CAMBODIA: The statement by Prof. Yash Ghai to the 9th Session of the Human Rights Council

Dear Friends,

We are forwarding the transcript of the statement of Professor Yash Ghai, the Special Representative of the UN Secretary General for Human Rights in Cambodia presented to the 9th session of the Human Rights Council.

Asian Human Rights Commission
Hong Kong

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FOR IMMEDIATE RELEASE
AHRC-FST-062-2008
September 23, 2008

CAMBODIA: The statement by Prof. Yash Ghai to the 9th Session of the Human Rights Council

Mr. President I am sorry that I cannot be with the council to make my statement in person due to frequent changes in the date of my presentation. I am told that my presentation must not extend beyond six minutes. I had intended to visit Cambodia to review the human rights situation and to consult with the government and civil society organizations on the future of the mandate. Unfortunately it proved difficult to get a visa in good time. The rules for the grant of visa were tightened after my last visit, and I had to cancel the visit. However with the help of the Cambodian office of the High Commissioner of Human Rights and reports of national and international NGOs I was able to apprise myself of the current situation in Cambodia.

As I feared and as I had warned in my last report to the council there were serious deficiencies in the general elections in July this year, both in the electoral rules and the administration of the election. I have asked the government and the election commission to remove the deficiencies in the law, as have many organizations including Cambodian political parties. The irregularities that resulted from the disregard of these recommendations have raises serious doubt on the legitimacy of the election and the reality of democracy in Cambodia. Little Improvement has been made in other areas where human rights continue to be violated. Allegations of future irregularities in the government management of the extraordinary chambers of the Cambodian continues and undermines the good work of the prosecutors and judges. Reviewing the end part of my report advice and recommendations over the past three years and that of my predecessor it is hard to see any changes for the better. I have had to repeat many of the recommendations that the first Special Representative made in his first report, as the government showed little disposition to take any positive action.

This state of affairs may raise a question as to whether there is any point in extension of the mandate. The mandate provides an important accountability mechanism, both internationally and domestically and serves as a source of objective information about and analysis of the human rights in Cambodia. The strength of the current mandate is in its ability to analyze an evolution of the human rights in Cambodia, progress and setbacks and identifying ways to address deficiencies and opportunities for the international community to offer its cooperation and support. All my predecessors and I were able to establish good and constructive relations with civil society organizations and I believe the office has the potential to assist and encourage these organizations in the future. As illustrated in my report, Cambodia is still facing serious human rights challenges and it is important to recognize that the limited gains and progress made so far are still irreversible due to deep-seated systematic deficiencies in the judiciary and other key institutions charged with upholding the rule of law and protecting the rights of individuals. A mandate aimed at building and safe-guarding a society based on the respect for human rights and fundamental freedom needs to remain a crucial part of the United Nations continued commitment to the reconstruction and development in Cambodia.

If the UN Council on human rights decided to exact the mandate of the Special Representative as I would urge it to do, it will be very important that my successor should have the full support of the council, the UN family and the international community. I cannot say that I had a great deal of such support, and this merely encouraged Cambodia’s Prime Minister, Mr. Hun Sen constantly to insult me. He called me deranged, short-tempered, lazy, while the government spokesperson Mr. Khiu Keinereith called me uncivilized and lacking Aryan culture. Mr Hun Sen also accused me of telling lies in accepting my appointment merely to get a salary. He described the international human rights organizations and myself as acting like animals. He degraded my country, Kenya, saying it was becoming a killing field and Mr. Khiu Keinereith said the Kenyans are rude and servants. The Office of the High Commissioner for Human Rights Geneva did not come to my defense and as it also declined to issue a statement explaining that I received no salary I was forced to do so in my own name. As you Mr. President no doubt know I have tended my resignation from the position of Special Representative to the Secretary General. I offer my sincere thanks to the hardworking staff of the office of the High Commissioner in Cambodia for their assistance and support over the last few years. I should like to record my warm appreciation of the assistance of those organizations within and outside Cambodia with which I was able to work, and my admiration for the many Cambodian individuals who have fought for human rights under extremely difficult and sometimes dangerous circumstances.

Thank you very much.

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Document Type : Forwarded Statement
Document ID : AHRC-FST-062-2008
Countries : Cambodia,