News / Asia

Legal Experts: Cambodia Judicial Laws of 'Deep Concern'

U.N. Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, speaking in Phnom Penh, Cambodia, July 15, 2014. (Robert Carmichael/VOA)
U.N. Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, speaking in Phnom Penh, Cambodia, July 15, 2014. (Robert Carmichael/VOA)
Robert Carmichael

International legal experts are expressing deep concern over proposed changes to Cambodia’s legal system that critics say hand over too much power to the executive.  At a meeting in Phnom Penh Tuesday, a group recommended the three judicial reform laws should be returned to parliament for further discussion. The proposed legislation is currently with Cambodia’s king awaiting his signature to become law. 

The U.N. Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, told attendees at Tuesday’s meeting that the three laws on judicial reform undermined the principle of the separation of powers, and called on Cambodia’s constitutional monarch not to sign them, and to send them back to parliament to ensure public input.
 
“My request is in the sense that these laws, if they are enacted, there is a high level of chance that a lot of amendments should be done. So it’s a kind of anticipation - instead of signing these laws, he could send these laws again to the parliament, and restart the process with open debate as the government has done in many different kinds of laws in Cambodia,” she said.
 
The three draft judicial reform laws recently flew through parliament, the senate and the scrutiny of the Constitutional Council, before ending up on the desk of the king. Once he signs them, they will become law.
 
But the laws’ numerous critics say they are fundamentally flawed. They say they not only run counter to Cambodia’s Constitution, which guarantees the independence of the judiciary, they also conflict with Cambodia’s commitments to an independent judiciary as enshrined in legal instruments such as the International Covenant on Civil and Political Rights.
 
Knaul, a Brazilian judge who has been the U.N. Special Rapporteur since 2009, explained that the three laws could have a big impact on the Cambodian legal system.
 
“They deal with the structure of the court - how it works, how it should function, what are the borderlines between the powers, what kind of guarantees the beneficiaries of the justice system should have. This kind of law regulates the appointments process, the transfers, suspension, [and] disciplinary proceedings against judges. It deals with matters relating to enhancing transparency, the accountability of the judicial system. It defines and makes clear what’s the role of judges and the prosecutors in order to avoid confusion on the roles of each one,” she said.
 
The key failing is that they hand significant power to the executive; not least to the minister of justice and senior ministry staff, giving them wide-ranging powers in such key areas as budgets, complaints, promotions, and the removal or punishment of judges and prosecutors. In short, the laws would provide the executive a free hand to interfere in the judiciary.
 
Nadia Hardman is the program lawyer at the Human Rights Institute of the International Bar Association, or IBA, a British-based non-profit that supports the independence of the judiciary.
 
The IBA, which hosted Tuesday’s news conference, expressed its “deep concern over controversial judicial reforms, which could provide an excessive transfer of power from the judiciary to the executive”.
 
Hardman said codifying executive control into primary legislation over the judiciary created a series of documents that could, in theory, be used to enact future abuses. Those problems, she added, were eminently avoidable.
 
“If you’re going to formalize what goes on at a judicial level, especially in this day and age when there are so many best practice standards, or so many guidelines, there are so many initiatives at the U.N. and the regional level, countries have model legislation to draw upon - and at the moment you should really be relying on those best practice standards,” she said.
 
Piseth Duch is the trial monitoring coordinator at the Cambodian Center for Human Rights, or CCHR, a local non-profit that has advocated extensively on judicial reform.
 
With the law on the verge of being signed, he says the way forward now lies in continuing to try to talk to the government, and in establishing strategies with other civil society organizations to tackle the issue together.
 
“And also keep following up closely on the implementation of these laws when they pass into law soon, and then we can document the issues or cases that violate the independence of the judiciary, and then we can call with the evidence-based documents to call for the amendment in the future - because if the government is willing to make the judiciary purely independent, it will be a good starting point for the Cambodian people as a whole,” said Duch.
 
For its part, the Cambodian government says it is satisfied with the provisions of the law.

You May Like

Photogallery Protests Continue in Ferguson, Spread to Other US Cities

Missouri officials say deployment of more than 2,000 National Guard soldiers helps curb second night of rampant arson and looting in Midwestern town More

Video Ebola, Crackdown on Illegals Hit Business in Guangzhou

Chinese city has largest community of Africans in Asia More

Video Legendary Lebanese Actress, Singer Sabah Dies at 87

Music and film diva, affectionately called 'Sabbouha' by millions of her fans, performed at Carnegie Hall in New York, Royal Albert Hall in London, Olympia in Paris, Sydney Opera House in Sydney More

This forum has been closed.
Comment Sorting
Comments
     
by: Frankie Fook-lun Leung from: Los Angeles
July 15, 2014 2:50 PM
It is inconceivable that the Cambodian government could accept the western sense of judicial independence based on separation of power. Other emergent nations face similar problems, to a different degree.

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Aung San Suu Kyi: Myanmar Opposition to Keep Pushing for Constitutional Changei
X
November 24, 2014 10:09 PM
Myanmar opposition leader Aung San Suu Kyi says she and her supporters will continue pushing to amend a constitutional clause that bars her from running for president next year. VOA's Than Lwin Htun reports from the capital Naypyitaw in this report narrated by Colin Lovett.
Video

Video Aung San Suu Kyi: Myanmar Opposition to Keep Pushing for Constitutional Change

Myanmar opposition leader Aung San Suu Kyi says she and her supporters will continue pushing to amend a constitutional clause that bars her from running for president next year. VOA's Than Lwin Htun reports from the capital Naypyitaw in this report narrated by Colin Lovett.
Video

Video Mali Attempts to Shut Down Ebola Transmission Chain

Senegal and Nigeria were able to stop small Ebola outbreaks by closely monitoring those who had contact with the sick person and quickly isolating anyone with symptoms. Mali is now scrambling to do the same. VOA’s Anne Look reports from Mali on what the country is doing to shut down the chain of transmission.
Video

Video Ukraine Marks Anniversary of Deadly 1930s Famine

During a commemoration for millions who died of starvation in Ukraine in the early 1930s, President Petro Poroshenko lashed out at Soviet-era totalitarianism for causing the deaths and accused today’s Russian-backed rebels in the east of using similar tactics. VOA’s Daniel Shearf reports from Kyiv.
Video

Video Hong Kong Protests at a Crossroads

New public opinion polls in Hong Kong indicate declining support for pro-democracy demonstrations after weeks of street protests. VOA’s Bill Ide in Guangzhou and Pros Laput in Hong Kong spoke with protesters and observers about whether demonstrators have been too aggressive in pushing for change.
Video

Video US Immigration Relief Imminent for Mixed-Status Families

Tens of thousands of undocumented immigrants in the Washington, D.C., area may benefit from a controversial presidential order announced this week. It's not a path to citizenship, as some activists hoped. But it will allow more immigrants who arrived as children or who have citizen children, to avoid deportation and work legally. VOA's Victoria Macchi talks with one young man who benefited from an earlier presidential order, and whose parents may now benefit after years of living in fear.
Video

Video New Skateboard Defies Gravity

A futuristic dream only a couple of decades ago, the hoverboard – a skateboard that floats above the ground - has finally been made possible. While still not ready for mass production, it promises to become a cool mode of transport... at least over some surfaces. VOA’s George Putic reports.
Video

Video Falling Gas Prices Impact US Oil Extraction

With the price of oil now less than $80 a barrel, motorists throughout the United States are benefiting from gas prices below $3 a gallon. But as VOA’s Kane Farabaugh reports, the decreasing price of petroleum has a downside for the hydraulic fracturing industry in the United States.
Video

Video Tensions Build on Korean Peninsula Amid Military Drills

It has been another tense week on the Korean peninsula as Pyongyang threatened to again test nuclear weapons while the U.S. and South Korean forces held joint military exercises in a show of force. VOA’s Brian Padden reports from the Kunsan Air Base in South Korea.
Video

Video Mama Sarah Obama Honored at UN Women’s Entrepreneurship Day

President Barack Obama's step-grandmother is in the United States to raise money to build a $12 million school and hospital center in Kogelo, Kenya, the birthplace of the president's father, Barack Obama, Sr. She was honored for her decades of work to aid poor Kenyans at a Women's Entrepreneurship Day at the United Nations.
Video

Video Ebola Economic Toll Stirs W. Africa Food Security Concerns

The World Bank said Wednesday that it expects the economic impact of the Ebola outbreak on the sub-Saharan economy to cost somewhere betweenf $3 billion to $4 billion - well below a previously-outlined worst-case scenario of $32 billion. Some economists, however, paint a gloomier picture - warning that the disruption to regional markets and trading is considerable. Henry Ridgwell reports from London.
Video

Video Chaos, Abuse Defy Solution in Libya

The political and security crisis in Libya is deepening, with competing governments and, according to Amnesty International, widespread human rights violations committed with impunity. VOA’s Al Pessin reports from London.
Video

Video US Hosts Record 866,000 Foreign Students

Close to 900,000 international students are studying at American universities and colleges, more than ever before. About half of them come from Asia, mostly China. The United States hosts more foreign students than any other country in the world, and its foreign student population is steadily growing. Zlatica Hoke reports.

All About America

AppleAndroid