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

Video Experts Warn World Losing Ebola Fight

Doctors Without Borders says world is losing battle against Ebola, unless wealthy nations dispatch specialized biological disaster response teams More

Video Experts: Rise of Islamic State Significant Development in Jihadism

Many analysts contend the group - which grew out of al-Qaida in Iraq - has been rebuilding for years More

US-Based Hong Kongers Pledge Support for Pro-Democracy Activists

Democracy advocates call on Chinese living abroad to join them in opposing new election rules for their home territory 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.
Larger Than Life Chinese Lanterns Make Southern California Appearancei
X
Elizabeth Lee
September 02, 2014 8:57 PM
Chinese lanterns with a long history are lighting up in 21st century style at the Los Angeles County Fair in southern California. Visitors can see traditional lanterns that hang, but also lanterns in the shape of animals, iconic landmarks and many other objects, all created by artisans from a place in China known for its lanterns. Elizabeth Lee has the details from the fair in the city of Pomona.
Video

Video Larger Than Life Chinese Lanterns Make Southern California Appearance

Chinese lanterns with a long history are lighting up in 21st century style at the Los Angeles County Fair in southern California. Visitors can see traditional lanterns that hang, but also lanterns in the shape of animals, iconic landmarks and many other objects, all created by artisans from a place in China known for its lanterns. Elizabeth Lee has the details from the fair in the city of Pomona.
Video

Video Experts See Rise of ISIS as Significant Development

The Islamic State’s rise seems sudden. It caught the U.S. by surprise this summer when it captured large portions of northern Iraq and spread its wings in neighboring Syria. But many analysts contend that the group - which grew out of al-Qaida in Iraq - has been rebuilding for years. VOA's Jela de Franceschi takes a closer look at the rise of ISIS and its implications for the Middle East and beyond.
Video

Video Israel Concerned Over Syrian Rebels in Golan

Israeli officials are following with concern the recent fighting between Syrian rebels and government forces near the contested Golan Heights. Forty-four U.N. peacekeepers from Fiji have been seized by Syrian Islamist rebels and the clashes occasionally have spilled into Israel. VOA’s Scott Bobb reports from Jerusalem.
Video

Video Ukraine Schools Resume Classes, Donate to Government Forces

A new school year has started in Ukraine but thousands of children in the war-torn east are unable to attend because of ongoing clashes with pro-Russia rebels. In Ukraine's capital, patriotic education has become the norm along with donations to support injured security forces fighting to take back rebel-held areas. VOA's Daniel Schearf reports from Kyiv.
Video

Video US Detainees Want Negotiators for Freedom in North Korea

The three U.S. detainees held in North Korea were permitted to speak with foreign media Monday. The government of Kim Jong Un restricted the topics of the questions, and the interviews in Pyongyang were limited to five minutes. Each of the men asked Washington to send a representative to Pyongyang to secure his release. VOA’s Carolyn Presutti has our story.
Video

Video Turkmen From Amerli Describe Survival of IS Siege

Over the past few weeks, hundreds of Shi'ite Turkmen have fled the town of Amerli seeking refuge in the northern city of Kirkuk. Despite recent military gains after U.S. airstrikes that were coordinated with Iraqi and Kurdish forces, the situation remains dire for Amerli’s residents. Sebastian Meyer went to Kirkuk for VOA to speak to those who managed to escape.
Video

Video West Africa Ebola Vaccine Trials Possible by Early 2015

A U.S. health agency is speeding up clinical trials of a possible vaccine against the deadly Ebola virus that so far has killed more than 1,500 people in West Africa. If successful, the next step would be a larger trial in countries where the outbreak is occurring. VOA's Carol Pearson has more.
Video

Video Survivors Commemorate 70th Anniversary of Nazi Liquidation of Jewish Ghetto

When the German Nazi army occupied the Polish city of Lodz in 1939, it marked the beginning of a long nightmare for the Jewish community that once made up one third of the population. Roughly 200,000 people were forced into the Lodz Ghetto. Less than 7,000 survived. As VOA’s Kane Farabaugh reports, some survivors gathered at the Union League Club in Chicago on the 70th anniversary of the liquidation of the Lodz Ghetto to remember those who suffered at the hands of the Nazi regime.

AppleAndroid