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Experts of the Committee on Enforced Disappearances Commend Cambodia’s International Cooperation on Fighting Crime, Ask about Plans to Adopt Legislation on Enforced Disappearance and Measures to Prevent Corruption in the Judiciary

Meeting Summaries

The Committee on Enforced Disappearances today concluded its consideration of the initial report of Cambodia on its implementation of the International Convention on the Protection of All Persons from Enforced Disappearance.  Committee Experts commended the State’s cooperation with neighbouring countries to fight crime and protect victims of trafficking, while asking questions on plans to adopt legislation on enforced disappearance and measures to prevent corruption in the judiciary.  

Barbara Lochbihler, Committee Expert and Country Co-Rapporteur, welcomed Cambodia’s cooperation with neighbouring countries to fight crime and protect victims of trafficking.

Suela Janina, Committee Expert and Country Co-Rapporteur, said there was no autonomous offence of enforced disappearance in State legislation.  Laws covering similar acts were in place, but these were not sufficient to cover the scope and gravity of enforced disappearance.  When did the State party intend to adopt specific legislation criminalising enforced disappearance?

Ms. Janina said that, despite measures taken to strengthen the independence of the judiciary, the Committee was concerned by reports of the persistent lack of an independent and impartial judiciary and about the high number of allegations of corruption within the judiciary.  What measures had been taken to ensure the independence of the judiciary and prevent corruption?

Introducing the report, Keo Sothie, Vice President of the Cambodian Human Rights Committee and head of the delegation, said enforced disappearance was a grave human rights violation.  Cambodia recognised the necessity to punish perpetrators and the measures required to prevent any recurrence of this heinous crime.  The State had adopted several legal, judicial, administrative and policy measures to ensure timely and comprehensive responses to any enforced disappearance-related issues.

The delegation said domestic and regional legal frameworks ensured mutual legal assistance in cross-border investigations. Cambodia had a law on trafficking in persons that was enforced in 2006 and amended in 2008.  The national human trafficking committee had developed measures to combat the practice.  The committee had working groups on legislation, judicial measures, support for victims, and international cooperation. 

On enforced disappearance legislation, the delegation said the act was not considered as an autonomous offence, but several laws under the Criminal Code covered the act of enforced disappearance. The State party had the power to investigate such crimes and prosecute perpetrators.  It believed that it fully complied with the provisions of article two of the Convention.

The Constitution guaranteed the independence and impartiality of the judiciary, the delegation said.  The Anti-Corruption Unit, an independent body, had the power to investigate cases of corruption.  The Unit carried out awareness raising and education campaigns for public officials to prevent corruption; it also developed legal frameworks and policies on corruption.  Complaints against judges could be filed to the Ministry of Justice and the Supreme Council of Magistracy, which initiated investigations.  There were cases where judges were tried for allegations of corruption. 

In concluding remarks, Mr. Keo expressed sincere gratitude to the Committee for the constructive dialogue on the important issue of enforced disappearance.  Cambodia remained deeply committed to the promotion and protection of human rights and was translating national and international frameworks into concrete practices.  Not everything was perfect in Cambodia, but it was committed to engaging with the Committee to address its imperfections and further enhance the promotion of human rights.

In his concluding remarks, Olivier De Frouville, Committee Chair, thanked the members of the delegation and the Committee for the interactive dialogue.  The goal of the dialogue was to promote the implementation of the Convention.  The Committee looked forward to engaging again with the State party soon.

The delegation of Cambodia consisted of representatives of the Cambodian Human Rights Committee; Ministry of Justice; National Police; and the Permanent Mission of Cambodia to the United Nations Office at Geneva.

The Committee will issue its concluding observations on the report of Cambodia at the end of its twenty-sixth session, which concludes on 1 March.  Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.  The programme of work of the Committee’s twenty-sixth session and other documents related to the session can be found here.

The Committee will next meet in public on Tuesday, 20 February at 3 p.m. to consider Burkina Faso’s initial report on additional information submitted under article 29 (4) of the Convention (CED/C/BFA/AI/1).

Report

The Committee has before it the initial report of Cambodia (CED/C/KHM/1).

Presentation of Report

KEO SOTHIE, Vice President of the Cambodian Human Rights Committee and head of the delegation, said the dialogue with the Committee would provide a substantial contribution to Cambodia’s ongoing efforts to further improve the implementation of the Convention.  Cambodia was a small country with a big heart, but a tragic history.  It had undergone colonialism, genocide and civil war.  During the Khmer Rouge regime, State institutions, national infrastructure and intellectual resources were completely obliterated.  Nearly two million Cambodians died during the regime.  In the short span of time since, however, Cambodia had grown into a country with peace, stability, dynamic growth, and economic, social and cultural development.  One of Cambodia’s first steps towards peace and reconciliation was to punish the most senior leaders of the Khmer Rouge, who were convicted of genocide, crimes against humanity, and war crimes.

Enduring peace and stability had resulted especially from the implementation of Samdech Techo Hun Sen’s “win-win policy”.  Over the past two decades, poverty fell steadily at an average annual rate of 1.6 per cent.  Cambodia’s economy grew by more than seven per cent per year until COVID-19 broke out.  Economic growth returned to 5.2 per cent in 2022 and was projected to continue growing at 5.6 per cent in 2023.  Life expectancy had significantly increased from 59 years in 1998 to 76.8 years in 2019.  The country was expected to transition from “least developed” to “developing” status by 2027. Cambodia was also focusing on expanding healthcare services to cover nine million beneficiaries; providing vocational training to 1.5 million youths living in poor households; establishing internet services in all communes, schools and health centres by 2024; and laying out electricity connection grids in all communes before 2030.

Under the State’s Constitution, Cambodia was required to recognise and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, and United Nations covenants and conventions related to human rights, and women’s and children’s rights.  Every Khmer citizen was equal before the law, enjoying the same rights and freedoms and fulfilling the same obligations. 

In cooperation with the United Nations, the working group of the Cambodian Human Rights Committee had finalised the draft law on the organisation and functioning of the national human rights institution based on international standards.  The draft law was submitted to the public for comments, and a total of 32 national, sub-national, regional and legislative consultations were conducted.  The Council of Jurists was currently reviewing the law.

Enforced disappearance was a grave human rights violation.  Cambodia recognised the necessity to punish perpetrators and the measures required to prevent any recurrence of this heinous crime.  In 2013, Cambodia become the only country in Southeast Asia to ratify the Convention and was among only a few in the Asia Pacific region that had done so.  In Cambodia, no one was under the circumstances of enforced disappearance, and under no circumstances could war or threats of war, internal political instability or public emergencies be used as justification for enforced disappearance.  Cambodians’ right to life, liberty and security was explicitly enshrined in the Constitution

Cambodia had adopted several legal, judicial, administrative and policy measures to ensure timely and comprehensive responses to any enforced disappearance-related issues.  It was committed to fulfilling its obligations under the Convention, with the aim of protecting all persons from enforced disappearance and promoting its protection internationally.  Cambodia had transformed itself from a killing field into a country of peace, unity, democracy, respect for human rights and the rule of law, and socio-economic development.  These achievements were made possible through unified efforts from State institutions and authorities, the international community, and especially the Cambodian people themselves.

Questions by Committee Experts

SUELA JANINA, Committee Expert and Country Co-Rapporteur, said the participation of civil society in the preparation of the report was paramount.  How had the State meaningfully involved civil society in its preparation?  Was there a civil society organization that dealt with enforced disappearance?  The Committee noted the draft law from 2021 to establish a national human rights institute.  When did the State party expect this law to be passed?  In how many cases had national courts applied the Convention, and how did the State ensure that decisions to apply the Convention were respected?  The Committee called for more engagement from the State party regarding the acceptance of articles 31 and 32 of the Convention.  Which authorities had the competence to receive complaints regarding enforced disappearance?

What investigations had been carried out into enforced disappearance that happened during the Khmer Rouge era?  Was there any legislation that guaranteed the non-derogability of the right not to be subjected to enforced disappearance?  Had the King proclaimed a state of emergency during the reporting period, and if so, what rights had been derogated during that period?  The Committee was concerned that the law on the management of the nation in state of emergency, promulgated in April 2020, conferred on the Government powers to severely constrain the exercise of a range of fundamental rights and freedoms

There was no autonomous offence of enforced disappearance in State legislation. Laws covering similar acts were in place, but these were not sufficient to cover the scope and gravity of enforced disappearance.  When did the State party intend to adopt specific legislation criminalising enforced disappearance?  What minimum and maximum penalties were issued for the crime?  Were there any circumstances in which perpetrators could be excused after committing or ordering crimes against humanity or war crimes?  Was the statute of limitations for enforced disappearance 15 years?  When did legislation consider the crime to have commenced?  What happened when an alleged perpetrator of enforced disappearance in another State was present in Cambodia?  Was there a condition of double criminality?

Despite measures taken to strengthen the independence of the judiciary, the Committee was concerned by reports of the persistent lack of an independent and impartial judiciary and about the high number of allegations of corruption within the judiciary.  What measures had been taken to ensure the independence of the judiciary and prevent corruption?

Were military authorities competent to investigate or prosecute cases of enforced disappearance?  How were investigators subjectively assessed in cases of enforced disappearance?  Were police officers suspended from duty after being accused of enforced disappearance

BARBARA LOCHBIHLER, Committee Expert and Country Co-Rapporteur, said Cambodia did not have a formal committee for addressing the Committee’s urgent actions.  Would the State party develop a comprehensive action plan for exhaustive and impartial searches in all cases of alleged enforced disappearance? How would it guarantee the professional competence and independence of all staff participating in searches, and ensure that search activities adopted all means necessary to locate the missing person?  Could the delegation update the Committee regarding efforts to carry out such searches?

The Committee had issued four urgent actions concerning Cambodia.  Two were ongoing.  The first involved a 16-year-old boy who disappeared during a violent crackdown by the Cambodian security forces against striking garment factory workers on 3 January 2014.  A short investigation was carried out, with few findings made public and no action known to have been taken as a result.  Could the State party provide an update on progress on this case?  Had any member of the security or armed forces been suspended or prosecuted for this incident?

The second case involved a Thai political activist affiliated with the United Front for Democracy against Dictatorship, who had been living in self-imposed exile in Cambodia from 2014 until the time of his reported disappearance.  The investigation had not made apparent progress, despite the existence of eyewitnesses to and footage of his abduction.  What measures were in place to develop an effective investigation strategy and update the Committee on findings of this case?

What lessons had been learned from the two closed cases?  One case had resulted in the Working Group on Arbitrary Detentions issuing a decision in 2020 against Cambodia, saying that the person involved was subjected to arbitrary detention and other human rights violations.  How would the State party prevent such enforced disappearances from occurring in the future?

Responses by the Delegation

The delegation said consultations with civil society organizations had not taken place during the preparation of the State party’s report.  However, the Cambodian Human Rights Committee welcomed submissions from civil society organizations concerning their interests and had established an application to make that process easier.

The working group preparing the law establishing a national human rights institute had finished a first draft of the law, and civil society organizations and academic institutions had provided comments on the draft.  Various consultations on the law at the national and international levels had been carried out, and the public could submit comments on it.  Further procedures related to the draft would continue after the Council of Jurists had finished its deliberations.

Cambodia did not have any enforced disappearance cases under the definition of article two of the Convention.  Cambodia had not considered accepting articles 30 and 31 of the Convention yet.  The State party would need to study these articles and discuss them with relevant stakeholders before it could accept the articles.

There was no explicit derogation from the right to liberty allowed under the law on states of emergency.  The Government had the right under the law to restrict travel and certain business activities in states of emergency, however, nothing allowed the Government to conduct activities related to enforced disappearance.

Laws on enforced disappearance did not exist in the era when crimes were committed by the Khmer Rouge.  However, the Supreme Court had convicted two Khmer Rouge leaders of crimes against humanity and acts of enforced disappearance.

Enforced disappearance was not considered as an autonomous offence, but several laws under the Criminal Code covered the act of enforced disappearance.  The State party had the power to investigate such crimes and prosecute perpetrators. The Criminal Code also had provisions on the abuse of power and on unlawful arrests and confinement, and recognised mitigating and aggravating circumstances.  If unlawful confinement was accompanied by torture or death, perpetrators could be sentenced to between 15 and 30 years of additional imprisonment. Supervisors were held accountable when they ordered an enforced disappearance. 

The penalty for enforced disappearance depended on the category of crime it was determined as.  Crimes against humanity and genocide were punished with up to life imprisonment. The statute of limitations was interrupted when accusations were lodged or investigations were started, after which the statute of limitations restarted.  For a felony, the statute of limitations ran for 15 years.  Cambodia did not have any legislation covering extraterritorial jurisdiction.  However, the Criminal Code stated that the Code was applicable to persons who committed or were accomplices to felonies committed abroad under certain circumstances.

The Constitution guaranteed the independence and impartiality of the judiciary.  The law on the organisation of the judiciary governed the appointment, transfer and removal of all magistrates.  The Anti-Corruption Unit, an independent body, had the power to investigate cases of corruption.  The President of the Unit was a judicial police officer with the power to carry out arrests.  The Unit carried out awareness raising and education campaigns for public officials to prevent corruption; it also developed legal frameworks and policies on corruption.  The Royal Gendarmerie were competent to investigate crimes of enforced disappearance. The Regulatory Commission provided oversight of the police.  Cambodia guaranteed the protection of witnesses and whistle blowers.  Any acts aiming to harm a witness or prevent them from testifying were punished.

Follow-Up Questions by Committee Experts

Several Committee Experts called on the State party to develop legislation on enforced disappearance as an autonomous and continuing crime

Committee Experts asked follow-up questions on awareness of the Convention and other treaties within Cambodian civil society; plans for providing resources to the national human rights institute; data available on enforced disappearances occurring during the Khmer Rouge regime; the authorities responsible for deciding whether to accept articles 30 and 31 of the Convention, and for stopping the statute of limitations; whether investigations into enforced disappearance cases could be initiated by the State; how the State built the capacities of its search mechanisms; plans to develop a forensic database; and efforts to tackle corruption in the judiciary.

Other questions revolved around the existence of a database on cases of enforced disappearance; challenges preventing the State party from establishing enforced disappearance as a stand-alone crime and domesticating article two of the Convention; the process for the appointment of judges and prosecutors and guarantees of impartiality; bodies responsible for investigating acts of corruption carried out by judges and prosecutors; avenues for appealing decisions by judges to dismiss cases of enforced disappearance; measures to establish an environment respectful of the rights of civil society, and plans to revise the law on the activities of civil society; reasons why Cambodia had not ratified one United Nations human rights treaty; legislation criminalising orders to commit enforced disappearance; limits on the power of judges; and protections against impunity for perpetrators after the statute of limitations had elapsed. 

Responses by the Delegation

The delegation said that it took note of the Committee’s comments concerning establishing enforced disappearance as an autonomous offence.  The State party believed that it fully complied with the provisions of article two of the Convention.

Cambodia did not consider the four urgent actions raised by the Committee as enforced disappearance cases.  The two open cases were currently under investigation.  No evidence had been found that agents of the State were involved.

The Royal Gendarmerie was the military police.  The cases they investigated appeared before civil courts, not military courts.  Military courts only oversaw military cases.  If police believed there were no reasonable grounds to investigate crimes, they did not submit these complaints to the prosecutor.  However, complainants could take their cases to courts directly. Police, prosecutors and the Ministry of Justice had the power to initiate investigations and order arrests if flagrant crimes occurred.

The law on public servants and legislation on states of emergency allowed for the possibility of disciplinary sanctions when public servants committed inappropriate acts.  The Ministry of Foreign Affairs would handle the decision on whether to accept articles 30 and 31 of the Convention. 

Judges had discretion to consider aggravating and mitigating circumstances when deciding on sentences.  Legislation covered acts of instruction by superiors to commit crimes, as well as acts provoking, aiding or abetting such crimes.  Subordinates who defied superiors who ordered crimes were free from liability.  Ordering an inferior to commit a crime was an aggravating circumstance.  Any person who had knowledge of a felony but failed to inform the authorities was punished with up to one year imprisonment.

Complaints against judges could be filed to the Ministry of Justice and the Supreme Council of Magistracy, which initiated investigations.  Sanctions issued against judges were not published, but there were cases where judges were tried for allegations of corruption.

Cambodia maintained a statistical system on crimes investigated in the court system, but it had no records of cases involving enforced disappearance.  Investigations could start without complaints.  Judicial police cooperated on investigations.

Questions by Committee Experts

BARBARA LOCHBIHLER, Committee Expert and Country Co-Rapporteur, said there was no domestic law prohibiting expulsion to another State where there were suspicions that persons could be subjected to enforced disappearance.  Could appeals be lodged against expulsion decisions, and did such appeals have a suspensive effect?  It was very welcome that the State party had said it could not accept diplomatic assurances when there was suspicion that enforced disappearance could take place. Regional governments reportedly failed to investigate cross-border disappearances in the region.  How did the State party ensure mutual legal assistance in cases of cross-border disappearances?

Many Cambodians had been trafficked in sex and entertainment industries in Asia.  The State party needed to implement plans to counter trafficking in persons and identify victims.  What had the State party done to prevent victims of trafficking from becoming victims of enforced disappearance?  What had been the results of the national action plan to counter trafficking in persons? Was there any data available on trafficking convictions?  What were the State’s policies to prevent the disappearance of migrants?  What support services were available to migrants’ relatives in the event of a migrant’s disappearance?

What legal safeguards were provided to persons deprived of liberty?  Did they have access to a lawyer and could they notify a family member of their detention? What had the State party done to register persons deprived of liberty?  Was the information contained in article 73 of the Convention available in cases of military detention?  The Code of Criminal Procedures stipulated that detainees could only request to speak with lawyers from 24 hours after their arrest.  Would Cambodia make access to a lawyer immediate?

Was the Convention and enforced disappearance referenced in training for members of the judiciary and public officials?  Had Cambodia considered appealing to other Association of Southeast Asian Nations members to ratify the Convention and working with them to combat enforced disappearance?  Was there an explicit provision recognising the right of victims to access the truth?  What measures were in place to ensure full access to reparation?  Courts could make declarations of “disappearance” after five years of a person being missing.  How did courts address the insecurity felt by families of disappeared persons during this five-year period?

SUELA JANINA, Committee Expert and Country Co-Rapporteur, said there was no legislation specifically criminalising the wrongful removal of children in the State party.  How did the existing legislation cover such situations?  What progress had been made in discussing the draft child protection law?  Did the law address the child protection provisions in the Convention?  Were there any cases of enforced disappearance of children that the State party was investigating? 

Cambodia had problems with illegal intercountry adoptions.  In the early 2000s, several countries banned adoption from Cambodia on the basis that the State did not fulfil provisions for child protection.  Was the legal system on adoptions now in line with international standards?  What measures were in place to address illegal intercountry adoptions?  Was this a criminal offence?  Were all cases of such adoptions investigated thoroughly, including in the absence of a formal complaint?  Could the delegation provide data on the number of victims of illegal intercountry adoptions?  Annulments of adoptions were decided by courts.  On what legal basis were adoptions annulled?

Responses by the Delegation

The delegation said Cambodia recognised its obligations under its Constitution and various international human rights treaties regarding non-refoulement.  Authorities could refuse requests from other States to extradite persons if there was suspicion that the person involved could face torture in the destination country. Authorities analysed potential dangers before expulsions were carried out.  The Court of Appeal’s investigation bureau reviewed requests to appeal extradition decisions.  The court’s decisions could further be appealed in the Supreme Court.  Domestic and regional legal frameworks ensured mutual legal assistance in cross-border investigations.  The Association of Southeast Asian Nations had established a working group to develop a draft treaty on extradition to Member States.

Cambodia had a law on trafficking in persons that was enforced in 2006 and amended in 2008.  The law was compliant with United Nations’ conventions on trafficking in persons. The national human trafficking committee had developed measures to combat the practice.  The committee included members of the police, military and other State authorities, as well as members of civil society.  The Committee had working groups on legislation, judicial measures, support for victims, and international cooperation. Police had arrested 1,866 persons suspected of trafficking in persons between 2019 and 2023, and taken measures to protect over 4,000 victims, including 2,700 women and 2,000 children. Around 150 of the perpetrators were foreigners.  Around 1,000 people had been arrested for committing sexual exploitation.

The Government had adopted policies and programmes to protect the rights of migrant workers.  The national development plan, national security framework, national employment policy, and national educational training policy all addressed the rights of migrant workers.  The Government had adopted legislation strengthening the management of labour migration.  It aimed to raise awareness of citizens who wished to work abroad of the risk of exploitation and had implemented a tracking system to monitor their movements. The State party worked with neighbouring countries, sharing best practices on combatting transnational crime. Workshops were held on identifying, combatting and punishing transnational crime.

Cambodia ensured that persons deprived of liberty were properly recorded, had access to a lawyer, and could contact their families. Foreign nationals could contact their consulates.  Registers could be shown to judges, judicial police officers and complainants on request. Registration books incorporated the provisions of article 17 of the Convention.  Records were checked by the Cambodian Human Rights Committee during visits to places of detention.  Records included reasons for detention, the duration of detention, the name of the arresting police officers, and the name of the person arrested.  Medical assessments of persons deprived of liberty were carried out and medical care was provided as needed.

All public officials received training on legislation and human rights matters from the Cambodian Human Rights Committee.  The Committee organised seminars throughout the country to disseminate the principles of key international human rights treaties.  The Committee would incorporate the Convention in future human rights training for judges and workshops for military police and penitentiary staff.  In the past year, the Committee’s human rights training reached 13,000 people.

Questions by Committee Experts

Committee Experts asked follow-up questions on trends concerning the nationality of perpetrators and victims of trafficking, and policies to support victims of trafficking; measures to investigate reported disappearances of human rights defenders in the Southeast Asia region; plans to reform the law on civil society organizations; the State party’s approach to supporting women victims of crimes and women whose partners were victims; the system for evaluating the risk of refoulement in extradition cases; whether enforced disappearance would be included as an extraditable crime in the relevant draft Association of Southeast Asian Nations treaty; whether the national commission against torture was able to conduct unannounced visits to places of detention; the time it took for detainees to access lawyers; legal assistance provided to persons unable to appoint lawyers; and the composition and powers of the administrative body that assessed asylum requests.

Questions were also asked on how the Government selected civil society organizations to work with the national anti-trafficking committee; how persons subjected to immediate expulsion orders could challenge those orders; how the State party handled cases of enforced disappearance involving third-party nationals and cases occurring abroad to prevent double indemnity; mechanisms to inform victims of human rights violations of their right to access reparations; measures to protect foreign victims of trafficking identified in the State; the scope of complainants’ and other interested persons’ access to registers; assessments of the impact of human rights training; plans to publicise decisions in corruption cases involving judges; measures to identify the remains of disappeared persons from the Khmer Rouge era, and how Cambodia implemented the right to truth, justice and reparation for the victims of human rights violations occurring during the era; the existence of disaggregated data on victims of enforced disappearance; how training programmes for public officials addressed enforced disappearance; and Cambodia’s stance on cooperation with Italy to combat illegal international adoptions and to shed light on past illegal adoptions.

SUELA JANINA, Committee Expert and Country Co-Rapporteur, expressed hope that Cambodia would take the Committee’s concluding observations with good will, and continue in its spirit of cooperation with the Committee to strengthen implementation of the Convention.

BARBARA LOCHBIHLER, Committee Expert and Country Co-Rapporteur, welcomed Cambodia’s cooperation with neighbouring countries to fight crime and protect victims of trafficking.  There needed to be training for civil servants, the army and the general public on enforced disappearance.

Responses by the Delegation

The delegation said there was no specific provision that addressed cases where children were subjected to enforced disappearance.  However, there were provisions in the Criminal Code that adequately punished persons for such acts.  Taking away a minor to a third country was punishable with imprisonment for up to three years.  Removals intending to make profits or exploit children were punished with 15 to 20 years imprisonment.  The concealment of the existence of a child was punishable with up to one year imprisonment.  Cambodia was a party to the Hague Convention.  The State party was committed to preventing child trafficking.

Cambodia had made formal commitments to end violence against children by 2030.  The State was conducting a study into online exploitation of children and was developing a policy to protect children online.  National committees on child labour and the protection of children had been set up. The Ministry of Social Affairs was currently reviewing the draft law on child protection and would submit the law to the Council of Jurists in July this year.  The law included 165 articles aiming to protect children from various forms of abuse.  International partners had participated in drafting the law.

Eighteen organizations had cooperated with the national committee on preventing trafficking.  The State party had implemented the Association of Southeast Asian Nations convention on combatting trafficking in persons through laws on trafficking and sexual exploitation.  The State party had worked to implement the national action plan on trafficking at local levels.  Hotlines and monitoring systems were in place to receive accusations of trafficking and identify victims.  Social services, education and legal assistance were provided to victims.

Through the extraordinary chambers in the courts of Cambodia, reparations were provided to victims of the Khmer Rouge on a collective, symbolic basis, as everyone in Cambodia was a victim of the regime. Reparations included stupas built across the country, a national holiday to remember victims, and information programmes on the regime.  Civil society organizations had complied information on victims of the Khmer Rouge, including victims of enforced disappearance.  The Extraordinary Chambers in the Courts of Cambodia were now focused on archiving and carrying out projects for victims.  In one such project, campsites were being labelled as locations where violations were perpetrated.  Victims could file civil complaints to obtain compensation for damages.

The State ensured that registry data was transferred and recorded at every stage of the judicial process.  Human rights training addressed the rights of victims of rights violations to file complaints and obtain compensation.

Non-governmental organizations had the freedom to operate in accordance with the law in Cambodia.  Around 6,000 non-governmental and civil society organizations had registered with the State.  The Government had held discussions with civil society organizations on requested amendments to the law on associations and non-governmental organizations.  The Government would ensure that the draft law would protect the people’s interests and promote collaboration between the State and non-governmental organizations.  The Government was currently waiting for additional comments from civil society regarding the amendments.

Closing Remarks

KEO SOTHIE, Vice President of the Cambodian Human Rights Committee and head of the delegation, expressed sincere gratitude to the Committee for the constructive dialogue on the important issue of enforced disappearance.  He expressed appreciation for the Committee’s comments.  In Cambodia, perpetrators of violations were prosecuted by courts.  The police conducted investigations in a timely manner and acted against impunity.  Cambodia remained deeply committed to the promotion and protection of human rights and was translating national and international frameworks into concrete practices.  Not everything was perfect in Cambodia, but it was committed to engaging with the Committee to address its imperfections and further enhance the promotion of human rights. 

OLIVIER DE FROUVILLE, Committee Chair, thanked the members of the delegation and the Committee for the interactive dialogue.  The goal of the dialogue was to promote the implementation of the Convention.  The Committee looked forward to engaging again with the State party soon.

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CED/2024/02

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