CONTINUED PROGRESS
This is my last report as Special Representative of the Secretary-General for Human Rights in Cambodia. Appointment to the supreme court of my country, Australia, has obliged me to offer my resignation. It will take effect from 1 May 1996. My successor will be Mr Thomas Hammarberg of Sweden. This report draws upon contact with Cambodia virtually every day since I took up my office in November 1993. But it deals especially with my seventh mission to Cambodia for ten days in January 1996.
As in the past, I can record progress in a number of areas of relevant to human rights. They deserve acknowledgment and praise.
2. Education: There has also been an increase in the budget for education. Most importantly, the teaching of human rights in schools and colleges has continued to gather pace;
3. Culture: The law on cultural property, drawn up with international assistance, has come into force to help protect the priceless cultural heritage of Cambodia, including in the Angkor temples;
4. Women's Rights: For the first time, a woman has been appointed to Ministerial responsibility for women's affairs. A very active Committee on the Convention for the Elimination of Discrimination Against Women has cooperated with NGOs in the preparation of the report on Cambodia's compliance with that Convention. A major focus of my seventh mission was upon human rights as they affect Cambodia's women. As a consequence of war, they constitute a significant majority of the present population. Although they suffer many disadvantages, they are increasingly participating in NGOs to demand equal rights, including in the political system itself;
5. Media: Cambodia continues to enjoy a higher level of press freedom than exists in many countries of its region. During the year past journalists have not been imprisoned, although cases are currently before the courts which present that danger;
6. Environment: Cambodia has adhered to the Convention on Biological Diversity. It is planning enactment of a law on Environmental Protection and Natural Resource Management. The Government has facilitated a World Bank / FAO / UNDP review of its forest resources. A National Environment Steering Committee has been established. It will need to be vigilant because of the very vulnerable position of Cambodia's forests and water eco-systems;
7. Assurances: The relevant Cambodian Ministers continued to give me assurances of compliance with human rights requirements. These have extended to areas as diverse as the investigation of contracts alleged to have been forced upon indigenous people living in remote areas of Cambodia and an assurance that, in coming elections, registered Opposition parties will have fair and equal access to the Government owned electronic media. Where requests have been made by me for investigation of reports of abuses of human rights, appropriate assurances are usually given. Many reported abuses (but not all) have been followed up;
8. Civil Society: The Cambodian economy continues to grow. The growth of a civil society is illustrated by the countless human rights NGOs in Phnom Penh and in some country districts. During my mission in January, I met many such NGOs concerned with the environment, women's rights and rights to democratic governance. They are impressive. They are courageous. They spread the practical lessons of human rights to the homes and villages of Cambodia. There they provide an alternative model for society to the autocratic way of the past;
9. The King: His Majesty King Sihanouk continues to be a voice for moderation and for the defence of human rights. He is constitutional guardian of human rights. He has never hesitated to lend his royal support to the work of the UN Centre in Cambodia, to human rights NGOs and individuals at risk. In recent times, he has spoken up for the rights of prisoners, of ethnic minorities, and of press freedom. He is a most eloquent advocate of the need to build a modern, diverse, tolerant society in place of the extremism and intolerance of the recent past; and
10. The U.N Centre: Over and above the particular issues of human rights, the work of the office of the Centre for Human Rights in Phnom Penh and the many other UN agencies in the field in Cambodia, bring great credit on the United Nations and tangible assistance to the people of Cambodia. During his recent mission to Cambodia in March, the High Commissioner for Human Rights signed a Memorandum of Understanding with the Government of Cambodia to enhance cooperation and assistance, including to the Human Rights Commission of the National Assembly. With support from the Centre, members of the Cambodian administration have come to Geneva to watch this Commission in action.
PROBLEM AREAS
Amongst the problem areas called to notice in my report are the following:
2. Access to Media: Similarly, true freedom of expression requires that Opposition viewpoints should have access to the media, including the electronic media controlled by the Government, Government political parties and other Government organs. At the moment such access is effectively denied to Opposition opinion, especially in radio and television. There cannot be free and fair choice in elections without such access. Without it, elections become a charade. Control of the airwaves by Government and Government Parties presents a risk, unless firmly controlled, of a return to autocracy. Clear law must uphold, and not only at election time, the right to the expression of critical political views. It is essential that, without delay, an electoral law should be enacted conforming fully to the United Nations standards for the conduct of free and fair elections;
3. National Assembly: The expulsion from the National Assembly of elected members contrary to my advice, and the derogation from their rights is a matter of grave concern. Building a Parliamentary democracy requires vigilance for the privileges of elected Parliamentarians. I welcome the consideration of this issue by the Inter-Parliamentary Union. Although for the time being rebuffed by the Cambodian Government, I hope that a wise dialogue with this respected international body will be resumed and that its advice will be heeded;
4. Women's Rights: My report contains many examples of the disadvantages which women suffer in Cambodia. There is a need for effective protection against physical, sexual and other violence. There should be more women in public life and in government positions;
5. Indigenous Peoples: My report also contains details of the alleged departures from the proper protection and respect for the rights of indigenous peoples as they come into contact with challenges to their environment and time-honoured ways of life. Cambodia must learn from other countries, including my own, concerning the need to involve and consult the indigenous communities in the decisions that will affect their habitat, culture and interests;
6. Environment: The natural environment of Cambodia is particularly vulnerable, as the King has repeatedly pointed out. Legal protections at the moment are weak. Effective environmental impact assessments must be provided by law and rigorously enforced. It is not too late for Cambodia to defend its eco-system. But its forests and rivers need to be defended against those who would destroy the environment for very short-term returns;
7. Judiciary: The mainstay of the rule of law in any country is an independent judiciary. But the problem of under-paid judges, exposed to the temptations of corruption, remains deeply embedded in current judicial salaries which are only about $US20 per month. I have raised this problem with the World Bank. If effective protections for human rights are to be provided, special arrangements must be made to put the judiciary of Cambodia beyond temptation, or the appearance of temptation. Once again I strongly recommend the appointment of the members of the Supreme Council of Magistracy and of the Constitutional Council envisaged by the Constitution. Those who challenge the constitutionality of present laws have no effective legal redress. This must be provided, without further delay, to assure that the rule of law is upheld where it matters most;
8. Prisons: The prison system remains in need of urgent attention. In particular, the conditions of the T5 prison near Kampong Cham reveal extremely serious conditions of tuberculosis, scabies and malnutrition amongst prisoners. From their dark prison cells in far-away Cambodia, the prisoners look to the international community to alleviate their shocking conditions;
9. Deportations: In recent days I have received serious reports of the expulsion of three ethnic Vietnamese Cambodians to Viet Nam although two at least appear to have been Cambodian nationals, all three are subject to punishment in Viet Nam for their political views and due process does not appear to have been observed in Cambodia. The case illustrates, once again, the urgent need for Immigration and Nationality laws conforming to international law and to the Cambodian Constitution.
10. Cooperation: I welcome most warmly the reports of cooperation evident during the March 1996 visit of the High Commissioner for Human Rights. I emphasise that during my service, at virtually every level of government, I have received attentive consideration of my proposals and suggestions. Most of my recommendations outside the fields close to political rights, appear to have received at least some attention. But honesty requires me to say that, during the last year of my service, the co-Prime Ministers were unavailable to see me. This was despite an assurance, publicly given in 1995, that the Government of Cambodia would continue to welcome my visits. The provision of advice and assistance to the Government in the promotion and protection of human rights requires dialogue, including at the highest level. Refusal of dialogue because occasionally the advice is unwelcome, is not an appropriate or effective way of clarifying differing perspectives and isolating areas in which cooperation can be fruitful. I depart my office as Special Representative with a sense of disappointment that such difficulties arose. I express the hope that they will not trouble my distinguished successor.
He will find in Cambodia, as I have, important elements of progress but continuing areas of worrying difficulty. This is unsurprising. The cause of human rights requires sensitivity, respect for the dignity of a proud people, understanding of their past sufferings and appreciation of their enormous economic and social difficulties. But it also requires honesty and courage, to tell the truth and to offer the hand of friendship, respectful advice and generous technical assistance, where needed.
My service as Special Representative of the Secretary-General in Cambodia will always be one of the greatest professional privileges of my life. It is a privilege which I will always carry in my mind and in my heart. I pay my respects to this Commission, which has listened with patience to my successive reports. To the High Commissioner, the Assistant Secretary-General and the officers of the Centre for Human Rights in Geneva and Phnom Penh who have given me unfailing help and highly professional assistance for the discharge of my duties. To His Majesty the King of Cambodia who has proved a stalwart friend to the cause of human rights. To the Government of Cambodia, whose difficulties I have never under-estimated. To the human rights groups and people of Cambodia. For most of them, the name of the United Nations is precious. Its mission is noble. By serving the United Nations and the Secretary-General, I have been privileged to serve a noble cause.
