REPORT OF THE SPECIAL REPRESENTATIVE OF THE SECRETARY GENERAL ON HUMAN RIGHTS IN CAMBODIA
Resolution on Human Rights for Cambodia
1. By a resolution, 1993/6, of the Commission on Human Rights, adopted without a vote on 19 February 1993 and endorsed by decision 1993/254 of the Economic and Social Council on 28 July 1993, the Secretary General was requested to appoint a Special Representative to:
(a) Maintain contact with the Government and people of Cambodia;
(b) Guide and coordinate the United Nations human rights presence in Cambodia;
(c) Assist the Government in the promotion and protection of human rights;
(d) Report to the General Assembly at its forty-eighth session and the Commission on Human Rights at its fiftieth session under the agenda item entitled "Advisory Services in the field of Human Rights".
The foregoing resolution itself appeared in the record of the Human Rights Commission under the title "Situation of Human Rights in Cambodia".
2. This report is made pursuant to para (d) of the foregoing resolution which called for a report by the Special Representative to the General Assembly at its forty-eighth session.
Background
3. As recited in the preamble to the foregoing decision of the Commission on Human Rights, the Agreements on a Comprehensive Political Settlement of the Cambodia Conflict signed in Paris by the four Cambodian parties October 23, 1991 recognised that:
"Cambodia's tragic recent past requires special measures to assure protection of human rights and the non-return to the policies and practices of the past."
4. Guided by this principle, the United Nations Transitional Authority in Cambodia (UNTAC) adopted a number of initiatives, of an innovative and far-reaching kind, to implement a human rights programme for Cambodia. The object of these initiatives was to lay the basis for the effective protection of human rights in Cambodia after the termination of UNTAC's responsibilities.
5. One of the innovative initiatives was the convening of a human rights conference in Phnom Penh, Cambodia between November 30, 1992 and December 2, 1992. The Special Representative of the Secretary General for Cambodia (Mr Yasushi Akashi), in his opening address to the conference, emphasised the importance of a comprehensive programme on human rights for Cambodia in the discharge of the United Nations' activities in that country:
"The entrusting of an operational and intrusive human rights mandate to the United Nations as an integral part of a peace agreement in order to facilitate national reconciliation and self-determination is a new development with broad ramifications. This is a new dimension for both United Nations peace keeping operations and its human rights activities."
6. In a statement by Mr Yashushi Akashi to the forty-ninth session of the Commission on Human Rights some of the problems and opportunities concerning the protection of human rights were outlined. It was emphasised that Cambodia needed assistance from the international community, from the United Nations and from international and regional human rights organisations to forward the process of re-establishing fundamental freedoms and human rights in Cambodia. It was for that reason that Mr Akashi proposed that a Special Rapporteur on Human Rights be appointed for Cambodia, as allowed for by Article 17 of the Paris Peace Agreements. He also proposed that the Centre for Human Rights should have a presence in Cambodia and should serve as an essential support body for the Special Rapporteur.
7. It was pursuant to that recommendation, and others to a like effect, that the resolution of the Commission on Human Rights 1993/6 was eventually adopted. Although, by the resolution, the position of a Special Representative, rather than a Special Rapporteur, was recommended, the mandate proposed was expressed in wide terms. Notable in this respect is the reference to the obligation of the Special Representative to maintain contact with the people of Cambodia as well as with the Government and the duty of the Special Representative to assist the Government not only in the promotion but also in the protection of human rights in that country.
Cooperation of Cambodia
As requested by the Commission on Human Rights, following the passage of the foregoing resolutions, the Assistant Secretary General for Human Rights (Mr Ibrahima Fall) wrote to the Royal Government of Cambodia informing it of the resolution adopted by the Human Rights Commission. By letter of November 6, 1993, the first Prime Minister, His Royal Highness Prince Norodom Ranariddh and the Second Prime Minister, His Excellency Mr Hun Sen, took note of the Commission resolution 1993/6 and confirmed the full support and cooperation of the Royal Government of Cambodia in facilitating the task of the Special Representative of the Secretary General and the Centre for Human Rights in fulfilment of their respective responsibilities.
Appointment of Special Representative
8. There was some delay in the appointment of the Special Representative consequent upon the foregoing discussions and the selection of a suitable person. On 26 November 1993 the Secretary General appointed me as his Special Representative for Cambodia on Human Rights. Copy of the announcement of the appointment with reference to the responsibilities, my background, the planned rôle of the Centre for Human Rights in Cambodia and the necessities of funding that rôle is annexure A to this report.
9. The Centre for Human Rights has established a Cambodian office in Phnom Penh since 1 October 1993. This office will provide, amongst other things, a local focus for the work which I am to perform.
Consultations and immediate programme
10. Of necessity, with an appointment made at a late stage in the forty-eight session of the General Assembly, it is not possible at this time to detail achievements or even a settled programme. However, as a measure of the urgency attached to the discharge of the responsibilities assigned to me, I made arrangements to consult with the Centre for Human Rights in Geneva on November 30, 1993. I there had discussions with officers of the Centre. A forward programme of activity on my part, and on the part of the Centre, was agreed.
11. It is intended that I will make my first visit to Cambodia, as Special Representative, in January 1994. It is possible that there will be two visits during that month but, at the least, I will spend more than a week in Cambodia taking the opportunity of consultations with representatives of the Royal Government of Cambodia, and representatives of non-governmental organisations and human rights groups there. I also propose to consult with representatives of the governments of neighbouring countries and with other countries having a major interest in Cambodia, eg the French Republic, the United States of America and Australia. Arrangements for such consultations have already been set in train. It is also my intention to have early discussions with other United Nations agencies having concerns relevant to human rights in Cambodia and of the Cambodian people. I further envisage that contact will be made with overseas representatives of Cambodian people, concerned with human rights issues.
Further report
In accordance with para (d) of the appointment I shall report to the Commission on Human Rights at its fiftieth session in February/March 1994, under the Agenda Item entitled "Advisory Services in the Field of Human Rights" on the visit(s) which I am planning to Cambodia in January 1994, and my consultations in and outside Cambodia relevant to the other items in the letter of appointment.
Sydney Australia
(Justice) Michael Kirby
8 December 1993
