, 3 cases of torture caused 2 of them death. Besides these there were land dispute, injuries, physical assault and threat cases. Most cases involving the influential perpetrators and powerful persons were unresolved. The perpetrators were still outside the law.

VI. The rights to protection of Human rights workers.

The work of human rights NGOs is an important contribution to the challenge of establishing lasting and meaningful peace and development for Cambodia. Sadly, in recent month, human rights NGOs have been unfairly accused in the media of protecting robbers, harboring terrorists and interfering with the government investigations.

CHRAC urges the government that the legitimate and valuable work of Cambodian Civil society, in particular human rights NGOs, should be allowed to continue unhindered and without the fear of insecurity for its workers.

CHRAC dose hope that the Civil Society and the Government will become the partnership in building Cambodia to become the rule of law and promote the human rights.

VII. Land issue

Land confiscation is the complicated issue that requires an urgent resolution with transparency. According to the CHRAC report, most cases were happened in the remote areas, which badly affect the Government policy on poverty reduction and development.

In 9 moths of 2001, CHRAC investigated 127 cases of land dispute or land cases. After reception of complaints, CHRAC proceeded to investigation, find out reliable evidence related to the case and did analysis for intervention step. Most cases were sent to the Provincial Land Dispute Settlement Commission for immediate and fair action. If nothing is doing, CHRAC approached the receivers of complaints to accelerate the process of the intervention.

After investigation, CHRAC always filed cases to Provincial Land dispute Settlement Commission, Provincial Governors, and Provincial courts for action. As a result of the filing, We received four kinds of responses as below:

1. Conflict parties agreed to finish the case. There were 30 cases or 24%, which were mediated by the Provincial Land dispute Settlement Commission; some were finished by compensation, or conflicted parties agreed to finish the case by selling the land.

2. No solution was found nor action taken by the Provincial land dispute Settlement Commission: There were 9 Cases or 7%. The reason was that the Interior Ministry or Local authorities did not dare to take action because the case implicated the powerful and influential persons in the government.

3. The Land dispute Settlement Commission investigators invited the parties involved to talk together in an attempt to find a just solution to the conflict; but it was in vain because the most concerned parties (defendants) did not collaborate in the process of finding solution. 51 cases (40%) out of 127 that have been handled by the Commission, but no solution was found.

4. 37 cases (29%) out of 127 were unresolved due to 3 different factors as follows:

4.1. The Provincial Land dispute Settlement Commission dropped the investigation in the first step because the budget was running out;

4.2. The Provincial land dispute Settlement Commission did not follow up the case because its members had no commitment, nor willingness to continue the investigation for fear that it could lead to the loss of their benefits;

4.3. Currently, there are noticeable irregularities found in the duty performance of the members of the Provincial Commission. This means that the members of the Commission are a dispute party against the people.

VIII. Trafficking of women and children.

Considering that trafficking of women and children is one of the highest priorities that the government has to immediately cope with. The CHRAC would like to provide some recommendations in order to prevent or towards entire elimination of the above acts:

- Conduct a public dissemination on the tricks used by the rotten individuals in relation to the acts of rapes.

- Conduct a public dissemination on the methods to protect the evidentiary items in regard to the case of rapes, for example, taking the baby to see the doctor for autopsy etc.

- Pay more intensified attention to the children victims and avoid blaming.

- Conduct dissemination on the punishment, which might be imposed upon the persons committing rape of women and children.

- A judiciary system to take care of children cases should be in existence.

- The Supreme Council of Magistracy should be in operation.

- The government should develop laws, particularly the Ministry of Interior.

- Legal assistance should additionally be available for women and children victims, for instance, the lawyers, etc.

Conclusion:

CHRAC acknowledges that the current situation of human rights in Cambodia is still critical both the legal procedure and mechanism to resolve the dispute and the implementation of the law, whereas the Judicial system is very complicated, which requires urgent reform or else building the rule of law and democracy in the spirits of the Constitution and the government policy will not be positively achieved.

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