E/C.12/KHM/CO/1
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Committee notes with concern, the lack of effective remedies for violations of human rights
including economic, social and cultural rights, thereby undermining the State party's ability to
meet its obligations under the international human rights treaties that it has ratified including the
International Covenant on Economic, Social and Cultural Rights.
The Committee draws the attention of the State party to its general comment No. 9
(1998) on the domestic application of the Covenant, and recommends that the State
party take all appropriate measures to ensure the direct applicability of the
Covenant provisions in its domestic legal order, including the conduct of training
programmes for judges, lawyers and public officials. The Committee also requests
the State party to include in its next periodic report detailed information on
progress that has been made in this connection and on decisions of national courts,
tribunals or administrative authorities giving effect to Covenant rights.
13.
The Committee notes with concern the absence in the State party, of an independent
national human rights institution conforms to the Paris Principles relating to the status and
functioning of national institutions for protection and promotion of human rights.
The Committee strongly recommends that the State party, in accordance with the
Prime Minister's proposal of September 2006, expedite its efforts in establishing an
independent national human rights institution that conforms to the Paris Principles.
The Committee requests the State party to ensure that the envisioned national
human rights institution be mandated to protect and promote the provisions of the
Covenant, and that adequate financial resources be provided for its independent
operations. In this regard, the Committee urges the State party to seek the technical
assistance of the OHCHR Cambodia Country Office.
14.
The Committee notes with concern the reports on the lack of independence and
effectiveness of the judicial system, which hinders the full enjoyment of human rights, including
economic, social and cultural rights. The Committee is alarmed by reports that, despite the
efforts undertaken by the State party, corruption continues to be widespread, including in the
judiciary.
The Committee urges the State party to adopt its draft Anti-Corruption Law
without delay, and to intensify its efforts to modernize and improve the work of the
judiciary, including through a revamped Plan for Judicial Reform. The Committee
recommends that the State party intensify its efforts to prosecute cases of corruption
and review its sentencing policy for corruption-related offences. It also recommends
that the State party undertake training and capacity-building programmes for the
police and other law enforcement officers, prosecutors and judges, on the strict
application of anti-corruption legislation and measures, and to adopt effective
mechanisms to ensure transparency in the conduct of public authorities, in law and
in practice. The Committee requests the State party to provide in its next periodic
report, detailed information regarding progress that has been achieved, and the
difficulties encountered, in combating corruption.