Rights In Cambodia Research Articles

ПЕРСПЕКТИВЫ КАМБОДЖИЙСКО-АМЕРИКАНСКИХ ОТНОШЕНИЙ

The article evaluates the prospects of Cambodia-USA relations under President Joe Biden’s administration. The author shows that traditionally relations have been developing unevenly. Over the past decade the shape of bilateral relations has been strongly influenced by a third party – China. Cambodia’s close cooperation with China is viewed negatively by US officials. Since Cambodia’s foreign policy agenda for the next three years is highly likely to be determined by the country’s electoral cycles, Hun Sen has little room for manoeuvre, given the USA’s support of Cambodian opposition parties and harsh criticism of human rights in Cambodia. Under these circumstances Hun Sen feels compelled to increasingly lean towards China.

A Decade of Communal Land Titling in Cambodia: Achievements and Ways Forward

It is widely acknowledged that there are 24 indigenous groups (IPs) in Cambodia. These groups are concentrated in north eastern provinces of Ratanakiri, Mondulkiri, Stung Treng, Kratie and Preah Vihear, where they have lived for many generations. They are also present elsewhere in the country. IPs’ rights in Cambodia, particularly rights to land resources have been legally recognized in the Land Law 2001 (Article 23 to 28). Further, Sub-decree No. 83 (2009) on the ‘Procedure of Communal Land Title Registration’, aligned with the Forestry Law (2002), and the Protected Area Law (2009) provides detailed guidelines on how Indigenous Peoples may register communal land. During the early 2010s, a communal land titling project was piloted in two Indigenous communities in Ratanakiri and another in Mondulkiri province, with the assistance of the German Technical Cooperation Agency (GTZ) and Danish International Development Agency (Danida). These communities obtained communal land titles (CLTs) over a period between 2011 and 2013. Since 2013, the Royal Government of Cambodia has financially supported the CLTs through the Ministry of Land Management, Urban Planning, and Construction (MLMUPC). By December 2019, the MLMUPC had received 68 applications for the registration of communal land titles by different Indigenous communities. Of these applicants, 30 had received CLTs. After almost a decade of implementing CLTs registration project, Cambodia has performed relatively well within the Southeast Asian context in terms of recognizing the rights of Indigenous people to land resources. However, the land titling process needs to be simplified, if the time taken to issue CLTs is to be reduced. Technical challenges related to the preliminary mapping process often delay decisions about the allocation of land within protected areas to Indigenous communities.

The Contemporary Cambodian Constitutional Enforcement

Studies conducted on the constitutional law-making process have shown that public participation is a key element of the relationship between the government and its citizens, and legitimizes the whole process. The present paper discusses the relationship between the people and the government on the basis of the Cambodian Constitution, both de jure andde facto. As assessments, it takes the 1993 constitutional making process and the public’s participation thereto. This paper aspires to answer the following questions: firstly, how does the constitutional law-making process impact the exercise of constitutional rights in Cambodia, and, secondly, to what extent does public participation play a role in public affairs, especially insofar as the constitution and law making processes are concerned. It further suggests that the concept of meaningful public consultation on constitution and law making should be incorporated in the Cambodian Constitution.

Cambodia and the Asian Values Debate

In the run-up to the 2018 general elections, the Cambodian government severely restricted political and human rights, including dissolving the primary opposition party—the Cambodia National Rescue Party. Supporters of the government have articulated defenses of these restrictions, including a line of argument, which echoes the long-standing Asian values debate. This article will examine the purge of political and human rights in Cambodia in 2016-17, and will also assess the justifications for these restrictions.

Community rights in Cambodia: contradictions in discourse and practice

Community rights in Cambodia: contradictions in discourse and practice

Human Rights in Cambodia after the Khmer Rouge

This article will first consider the decline of human rights in Cambodia under the Khmer Rouge’s Democratic Kampuchea regime. This will be compared with the situation in the Vietnamese-backed regime which followed Democratic Kampuchea, and with the post-conflict regime that was established after the Paris Peace Agreements of 1991. In particular, it will examine the different ways Cambodians lost their human rights under the revolutionary socialist regime of Democratic Kampuchea, the postrevolutionary socialist regime of the People’s Republic of Kampuchea, and the neoliberal post-socialist conditions of contemporary Cambodia. The article will conclude with a consideration of the future of human rights in Cambodia.

The UN Human Rights Special Rapporteurs and the Impact of their Work: Some Reflections of the UN Special Rapporteur for Cambodia

AbstractAs one of only twelve UN country-specific mandate holders, and as the longest-serving UN Special Rapporteur for Human Rights in Cambodia, my work has had a significant impact on the situation of human rights in that country, with many of my recommendations having been implemented by the government. The Parliament of Cambodia has enacted three fundamental laws designed to enhance the independence and capacity of the judiciary, and has amended the Constitution of the country to make the National Election Commission a constitutional, independent, and autonomous body, in line with my recommendations. In this paper I examine the role of the UN country-specific mandate holders, the approach that I took to implement my mandate in Cambodia, and the impact of my work in that country.

A legal geography of property, tenure, exclusion, and rights in Cambodia: exposing an incongruous property narrative for non‐Western settings

AbstractThe scholarship of legal geography provides an alternative way of conceptualising human–environmental relationships. While laws determine access to and regulate use of land through practices of bounding and excluding, geographical studies provide insights into the way that both physical and social processes create places. The meeting of these perspectives is invaluable. Legal geography perspectives are coming of age in an era when transdisciplinary perspectives on human/nonhuman–landscape interactions are of core concern to wider land use policy considerations. This paper draws on legal geography scholarship about property framed around three key concepts (1) tenure security, (2) exclusion, and (3) rights to reveal the social complexity surrounding these issues. This complexity is magnified in non‐Western settings, and in this paper, the legal geography perspective of analysis is extended to a developing country context. Using Cambodia as the primary setting, this paper challenges the unquestioning exportation of a dominant ‘Western’ property model into non‐Western contexts.

HUMAN RIGHTS AND MEDIA: THE EXPERIENCE OF THE COMMISSION OF INQUIRY ON NORTH KOREA

Even in oppressive countries, those responsible for abuses of human rights normally perform their deeds of commission and omission in private, away from the glare of publicity. Publicity and news attention encourage supporters of global human rights to address the violations of human rights of peoples and individuals. They speak up and demand action. Secrecy is a cloak for terrible crimes and violations.This is why, in the current international situation, those with responsibility for the United Nations’ efforts to advance universal human rights, and to expose violators, have increasingly looked to the media (especially international media) to support their efforts. Between the time in the 1990s when I discharged a mandate as Special Representative of the Secretary-General for Human Rights in Cambodia (1993-6) and the more recent time in which I served as Chair of the Commission of Inquiry (COI) on alleged human rights violations in the Democratic Peoples’ Republic of Korea (DPRK) (North Korea) (2013-14), I noticed a significant change in the engagement of United Nations personnel with the media. A connection with media became more intensive, more time consuming and more professional. Moreover, it is supported from the top of the Organisation. The Secretary-General of the United Nations (Ban Ki-moon), the High Commissioners for Human Rights, other agency heads and mandate-holders have become much more willing to engage with media and much more skilful in doing so. By this I mean not only local newspapers, radio and television interviews but also international media and the new social networks, blogs, Reddit and the internet generally. Together these media can bring news, information and opinions of UN experts on human rights to an audience far wider than that which, in the past, had access to UN reports on human rights concerns.

Right to Development and Global Governance: Old and New Challenges Twenty-Five Years On

"Right to Development" (RTD) called for a fundamental transformation of global governance at its origin. This transformation would enable RTD's full realization by overcoming international barriers to greater influence for the voices of the developing countries in global economic and political decision-making and to more solidarity. Twenty-five years later, elements of that agenda have in fact been achieved, enabling greater voice and influence for some developing countries, while their very success has raised new challenges to global governance of the future. This article analyzes key challenges that arise to the future of the right to development due to the "rise of the rest" and concludes that a fundamental rethinking of RTD and alternative structural changes in global governance are needed to realize the moral and political ideals of the right to development.

Essentials of Law for Health Professionals, third ed., K. Forrester, D. Griffiths. Elsevier, Sydney (2010), ISBN: 978 0 7295 3915 9 (Pbk.) RRPAU$75.00 (On-line discount $67.50 from Elsevier EShop)

This excellent new edition updates the work of Associate Professor Forrester and Dr. Griffiths that is already very well regarded in the nursing and health care professions of Australia and New Zealand. Michael Kirby was, until 2 February 2009, one of the seven Justices of Australia's highest constitutional and appellate court, the High Court of Australia. He served there from his appointment on 6 February 1996. At the end of that service, he was Australia's longest serving judicial officer having been: A deputy president of the Australian Conciliation and Arbitration Commission 1975–1983; Inaugural chairman of the Australian Law Reform Commission 1975–1984; A judge of the Federal Court of Australia 1983–1984; President of the New South Wales Court of Appeal 1984–1996; President of the Court of Appeal of Solomon Islands 1995–1996; and a justice of the High Court of Australia 1996–2009. In addition to these posts, Michael Kirby has served in many international and United Nations positions including two expert groups of the OECD, Paris, many bodies of the Commonwealth Secretariat, London and positions in the ILO, UNDP, UNESCO, UNODC, WHO Global Commission on AIDS, and UNAIDS. He was President of the International Commission of Jurists 1995–1998 and served as Special Representative of the Secretary General of the United Nations for Human Rights in Cambodia 1993–1996. He has been a member of the governing body of three Australian universities, ultimately being elected as Chancellor of Macquarie University in Sydney 1984–1993. He holds honorary degrees of Doctor of Letters, Doctor of Laws and Doctor of the University from twelve Australian and foreign universities and various other appointments.

Burying Culpability: The Killing Fields (1984), Us Foreign Policy, and the Political Limits of Film-Making in Reagan-Era America

Burying Culpability: The Killing Fields (1984), Us Foreign Policy, and the Political Limits of Film-Making in Reagan-Era America

Disability and democracy in Cambodia: an integrative approach to community building and civic engagement

The political framework through which the various communities of disabled persons in Cambodia advocate for and claim their rights is complex and confusing. Both governmental and non‐governmental actors engage this political framework through the mobilization of persons from the various disabled communities, competing in the civic sphere through issue‐oriented advocacy in ways that seek to influence the process of democratic governance. While the status of disabled rights in Cambodia is still comparatively weak, it is argued here that this civic engagement has allowed disabled communities to find common cause with non‐disabled persons and groups in the project of deepening the roots of democracy in Cambodia. This article discusses the demographic composition of disability, the framework of political action that addresses disability issues and the practice of civic engagement and activism by disabled and non‐disabled communities in Cambodia.

Justice delayed or too late for justice? The Khmer Rouge Tribunal and the Cambodian “genocide” 1975–79

The Khmer Rouge under their leader Saloth Sar (“Pol Pot”) were in power in Cambodia between April 1975 and January 1979.1 They came into control of the country after a long and brutal civil war2 an...

Combining global and local forces: The case of labor rights in Cambodia

An innovative policy experiment in Cambodia links improvement of workers’ rights with increased orders and market access for the products of the country’s garment factories. The policy originated with the US–Cambodia Textile Agreement, which awarded Cambodia higher garment export quotas into the US market in return for improved working conditions and labor regulations. It has continued even after the expiration of the global garment quota system at the end of 2004. The agreement’s effectiveness has depended on the International Labor Organization, acting as a compliance monitor and government intervention, preventing some apparel producers from free riding on others’ improvements.

INTERNALLY DISPLACED PERSONS AND PROPERTY RIGHTS IN CAMBODIA

INTERNALLY DISPLACED PERSONS AND PROPERTY RIGHTS IN CAMBODIA Shaun Williams Shaun Williams * Cambodia Land Study Project, OXFAM, Phnom Penh. Search for other works by this author on: Oxford Academic Google Scholar * Cambodia Land Study Project, OXFAM, Phnom Penh. Author Notes Refugee Survey Quarterly, Volume 19, Issue 2, 2000, Pages 194–200, https://doi.org/10.1093/rsq/19.2.194 Published: 01 June 2000

Teaching Human Rights in Cambodia

Teaching Human Rights in Cambodia

Toward A Culture of Human Rights in Cambodia

Cambodia's recent history has been one of untrammelled human rights violations culminating in the genocide years of the Khmer Rouge. Therefore, it is not surprising that the activities of the United Nations Transitional Authority for Cambodia (UNTAC), which commenced work in the region on 15 March 1992, have reflected a pervasive concern with human rights. The protection and advancement of human rights are explicit in the Declaration on the Rehabilitation and Reconstruction of Cambodia, the final section of the Paris Accords of October 1991 which finally laid the basis for peace in the region: The primary objective of the reconstruction of Cambodia should be the advancement of the Cambodian nation and people, without discrimination or prejudice, and with full respect for human rights and fundamental freedom for all. The achievement of this objective requires the full implementation of the comprehensive political settlement. 1

Toward a Culture of Human Rights in Cambodia

Toward a Culture of Human Rights in Cambodia

Siam and France 1863-1870

Siam's immediate reaction to the signature on Aug. 11, 1863 of the French treaty of protectorate over Cambodia (see article by author in the previous issue of the Quarterly) was formally to protest to Drouyn de Lhuys in Paris and to Admiral de la Grandiere in Saigon, but by December it appeared as if she were reconciled to the fait accompli. The strategy of the Phra Klang was no longer to contest the protectorate but rather to diminish its importance. To this end he pretended to accept it as the means by which France sought to guarantee Cambodia in the future in a state of equilibrium between herself and Siam. In a letter to Grandiere he said that no one would deny that Cambodia was an independent state. He expressed his regret for having charged the Admiral with intimidating Norodom. The translation of Norodom's letter, said he, had probably been faulty in giving the impression that he had been intimidated. The Phra Klang further acknowledged that France had succeeded to the place of Annam in Cambodia but at the same time reminded Grandiere that Siam had exercised the rights of a suzerain in Cambodia over a long period. This prolonged relationship between Siam and Cambodia entitled Siam to be consulted by France before the making of a treaty, and Siam should have been consulted. It was his hope that the Cambodians would not be encouraged by the establishment of the protectorate to deny to Siam her just rights in Cambodia and that France would continue to respect these rights.