Sunday, February 26, 2012

How to Reduce Human Rights Violation in Cambodia


How to  Reduce Human Rights Violation in Cambodia

Introduction
Land grabbing, deforestation, freedom of assembly and corrupted judicial system are still critical in Cambodia.  People are threatened from day to day by powerful people/businessmen by using corrupted judicial system to accuse and arrest victims, and human rights activists. NGOs and victims use their best in the advocacy system by peaceful demonstration and/or issuing statement to government donors and UN to address their concern but the results are not satisfied.

Problem
1- Restriction of freedom of expression and association: Freedom of assembly has been smaller than before after Cambodian People Party won election in 2008. In late 2009, the parliament passed law on demonstration. Persons who initiate to do demonstration shall be responsible for damage and imprisoned if s/he did demonstration without permitting from local authorities. This law is allowed each provincial/municipal governor to establish a freedom park for people to express their feel. The freedom park is a where that peaceful assembly is to be conducted by a maximum of two hundred (200) persons for each municipality or province. The freedom park is always located at outskirts that public have rare gone there. When the people send a notice to local authority about their plan to demonstrate against something, the authorities have rarely positively response. The limited number of participants is a restriction of freedom of expression because it may not be attractive from public. It is new oppression for NGOs and people to express their concern.

Another concern is related to freedom of association is also facing to lose its integrity. Now NGOs that have their own office or branch in the provinces, they shall submit a report every month to the provincial hall. If they don’t send report for three times subsequently, the provincial governors will stop such type NGOs’ activities in his/her province.

Nowadays, the government has drafted law on NGOs’ activities. The Government of Cambodia released a draft Law on Associations and NGOs on December 15, 2010.  The draft Law, if enacted, would run counter to international standards relating to freedom of association in several respects.  The Government had also announced that a consultation workshop on the draft Law on NGOs/Associations is currently scheduled for January 10, 2011 and that NGOs, Government ministries, and other stakeholders will be invited.  Through the consultation, some provisions such mandatory registration for forming non-profit organization is still remained in which this provision contradict with international principles. In the future, NGOs that locate or do activities in Cambodian will have a bad situation if they want to support Cambodian people to understand their rights.

2- Corrupted judicial system: in Cambodia, third column of state power is becoming the instruments of rich businessmen and government to intimidate or oppress the vulnerable people by charging incitement of public interest and arrest them imprison. In September 2010, two community representatives in Amlaing commune, Tpong district, Kampong Speu province, were arrested by court after a company filed a complaint against with them on case of destruction of company properties. If the poor filed suit against powerful or rich persons, court rarely takes its measure against with them even the case is flagrante delicto.

Solution

Education and international mechanism
Education is very potential thing all the people because when the people can understand their rights or freedom they can change the society. In order to provide a good education to people to understand about their rights, we should have simple ways of lesson for the grassroots people. If they understand well their rights or liberal, they can be catalysts to change the society. Education motivates people to be a strong confident what they want to do.

Furthermore, the international instruments or Universal Bills of Human Rights (Universal Declaration of Human Rights (UDHR), International Covenant on Economic and Social Rights   (ICESR), International Covenant on Civil and Political Rights (ICCPR)…) as well as region’s charter of Africa, EU and ASEAN stipulated the state parties shall be responsible to provide education and disseminate freedom and rights to their respective people. In order to protect people’s freedom, those instruments created mechanisms to solve the human rights violation at global (UN) and regional level.

Within the UN enforcement system, there are diverse organs, such as courts/tribunals, committees, special procedural mechanisms, working groups, rapporteurs, experts, and representatives.

Through these mechanisms convince people that work and fight peacefully for changing their regime by having adequate evidences to prove that they are walking on the right track. These mechanisms are playing major role in consolidating and promoting democracy. By the ways, UN can put measure against the government that doesn't follow the international instruments.

Rule of Law
The government shall follow the law stated. Therefore, everything shall be done the best way to respect the human rights and also the court shall be neutral.

In conclusion: the government has a good play role to follow the local and international law particularly; Universal Bills of Human Rights that government ratified them. 

There are many ways to reduce the human rights violation in Cambodia but our group raised only some points for readers to consider only. 


.......................................................
Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and informaton regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Welcome all comments on this blog
ព្រឹតិ្តច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀត ឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕
Post a Comment