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 South Africa Bans Travelers From Ebola-stricken Countries

South Africans returning from affected West African countries will be thoroughly screened, required to fill out medical questionnaire, health minister says More

Multimedia UN Launches ‘Biggest Aid Operation in 30 Years’ in Iraq

Move aims to help thousands of Iraqi religious minorities who fled their homes as Kurdish, Iraqi government forces battle Sunni insurgents More

Video African Media Tries to Educate Public About Ebola

IT specialists, together with radio and TV reporters, are battling misinformation and prejudice about disease 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.
Gaza Conflict, Hamas Popularity Challenge Abbasi
X
Scott Stearns
August 21, 2014 9:20 PM
The Palestinian unity government of Mahmoud Abbas has failed to convince Hamas to agree to Egyptian-negotiated terms with Israel on a Gaza cease-fire. VOA State Department Correspondent Scott Stearns reports on what the Gaza conflict means for President Abbas, with whom U.S. officials have worked for years on a two-state solution to the Israeli-Palestinian conflict.
Video

Video Gaza Conflict, Hamas Popularity Challenge Abbas

The Palestinian unity government of Mahmoud Abbas has failed to convince Hamas to agree to Egyptian-negotiated terms with Israel on a Gaza cease-fire. VOA State Department Correspondent Scott Stearns reports on what the Gaza conflict means for President Abbas, with whom U.S. officials have worked for years on a two-state solution to the Israeli-Palestinian conflict.
Video

Video Nigeria's 'Nollywood' Movie Industry Rolls in High Gear

Twenty years after its birth in a video shop in Lagos, Nigeria's "Nollywood" is one of the most prolific film industries on earth. Despite low budgets and whirlwind production schedules, Nigerian films are wildly popular in Africa and industry professionals say they hope, in the future, their films will be as great in quality as they are in quantity. Heather Murdock has more for VOA from Lagos.
Video

Video UN Launches 'Biggest Aid Operation in 30 Years' in Iraq

The United Nations has launched what it describes as one of the biggest aid operations in 30 years in northern Iraq, as hundreds of thousands of refugees flee the extremist Sunni militant group calling itself the Islamic State. As Kurdish and Iraqi forces battle the Sunni insurgents, the fighting has forced more people to flee their homes. Kurdish authorities say the international community must act now to avert a humanitarian catastrophe. Henry Ridgwell reports for VOA from London.
Video

Video Cambodian American Hip Hop Artist Sings of Personal Struggles

A growing underground movement of Cambodian American hip hop artists is rapping about the struggles of living in urban America. Most, if not all of them, are refugees or children of refugees who came to the United States from Cambodia to escape the Khmer Rouge genocide of the 1970s. Through their music, the artists hope to give voice to immigrants who have been struggling quietly for years. Elizabeth Lee reports from Long Beach, California.
Video

Video African Media Tries to Educate Public About Ebola

While the Ebola epidemic continues to claim lives in West Africa, information technology specialists, together with radio and TV reporters, are battling misinformation and prejudice about the disease - using social media to educate the public about the deadly virus. VOA’s George Putic has more.
Video

Video Ferguson Calls for Justice as Anger, Violence Grips Community

Violence, anger and frustration continue to grip the small St. Louis suburb of Ferguson, Missouri. Protests broke out after a white police officer fatally shot an unarmed black teenager on August 9. The case has sparked outrage around the nation and prompted the White House to send U.S. Attorney Eric Holder to the small community of just over 20,000 people. VOA’s Mary Alice Salinas has more from Ferguson.
Video

Video Beheading Of US Journalist Breeds Outrage

U.S. and British authorities have launched an investigation into an Islamic State video showing the beheading of kidnapped American journalist James Foley by a militant with a British accent. The extremist group, which posted the video on the Internet Tuesday, said the murder was revenge for U.S. airstrikes on militant positions in Iraq - and has threatened to execute another American journalist it is holding. Henry Ridgwell has more from London.
Video

Video Family Robots - The Next Big Thing?

Robots that can help us with daily chores like cooking and cleaning are a long way off, but automatons that serve as family companions may be much closer. Researchers in the United States, France, Japan and other countries are racing to build robots that can entertain and perform some simpler tasks for us. VOA’s George Putic reports.
Video

Video In Ukraine, Fear and Distrust Remain Where Fighting has Stopped

As the Ukrainian military reclaims control of eastern cities from pro-Russian separatists, residents are getting a chance to rebuild their lives. VOA's Gabe Joselow reports from the town of Kramatorsk in Donetsk province, where a sense of fear is still in the air, and distrust of the government in Kyiv still runs deep.
Video

Video Five Patients Given Experimental Ebola Drug Said to Be Improving

The World Health Organization has approved the use of experimental treatments for Ebola patients in West Africa. The Ebola outbreak there is unprecedented, the disease deadly. The number of people who have died from Ebola has surpassed 1,200. VOA's Carol Pearson reports on the ethical considerations of allowing experimental drugs to be used.
Video

Video China Targets Overseas Assets of Corrupt Officials

As China presses forward with its anti-graft effort, authorities are targeting corrupt officials who have sent family members and assets overseas. The efforts have stirred up a debate at home on exactly how many officials take that route and how likely it is they will be caught. Rebecca Valli has this report.
Video

Video Leading The Fight Against Islamic State, Kurds Question Iraqi Future

Western countries including the United States have begun arming the Kurdish Peshmerga forces in northern Iraq to aid their battle against extremist Sunni militants from the Islamic State. But there are concerns that a heavily-armed Kurdistan Regional Government, or KRG, might seek to declare independence and cause the break-up of the Iraqi state. As Henry Ridgwell reports from London, the KRG says it will only seek greater autonomy from Baghdad.
Video

Video In Rural Kenya, Pressure Builds Against Female Circumcision

In some Kenyan communities, female genital mutilation remains a rite of passage. But activists are pushing back, with education for girls and with threats of punishment those who perform the circumcision. Mohammed Yusuf looks at the practice in the rural eastern community of Tharaka-Nithi.

AppleAndroid