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Saturday, February 26, 2011

Criticism is not a crime, UN tells Cambodia

AFP

PHNOM PENH — The UN special rapporteur for human rights in Cambodia on Thursday voiced disquiet about a crackdown on freedom of expression in the country and the growing problem of land rights violations.

"I am concerned about the narrowing of space for the people to express their views peacefully and without fear, including those belongings to different political parties," Surya Subedi said at the end of his fourth 10-day fact-finding mission to the country.

The Cambodian government has come under fire from rights groups in recent years for launching a number of defamation and disinformation lawsuits against critics and opposition members.

A controversial new penal code launched in December introduced a string of laws that could see a person jailed or fined for expressing dissenting views.

"Peaceful expression of opinion should not be dealt with under the penal code," Surya said during a press conference in the capital, adding that it was one of the main issues he had discussed with Prime Minister Hun Sen.

"Those holding public positions should be willing to accept criticism for their decisions. Criticism is not a crime but an exercise of freedom of conscience, an act of intelligence," he said.

The UN representative also urged the government to apply the land law properly, saying he was "deeply concerned about plight of the people who are facing the threat of eviction or have been evicted from their land."

He said he had visited several disputed sites, including a lake area in Phnom Penh where thousands of people have been forcibly evicted to make way for a private development project.

Land disputes are a major problem in Cambodia. In 2009 alone, at least 26 cases of mass evictions displaced approximately 27,000 people across the country, according to a UN report issued last year.

During his last visit to the kingdom in June, Surya suggested a host of reforms to improve Cambodia's judicial system, which he said lacked independence.

He told reporters the progress in that area "hasn't been as speedy as it should have been".

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UN Rights Envoy Sees Mixed Results After Visit to Cambodia


Friday, 25 February 2011
Robert Carmichael, VOA Phnom Penh

The United Nations Special Rapporteur for human rights wrapped up his fourth visit to Cambodia on Thursday saying significant issues remained unresolved.

Surya Subedi said his fourth visit to Cambodia had produced a mixed bag of results, with limited government cooperation on measures for judicial reform that he had recommended after his last trip here in June.


On Thursday Subedi highlighted freedom of expression and land rights as key ongoing issues.

Phnom Penh has for several years pursued its perceived critics through the courts, with some people jailed or forced overseas to avoid prison sentences handed down by a compliant judiciary.

Subedi said there were still significant problems with freedom of expression, and spoke of his concerns that the space to express criticism was narrowing.

He said the peaceful expression of opinion should not be dealt with under the criminal code.

“Those holding public positions should be willing to accept criticism for their decisions. Criticism is not a crime, but an exercise of freedom of conscience, and an act of intelligence,” said Subedi.

Subedi was in Cambodia on a 10-day visit to assess how effectively parliament upholds human rights. He will report on that aspect later this year.

During his stay he met senior government officials, including Prime Minister Hun Sen.

The UN special rapporteur for human rights also spoke with donors, representatives from civil society, members of the political opposition and ordinary Cambodians.

On the subject of land rights, Subedi said the government needed to ensure improvements were made.

Tens of thousands of mainly poor Cambodians have been thrown off their land in recent years as the rich and powerful have exploited their position to grab the increasingly valuable resource.

Subedi did praise an ongoing effort by the government to improve the framework around which land is dealt with, but said the problem in Cambodia was typically not a lack of laws.

“The challenge in Cambodia as far as I’m concerned is more a matter of the implementation of the existing laws than not having some laws in place in the first place,” he added.

After Subedi completed his third visit in June, he drafted a series of recommendations to reform the judiciary. He had found that it faced what he called “tremendous challenges” in delivering justice for ordinary Cambodians.

He said Thursday that he was encouraged by the government’s acknowledgment of problems with the judiciary, and its agreement that those needed to be addressed.

But Subedi implied Phnom Penh had largely failed to do much to improve the judicial system, telling the media he would have preferred better cooperation from the government in implementing his recommendations.

Government spokesman Phay Siphan told VOA that Phnom Penh acknowledged the judiciary was inadequate, but said improvements took time.

Among the changes already underway, Phay Siphan said, are moves to improve the skills of existing prosecutors and efforts to boost training for new judicial staff.

Subedi is scheduled to leave Cambodia on Friday.

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