Introduction
Key Issues and
Recommendations
Introduction
The Cambodian Human Rights Action Committee (HRAC) is a coalition of 18 local NGOs working together to actively promote democratic principles and human rights. The HRAC is encouraged that a Good Governance Working Group has been created out of the Consultative Group Meetings to monitor the progress of the Royal Government of Cambodia
(RGC) in implementing their commitment to strengthen the rule of law in Cambodia.
In order to effectively develop the rule of law and respect for human rights, donors need build on this progress to assist and encourage the government to improve the independence of the judiciary. The functioning of judicial bodies, efforts to combat corruption, the drafting of legislation, reform of the police force, and the planned tribunal for former Khmer Rouge leaders are also important to the rule of law.
Although there have been positive achievements during the year, the HRAC still has certain concerns regarding the rule of law in Cambodia.
Key Issues and Recommendations
The Rule of Law
Judicial Reform
- The RGC should expedite the criminal procedure code and penal code, which are currently being discussed at the Council of Ministers. The National Assembly and Senate should ensure that the codes are consistent with other applicable Cambodian laws and comply with the Cambodian Constitution and International instruments.
- Investigating judges should be able to exercise their duties independently, effectively and objectively after cases are submitted to them.
- Salaries of judges and prosecutors should be raised in order to combat and reduce corruption in courts. Furthermore, a national program to build capacity of judges and prosecutors should be developed and implemented.
- Corrupt judges, prosecutors and other government officials should be punished in accordance with the law. A functioning, independent and effective anti-corruption commission should be created to investigate cases.
- Reforms in the police force should also be implemented such as continuing to investigate cases after 48 hours.
Supreme Council of Magistracy (SCM)
- SCM should be reformed to ensure independence. Although the Supreme Council of Magistracy
(SCM) exists, this institution has not effectively carried out its role of ensuring the independence of the judiciary.
- Members of SCM must be non-partisan (officially resigned from the political parties) and should not be from the legislative or executive branch. Additional members should also include representatives from the Cambodia Bar Association and academic institutions.
- The three elected judges of Supreme Council of Magistracy must be permanent and work full time.
- SCM should receive an autonomous budget and have its own secretariat, which is independent from the Ministry of Justice.
- SCM law should be amended and the law on the Statute of Magistrate, which is currently being drafted, should be expedited and more clearly define the respective roles of judges and prosecutors.
- Codes of conduct and ethics for judges and prosecutors should be drafted and adopted.
- SCM must draft its annual action plan for the programs that it conducts during the year. The action plan will serve as a basis for an evaluation of its performance. Furthermore, the SCM must establish the hearing procedure for the disciplinary actions taken against a judge or prosecutor for misconduct.
Civil Society Participation
- Civil society should be permitted to participate with the various steps of legislative process, including presenting its testimony during the debate of the legislature. A law on the legislative process should be drafted, voted upon and implemented to ensure effective participation of civil society.
Cambodian Bar Association (CBA)
- CBA should increase the number of lawyers who can practice law by establishing institutions to train new law graduates or accept experienced law graduates who are working in the private sector.
- CBA should be empowered and strengthened so that they can build capacity of lawyers with the assistance and support of donors.
National Transparency System
- RGC must propose new candidates for the National Audit Authority who have the confidence of the people.
- An Anti-corruption Law and Law on Declaration of Assets must be drafted and adopted with the participation of NGOs and civil society.
- An anti-corruption commission must be created and be allowed to function independently.
- Law on Freedom of Access to Information must be drafted and adopted with the participation of NGOs and civil society.
Decentralization
- Government action plan and policy reform must be delegated to ministry levels.
Improve coordination among the donor community
- Meetings between government officials, donors and representatives from NGOs and civil society must be held to discuss project implementation of the RGC action plan.
- Donors, NGOs and civil society should monitor the implementation of the RGC action plan.
Establishment of Khmer Rouge Tribunal
- The establishment of the Khmer Rouge Tribunal should be prioritized in order to find justice for victims in accordance with UN standards.
- The National Assembly should review the contents of the law promptly in order to resolve issues raised by the Constitutional Council and other unclear articles that will cause conflict amongst Cambodian and foreign judges during trials.
Commune Election
- Recommendations from NGOs and civil society should be taken in consideration and recorded officially.
- NGOs and civil society must be allowed to participate throughout the election process, including voter education and independent election monitoring.
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