UN human rights rapporteur discusses judicial sector reform

Manekseka Sangkum: 

It's hard not to take a cynical yet realistic view about the actual nature and impact of this category of agencies and institutions - NGOs, USAID and EU funded organisations - whose job description it is to aid and promote the health of civil society by means of training, education and other channels of communication vis a vis ruling authorities and government. Much time and a number of years have passed since most of these agencies were able to establish their presence in the country following the UN's supervisory intervention there in the early 1990s, and although there are certain signs of economic progress and rebuilding, much of which confined to publicly visible projects and infrastructures like roads and bridges funded by Chinese loans or Japanese grants, these are there to foster the ruling regime's claim and image of a "development" driven party. 

Many of these well paved roads may be great for travellers and holiday makers, and it is certainly not a bad thing for locals transporting their goods and supplies to and from the nearest market. But if we just leave micro and macro economics issues for now [about which the CPP leadership has even less intelligent, coherent platform to stand by] and imagine you are travelling on one of these highways, exploring the scenery and 'beauty' of the countryside, and you are suddenly struck by the contrast between these modern conveniences and the tragedy of a devastated world and communities laid to waste by their ruling elite who also happen to be the same people behind the road building. Actually, many of these roads and highways also serve to establish access to previously inaccessible timber-mineral rich terrains and regions of the country and make it convenient for quarried materials and felled timber to be transported and processed between logistics locations. 

These are the realities and undercurrents facing the people of Cambodia, and have been so all these decades of deliberate dialogues and polite conversations that have gone on between aid agencies and the Phnom Penh regime. Judicial reform is definitely at the heart of the crisis; yet why are we still talking about this topic in 2016 and in this part of the 21st century - as the PM noted the other day of the Opposition's continued "failings"?  

My educated impression is that, barring the genuine effort and dedication of activists and some civil society groups and individuals who have endeavoured to make a difference to local lives and communities, the world of high profile NGOs and UN agencies continue to float in a bubble of their own; much like Cambodia's political realities. This means that their social agenda, as is the case with 'justice' in the country, also follows the politics too. In the meantime, individuals and employees of these organisations will have counted themselves fortunate to be in their respective paid position and job from where they watch and follow the flow or motion like everyone else.

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UN Special Rapporteur Rhona Smith attends a meeting with officials from the Ministry of Justice yesterday in Phnom Penh. Heng Chivoan

UN human rights rapporteur discusses judicial sector reform

ppp Wed, 23 March 2016

Mech Dara and Yesenia Amaro

The independence of the country’s judiciary was among the issues that UN Special Rapporteur for Human Rights Rhona Smith raised yesterday during a meeting with the minister of justice as part of her 10-day visit.

During her meeting with Ang Vong Vathana, Smith received an update on the progress to reform three controversial judicial laws that were passed in 2014, which critics claim further compromised the independence of the Kingdom’s oft-maligned courts.

Smith briefly spoke with journalists after the meeting and said progress in that area was being made. She also cited planned salary increases for prosecutors and judges – 40 to 50 per cent raises announced in January – as a specific example of reform, but also expressed the need for continued efforts.

Ministry spokesman Chin Malin acknowledged that Smith had pressed Vong Vathana on reform, but said she also “praised the good development that we’ve created in our court administration”.

“She felt strongly about the increase in financial allowance for judges and prosecutors, because this helps promote the independence of the court.”

Several members of the opposition are facing what are widely believed to be politically motivated court cases.

When asked if the issue of the ruling party’s alleged use of the courts as a tool of intimidation was raised, UN Office of the High Commissioner for Human Rights spokeswoman Christine Pickering said Smith will discuss her findings and recommendations at a press conference next Thursday.