{"id":10,"date":"2009-09-07T14:04:04","date_gmt":"2009-09-07T05:04:04","guid":{"rendered":"http:\/\/test.hrn.or.jp\/?p=10"},"modified":"2023-10-25T09:41:55","modified_gmt":"2023-10-25T00:41:55","slug":"cambodia-effective-measures-request","status":"publish","type":"post","link":"https:\/\/hrn.or.jp\/eng\/news\/2009\/09\/07\/cambodia-effective-measures-request\/","title":{"rendered":"Request for effective measures for the extension of the mandate of Mr. Surya Prasad Subedi, the Special Rapporteur of the UN Human Rights Council for Human Rights in Cambodia."},"content":{"rendered":"

7 September 2009<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\n

Dear Minister for Foreign Affairs Hirofumi Nakasone,<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

The intent of the statement
\nWe
\nrequest the Japanese government to take every effective measure for the
\nextension of the mandate of Mr. Surya Prasad Subedi, the Special
\nRapporteur of the UN Human Rights Council for Human Rights in Cambodia.<\/span><\/p>\n

The background and reasons for the request<\/span><\/p>\n

1. The Special Rapporteur system and current status<\/p>\n

Cambodia has committed
\nserious violations of human rights including the massacres of the
\n1970’s. Since UN Human Rights Council was the UN Commission on Human
\nRights, the United Nations has been monitoring human rights in Cambodia, using Special Rapporteurs to protect and promote human rights. The Japanese government has worked on peace building in Cambodia and continues to strongly support UN efforts. <\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Mr,
\nYash Ghai, the Special Rapporteur from 2005 to 2008, took various
\napproaches, including active criticism of the Cambodian government’s
\nviolation of human rights. However, the relationship between the
\nCambodian government and Mr. Ghai was aggravated by some of his
\naggressive approaches. Last year, Surya Prasad Subedi was elected to be
\nthe new Special Rapporteur to engage in a constructive manner for one
\nyear1.<\/p>\n

The UN Human Rights Council will decide whether to extend
\nhis mandate at its twelfth session in September. However, the extension
\nof his mandate cannot be expected.<\/p>\n

Human Rights Now, an international human rights NGO based in Tokyo, has monitored the human rights situation in Cambodia, and considers his assignment of continuing importance and recommends that it should be extended for reasons outlined below.<\/p>\n

2. Serious concern for the human rights situation in Cambodia<\/p>\n

Since
\nthe Paris Agreement, Cambodian politics and economics have been
\nrelatively stable. However, Cambodians face other disturbing violations
\nof human rights, such as the suppression of human rights activists’
\nfreedom of expression, and attacks on them, some of which have resulted
\nin death.<\/p>\n

As the economic gap widens, human rights violations
\nagainst the poor, including forced evictions and human trafficking, are
\nrapidly increasing.<\/p>\n

In 2006, with the Japanese government’s
\nsupport, “Extraordinary Chambers in the Courts of Cambodia” was created
\nto try cases of human rights abuse in Cambodia
\nunder the Khmer Rouge. However, Khieu Samphan and Nuon Chea, who seemed
\nto bear most of the responsibility for the human rights abuses, have
\nnot yet been charged.<\/p>\n

The special court is currently entering
\ncrucial stages to carry out fair punishments for past human rights
\nabuses and to prevent recurrence of further human rights abuses.<\/p>\n

Cambodian
\nPrime Minister Hun Sen has made negative remarks concerning additional
\nprosecutions in the special court, which remains at risk for political
\ninfluence.<\/p>\n

3. Violation of freedom of expression, democracy, and judicial independence<\/p>\n

(1)
\nIn recent years, criminal defamation cases which government officials
\nfile concerning political voices and actions of politicians, human
\nrights activists, journalists, and other government critics, have been
\nincreasing. Government officials have also sued many Diet members for
\ndefamation.
\nFive prominent human rights activists were arrested on
\ncharges of defamation with their banner displayed at a rally to mark
\nHuman Rights Day in December, 2005. The arrest led to international
\ncriticism because of the obvious suppression of free speech.
\n(2) This year, freedoms of speech and expression have been more seriously compromised.
\nMu
\nSochua, the opposition Sam Rainsy Party (SRP)’s member of the Cambodian
\nparliament, sued Prime Minister Hun Sen for defamation2. Hun Sen was
\naccused of insulting Mu Sochua’s honor in a speech he made during a
\nvisit to her district Kampot on April 4th.<\/p>\n

Hun Sen countersued
\nMu Sochua for defamation, accusing her of insulting his honor with the
\ncomplaint. On June 6th, the Phnom Penh Municipal Court dismissed her
\nlawsuit against Hun Sen, claiming that no defamation occurred, while
\nHun Sen’s counter-suit which his lawyer Ky Tech filed against her
\nproceeded. On June 22th, 2009, the National Assembly stripped Mu Sochua
\nof her parliamentary immunity.
\nThe Phnom Penh Municipal Court ruled that Mu Sochua was guilty of defaming Hun Sen and ordered her to pay a fine of US$4,1003.<\/p>\n

Since
\nthe lawsuit against Mu Sochua, ruling party officials have filed
\nlawsuits against SRP’s party leader Sam Rainsy, SRP member Ho Vann; and
\na journalist of a SRP-affiliated newspaper Heng Chakra. SRP member
\nCheam Channy was convicted in a trial in 2005, after his parliamentary
\nimmunity was revoked. Ruling-party officials’ accusations and
\nprosecution for defamation against opposition members weaken free
\ndiscussions about public matters. They also threaten all citizens’
\nfreedom of expression and democracy.<\/p>\n

(3) The Cambodian
\ngovernment and its officials should respond to criticism and commentary
\nfrom society. They should not suppress and intimidate criticism with
\ncriminal punishment. The guarantee of free speech and political
\nbehavior is the main premise of democracy. Investigation and criminal
\nprosecution of Diet members and citizens having different views from
\nthe government for defaming ruling-party and administration officials
\nas individuals do not make sense.<\/p>\n

It is unfair that legal
\njudgment on Prime Minister Hun Sen was the complete opposite of the
\njudgment on Mu Chua, even though both which were defamation lawsuits.
\nIt became clear that the courts are still not independent in
\nimplementing judicial procedures.<\/p>\n

4. Conclusion
\nAs stated above, the worsening human rights situation in Cambodia
\ndemonstrates the need for the UN’s active role in its improvement.
\nTermination of the Special Rapporteur’s assignment at this particular
\ntime will give the wrong message to the Cambodian government, and will
\nmake the situation worse.
\nThe UN special procedures should be
\ncontinued in order not to undermine the efforts exerted by UN,
\ngovernments, and donors for improvement of Cambodian human rights
\nsituation. The one-year term is too short for Surya Prasad Subedi to
\ncreate results with a “constructive” way in his assignment<\/p>\n

UN
\nspecial procedures in Cambodia were undertaken with agreement of the
\nCambodian government, so the intentions and understanding from the
\ngovernment are strongly needed. Japan has worked for reconstruction and improvement of human rights and democracy in Cambodia,
\nand established friendly relations. Human Rights Now asks the Japanese
\ngovernment to take the initiative and call on the UN Human Rights
\nCouncil to renew the mandate of the Special Rapporteur in its twelfth
\nsession.<\/p>\n

The Special Rapporteur’s mandate should be extended to
\nprovide time for him to better acquaint himself with the human rights
\nsituation in Cambodia and present recommendations to improve the situation.<\/p>\n","protected":false},"excerpt":{"rendered":"

7 September 2009 Dear Minister for Foreign Affairs Hirofumi Nakasone, The intent of the statement We request the Japanese government to take every effective measure for the extension of the mandate of Mr. Surya Prasad Subedi, the Special Rapporteur of the UN Human Rights Council for Human Rights in Cambodia. The background and reasons for the request 1. The Special Rapporteur system and current status Cambodia has committed serious violations of human rights including the massacres of the 1970’s. Since UN Human Rights Council was the UN Commission on Human Rights, the United Nations has been monitoring human rights in Cambodia, using Special Rapporteurs to protect and promote human rights. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[13],"tags":[157,16,129,5],"countries":[253],"class_list":["post-10","post","type-post","status-publish","format-standard","hentry","category-statement","tag-accountability-for-gross-human-rights-violations","tag-international-transitional-justice","tag-strengthen-human-rights-mechanism","tag-united-nations","countries-cambodia"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/10","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/comments?post=10"}],"version-history":[{"count":3,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/10\/revisions"}],"predecessor-version":[{"id":1095,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/10\/revisions\/1095"}],"wp:attachment":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/media?parent=10"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/categories?post=10"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/tags?post=10"},{"taxonomy":"countries","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/countries?post=10"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}