Universal Periodic Review Report 2009

Interactive Dialogue, Major Recommendations, Responses and Personal Analysis of UPR on Cambodia (Last Review)
 
      Section I – Introduction:
The first Universal Periodic Review (UPR) on Cambodia was conducted by the UN Human Rights Council in its working Group session held on Tuesday December 1st 2009 at the Palais des Nations in Geneva, Switzerland. The UPR is a new mechanism that allows a review of the human rights records of all 192 UN Member States once every four years. During yesterday’s three-hour proceedings, the Cambodian delegation led by Mr. Ith Rady, Secretary of State of the Ministry of Justice together with Ambassador Sun Suon of the Permanent Representative of Cambodia to the UN in Geneva, presented the achievements and developments with regard to the Human Rights situation in the country, extensively focusing on its poverty reduction strategies and its particular plans. The Cambodian delegation, however, attempted to emphasize in a frank and substantive manner “its own historical and socioeconomic context” as a least developed country in a post-conflict situation, which causes human rights related challenges.
Section II: Reactions and Recommendations of Key persons from various I NGOs, NGOs and UN Agencies.
  1. FIDH’s Reaction:
“We call on the Cambodian authorities to publicize and disseminate widely this report and to ensure its follow-up. We will be closely monitoring whether Cambodia takes genuine steps to implement the recommendations contained in the report” said Souhayr Belhassen, President of the International Federation for Human Rights (FIDH).
  1. ADHOC’s Reaction:
“We cannot but question whether Cambodian delegation was serious when expressing its hope that Extraordinary Chambers in the Courts of Cambodia (ECCC) will become a model court for future judicial systems not only in Cambodia but also for the world. The ECCC have faced persistent allegations of corruption and political interference undermining the independence of their work. We appeal to the Cambodian government to sincerely address these problems” said Mr.Thun Saray, President of the Cambodian Human Rights and Development Association (ADHOC)
  1. Human Rights Watch- Geneva Office’s reaction:
Julie de Rivero, advocacy director for Human Rights Watch in Geneva, said that she was disappointed by the Cambodian government’s response to concerns raised during the review. “I think the focus needs to be on what other governments are pushing Cambodia to do”, she emphasized. Therefore, she said that she was pleased with the recommendations made by the UN members at the meeting, particularly the calls for a moratorium on evictions. “The government raised almost all the key issues,” she said.
  1. FORUM ASIA’s Reaction
“We welcome those pin-pointing recommendations with regard to the situation of freedom of expression in the country we deeply regret however that the Cambodian delegation merely repeated that freedom of expression is enshrined in the constitution as one of the fundamental rights while asserting that the government would not tolerate​ social disorder or endangering national unity and security we do not see how human rights defenders who are protecting fundamental rights such as land and housing rights with peaceful means, can be perceived as a threat to social order or national security” said Mr. Yap Swee Seng, Executive Director of the Asian Forum for Human Rights and Development (FORUM-ASIA). He also added “we call on the ASEAN Intergovernmental Commission on Human Rights (AICHR) to assist and monitor the implementation of the UPR Working Group’s recommendations on the Cambodian government.”
  1. SAM RAINSY PARTY’S Reactions:
Opposition party president Sam Rainsy said that he was also satisfied with the process so far. “Friendly democratic countries raised all the most relevant and topical issues – corruption, judiciary, land evictions, worker’s rights, etc,” he said. “Moreover, France, Germany and Canada also raised the issue of Members of parliament being stripped of their parliamentary immunity,” Mr. Rainsy added.
  1. Reaction of the UN Special Rapporteur for Human Rights in Cambodia
“The most important thing is its own mandate, which is comprehensive and far-reaching” said Surya Subedi, the UN Special Rapporteur on human rights to Cambodia. “The UPR is a relatively new mechanism, but it already has delivered some positive results for people around the globe”.
  1. Reaction of the director of the UN’s Office of the High Commissioner for Human Rights in Cambodia.
Mr. Christophe Peschoux, director of UNOHCHR in Cambodia said improvements in the human rights situation are largely contingent on the government’s actions. He also added “It’s not just a one off exercise, the UPR is one moment in a process. But what matters more is the extent to which the government takes the council’s recommendations into account.”
  1. Reaction of the president of LICADHO:
“The concerns of the international community regarding the growth of forced evictions in Cambodia are unequivocal. The Cambodian authorities must immediately adopt a moratorium on evictions, until they are able to guarantee that all relocated families are effectively granted housing and appropriate compensation” said Dr. Pung Chhiv Kek.
  1. Reaction of Brittis Edman, a researcher for Amnesty International
Ms Edman said“It is crucial that forced evictions and housing rights are discussed and are reflected in the outcome report. It is also important that reviewing states call on the government to enact and enforce legislation clearly prohibiting forced evictions.”
Section III: Interactive dialogue and responses by the state under review:
During the interactive dialogue, statements were made by 53 delegates. A member of them thanked the Government for its national report, its presentation and for responses to advance questions. Several states also commended Cambodia’s cooperation with international human rights mechanism, including the Special Rapporteur and the OHCHR, and Cambodia’s accession to major human rights instruments. Some also noted Cambodia’s efforts to overcome the legacy of its tragic past and to establish democracy, build around the principles of the rule of law and good governance. Also noted was the country’s development in the past decades in terms of stability, economic growth and respect for human rights.
1. Myanmar noted Cambodia’s openness with acknowledging its human rights challenges such as a weak social security net for workers and a high rate of rural poverty. Myanmar welcomes Cambodia’s initiatives to reduce poverty with the Rectangular strategy and the National Strategic Development plan and its achievements in this regard.
2. Brunei Darussalam was encouraged by Cambodia’s efforts to develop institutional frameworks for human rights and poverty reduction, as well as legal and judicial reforms. Brunei expressed appreciation for Cambodia’s cooperative approach within the ASEAN and for helping build a strong ASEAN Commission on Human Rights.
3. Sweden was concerned about reports of displacements, accompanied by legally doubtful land concessions, of evictees forced to resettle far from their original homes, and of human rights monitors denied access to sites. Sweden noted the need for legal reforms and an independent and impartial judiciary. The country affirmed that the Government should avoid instructing judges on specific cases and undertake measures that influence them. Sweden also expressed concerns about corruption, access to public service, women’s rights, and human trafficking.
4. Belgium applauded the dialogue with civil society and encouraged Cambodia to pursue its efforts. It welcomed the current trial against Duch and hoped that the Extraordinary Chambers would play an important role for the respect of human rights and the fight against impunity. Belgium noted with concern cases of political influence and corruption in the Extraordinary Chambers. It inquired about the evaluation of their work and measures to guarantee their independence.
5. Canada underscored Cambodia’s commitment to civil and political rights but expressed concern about the use of courts to limit freedom of expression and political freedom, and the lifting of parliamentarian immunity of opposition members. Canada noted Cambodia’s resolution to establish good governance, democracy, and respect of human rights and stated that peace and stability, reconstruction and economic development go together with human rights.
6. Singapore noted progress in areas such as infrastructure development, healthcare, education, poverty reduction and rural development. It recognized Cambodia’s ongoing dialogue and cooperation to implement a public sector reform. It noted the positive impact of Cambodia’s focus on human resources development and stated that it is only by promoting best practices and changing mindsets in the public sectors that future reforms can be effective.
7. Malaysia was pleased to note that Cambodia is moving ahead with its development strategy encompassing economic growth, poverty reduction and human resources development. It was particularly encouraged to note Cambodia’s serious efforts in combating violence against women, including domestic violence, and trafficking in women and children.
8. The Lao People’s Democratic Republic welcomed Cambodia’s progress in recovery effort and in implementing its National Strategic Development Plan and in human rights, legal and judicial reform and land reform. It welcomed the establishment of institutions to promote and protect human rights, hoping that Cambodia would continue to fulfill its obligations and overcome the challenges of poverty.
9. Brazil noted the activities of the Extraordinary Chambers, democratization efforts, judiciary strengthening, poverty reduction, pursuit of sustainable development and abolition of the death penalty. It asked about the fulfillment of children’s rights, women’s rights, measures against discrimination, as well as economic, social and cultural rights, with attention to the rich-poor gap, urban-rural inequality and land use.
10. The United Kingdom of Great Britain and Northern Ireland welcomed Cambodia’s emphasis on strengthening governance, judicial reform and equal enforcement of the law. Recognizing that a defamation law protects privacy and reputation, it noted however that freedom of opinion and expression must be respected. It recognized that land disputes should be resolved to give rural poor access to land titles. It asked about building on civil society consultation as part of the follow-up and about planned reforms of the legal and judicial system.
11. Indonesia commended the establishment of the Cambodian Human Rights Committee and the Senate Complaints Commission, noting that these institutions were further strengthened through the Rectangular Strategy. Indonesia also noted the importance Cambodia attached to setting up adequate structures for the protection of vulnerable groups, expressed appreciation for the Government’s openness about the difficulties and challenges faced.
12. Japan commended efforts for development and improving people’s lives. It was encouraged by and supported Cambodia’s efforts to protect and promote human rights and democracy. Japan appreciated progress made on the Khmer Rouge Tribunal.
13. France regretted that steps taken to strengthen the rule of law neither fully guarantee the independence of judges, nor the right to a fair trial. As to the frequent lifting of immunity of opposition parliamentarians, France asked about measures to ensure that freedom of expression complies with international standards. It noted a high degree of violence against women and girls despite adopted legislation.
14. The Netherlands noted reports of corruption and political interference in the Extraordinary Chambers and interference in the Constitutional Council and the Supreme Council. Taking note of efforts in the area of land ownership and reform, it observed lawfully doubtful land concessions, land grabbing and forced evictions. It noted that a more equal distribution of wealth and opportunities would enhance economic, social and cultural rights. It welcomed the National strategic Development plan 2006-2010, but noted public expenditure stood at 3.5 percent of GDP.
15. Viet Nam, noted Cambodia’s great efforts and recorded achievements in national reconciliation, reconstruction and socio-economic development. It commended the reforms undertaken in political stability and security, education, health, poverty alleviation, anti-corruption, land use, advancement of women’s rights and other vulnerable groups.
16. China welcomed the establishment of the Human Rights and Receipt of Complaints Commissions, and the National Human Rights Committee. It noted Cambodia’s rather week social economic foundation, which must be considered when assessing the human rights situation. It commended the Rectangular Strategy and the National Strategic Development plan, which have accelerated economic growth. China asked about progress made within the reform and how it was impacting on the protection of human rights.
17. The Russian Federation, while acknowledging the problems and challenges faced by Cambodia, commended efforts to ensure recovery, implementation of a policy for national reconciliation, support for societal stability as well as high rates of economic growth and improved living standards.
18. Thailand noted the legal and judicial reforms which will intensify the implementation of the core international human rights instruments and will help strengthen the rule of law. It welcomed the Rectangular Strategy and National Strategic Development Plan and the clearance of landmines. It congratulated Cambodia for recognizing that more needs to be done to meet the rising expectations of its people.
19. The Philippines noted underdevelopment and resource constraints persist, as well as Cambodia’s commitment to human rights, its openness and cooperation with the international community, including the Council and treaty bodies. It applauded Cambodia’s decision to establish an independent national human rights institution. It noted that improving literacy and quality of education is a challenge and observed Cambodia’s measures to curb violence and sexual exploitation of women and girls.
20. The Republic of Korea noted Cambodia’s efforts, especially in the social, economic, political and cultural fields. It shared treaty body concerns about the lack of judicial independence and impunity. It asked about strategies to address these concerns. It took note of stakeholders’ submissions, referring to public education initiatives that produced an attitude change towards persons with disability.
21. Denmark expressed concern at allegations of the use of torture and other ill treatments, land pre-trial detention, and, as noted by the Committee against torture, the general atmosphere of impunity. It inquired about measures taken to address impunity and the lead time for the establishment of an independent National Preventive Mechanism to directly receive and investigate complaints of torture.
22. Switzerland noted with concern forced and illegal evictions, as well as land confiscation without adequate compensation. It considered corruption to be a major obstacle to development. It applauded Cambodia’s judicial reform and measures taken to fight impunity for past human right violations. It referred to the issue of freedom of expression and of the press and noted that the new criminal code still provides for offenses of defamation.
23. Australia acknowledged Cambodia’s advances in strengthening institutional capacity and legal frameworks. It welcomed Cambodia’s commitment to strengthening the rule of law and good governance. While welcoming also its commitment to freedom of expression, Australia asked how Cambodia intended to apply this concept to civil society, media representatives, political commentators and political figures and acknowledged the complexity of land issues.
24. India welcomed the Extraordinary Chambers’ achievements and the recent elections at community level. India expressed appreciation for Cambodia’s prioritization of poverty reduction through its National Strategic Development Plan, in particular its education component. It remained concerned about the drop-out rate, particularly amongst girls. India echoed the CESCR’s concerns on the absence of an anti-discrimination legislation for persons with disabilities. It was encouraged by Cambodia’s decision to ratify the CRPD and its intention to establish a national human rights institution in compliance with the Paris Principles.
25. Bhutan welcomed Cambodia’s strategies to achieve greater human development. It recognized the challenges and constraints faced by Cambodia due to its history, but cited with appreciation notable progress made in recent years in Cambodia’s socio-economic and political development.
26. While citing progress made in rebuilding Cambodia’s judiciary and eliminate judicial corruption, the United States of America noted allegations of corruption. It noted that, once passed, the anti-corruption law should be effectively and consistently implemented. It called for further efforts to eliminate the worst forms of child labour and to protect workers’ rights. It noted also that freedom of association is limited, anti-union discrimination and violence against trade union leaders goes unpunished.
27. New Zealand acknowledged Cambodia’s progress in some areas, including in poverty reduction and landmines clearance. It remained concerned, however, about reports of restrictions on the freedom of expression, including access to the media, and limitations on freedom of the press and freedom of assembly, as well as on the work of civil society. It also expressed concern about reports of large-scale evictions and increasing conflicts over land. While noting positive efforts to establish an independent judiciary, it remained concerned about reports of corruption and inefficiency within the judiciary. New Zealand welcomed Cambodia’s signature of the Convention on the Rights of Persons with Disabilities in 2007.
28. Germany noted with concern reports on the intimidation against human rights defenders non governmental organizations and the media and human right defenders, and in some cases lifting of immunity of parliamentarians, in order to prevent them from raising their voice to protect human rights violations. With regard to the freedom of expression and Cambodia’s concepts of defamation and disturbance of public order, Germany inquired as to how Cambodia reconciled such restrictive approaches with the obligations it entered when ratifying the ICCPR.
29.              Austria noted that discrimination against women and traditional perceptions were still widespread, and that women were affected by sexual and domestic violence. It asked about plans to improve women’s access to employment and to address the impunity of rapists. It also noted several reported cases ​of intimidation and violence against trade unionists, staff of non governmental organizations and journalists and asked about plans to ensure proper investigation and prosecution of those responsible. Austria commented on the so-called “clean-up operation” by which poor people living on the streets ware arbitrarily arrested and detained in rehabilitation centers. Comments were also made on the use of excessive force by police and soldiers during evictions taking place outside a proper normative framework.
Section IV: Major Recommendations or Conclusions for Cambodia:
1)      Widen its consultation process on the development of policies, regulations and laws to ensure that all legislative instruments are assessed as to their positive and negative impacts on human rights. (United Kingdom)
2)      Continue its efforts to establish a national human rights institution in accordance with the Paris Principles, which would strengthen the human rights infrastructure within the country. (Thailand)
3)      Advance the process of establishing an independent national human rights institution in a pragmatic manner and in consultation with all relevant actors. (The Philippines)
4)      Build on progress towards the establishment of an independent national preventive mechanism with the necessary mandate and resource to fulfill its obligations under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. (Denmark)
5)      Reinforce relevant institutional capacity to maximize the implementation of its five-year plan (2006-2012 for the elimination of the worst forms of child labour).
(United States)
6)      Continue strengthening its reforms programs in all sectors to guarantee human rights and freedoms enshrined in the Constitution of Cambodia. (Brunei)
7)      Redouble its efforts and resources to reach the target sets by the United Nations Millennium Development Goals for the improvement of the political, economic, social and cultural rights of the Cambodian people. (Malaysia)
8)      Continue its efforts to combat poverty, ensure sustainable development, improve access to health care and education, and achieve the Millennium Development Goals. (Russian Federation)
9)      Promote human rights education and training at all levels, including for Government officials, in order to raise awareness about human rights for all. (Thailand )
10) Further strengthen its advocacy efforts to enhance public awareness of human rights in general and the human rights of vulnerable groups, including women, children, the disabled, the elderly and indigenous people. (Republic of Korea).
11) Grant the requests made by the Special Rapporteur on the independence of judges and lawyers in 2006, 2008 and 2009 to visit the country (Netherlands), approve the request for a visit by the Special Rapporteur on the independence of judges and lawyers. (Norway)
12) Increase its effort in promoting women’s empowerment and capacity-building through public awareness, education and skill training. (Malaysia)
13) Adjust detention and prison facilities as well as standards of treatment so that they are gender-sensitive and ensure effective protection of the personal safety of all detainees and prisoners. (Czech Republic)
14) On sexual violence against women, undertake due and timely investigations of all reported cases, punish the perpetrators and implement necessary rehabilitation programs for the victims; intensify Government efforts to raise public awareness against this negative phenomenon and to fight persistent traditional stereotypes.(Slovakia)
15) Sensitize police officers and law enforcement officials and take measures to effectively prosecute sexual and domestic violence. (Austria)
16) Deepen its actions in fighting against child prostitution and trafficking of minors (Spain)
17) Continue to take the necessary measures for effectively fighting human trafficking and child labour. (Germany)
18) Adopt a law against corruption. (Switzerland)
19) Swiftly review and pass the anti-corruption law, which would subject public officials to financial disclosures. (United States)
20) Implement anti-corruption legislation through an independent and non-partisan anti-corruption commission. (Ireland)
21) Take further measures to proceed with its judicial reform, to address land issues and to combat corruption, as these are important for the promotion and protection of human rights as well as the consolidation of democracy. (Japan)
22) Take measures to ensure everyone’s equal access to justice, in accordance with international standards. (Sweden)
23) Elaborate an action plan for ensuring free access to the electronic media and for liberalizing the electronic media ownership rules. ( Hungary)
24) Commit itself to respecting freedom of expression and opinion for all, in particular for members of the opposition. (Canada)
25) Re-examine the modalities for lifting parliamentarian immunity to ensure that this practice does not contravene to the principle of pluralism and respect for freedom of expressing. (France)
26) Continue making efforts to increase the political participation of women, the percentage of women and young people in positions at all levels of society and the participation of women in the labour market under equal conditions (Bosnia and Herzegovina)
27) Strengthen efforts to protect freedom of expression and the rights of all human rights defenders, including those working on land rights issues, to conduct their work without hindrance or intimidation, including by way of safeguarding freedom of assembly and association. (Sweden)
28) Facilitate the work of non-governmental organizations and other relevant civil society groups in the country. (Italy)
29) Develop a policy to protect human rights defenders. (Brazil)
30) In line with a previous recommendation made by the Committee on ESCR, adopt effective measures to combat the culture of violence and impunity and to better protect human right defenders, including indigenous leaders and peasant activists. (Germany)
31) Effectively investigate and prosecute crimes and violations against human rights defenders and punish those responsible. (Norway)
32) Ensure that the draft law on non-governmental organizations does not make their working conditions more difficult and respect their freedom of expression and association. (France)
33) Guarantee the independence of the extraordinary chambers and allow them to prosecute and try offenders other than those already indicted. (Belgium)
34) Take effective measures to ensure the freedom of expression and opinion by amending the press law that allows for a broad interpretation of the vague term “humiliation of national institutions” and authorizes censorship, the suspension of publishing and imprisonment under the disguise of national security and political stability. (Israel)
35) Take all necessary measures to ensure that the trade union rights of workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security and their lives. (United States)
36) Establish labour counts in an effort to guarantee respect for worker rights and to provide legal and efficient solutions to labour disputes, and revise the law on trade unions. (United States)
37) Intensify its engagement with the international community to share its experiences in strengthening good governance and the land reform programme with a view to effectively fulfilling the Government’s duties with accountability and pursuing equitable and efficient management of the distribution and utilization of land (Germany)
38) Put an end to forced evictions, notably by improving the application of the land law of 2001, ensuring a better verification of land titles and guaranteeing strengthened protection of the population affected by the expropriations, which implies prior consultations, a search for alternative solutions to expropriations, offers of re-housing and appropriate compensation of evicted persons. (France)
39) Continue to prioritize the issue of land evictions and to work with the Special Rapporteur to ensure an end to forced evictions and to fulfill its obligations of respect and protection of human rights for all Cambodians, including individuals belonging to indigenous groups. (Ireland)
40) Undertake a transparent and fair process to determine the conditions and procedures of involuntary relocation. (Canada)
41) Enter into a dialogue with the civil society organizations concerned with how to address incidents of unlawful land-grabbing and evictions. (Netherlands)
42) Promote and protect the rights of vulnerable people, the right to education and the right to development to bring down poverty in urban and rural areas simultaneously while maintaining peace, stability and protection of the environment. (Lao People’s Democratic republic)
43) Close the so-called rehabilitation centers, where poor people living on the streets are being arrested and held, and pursue adequate social policies that address the problems of the concerned socially disadvantages groups. (Austria)
44) Continue efforts in allocation of more resources to ensure the betterment of economic and social rights of citizens, in particular in the areas of poverty reduction, urban-rural equality, education, public services, etc. (Vietnam)
45) Further strengthen the law reforms and policy aimed at protecting the people’s rights and for the betterment of the poor and other disadvantaged groups. (Vietnam)
46) Because education is a vital tool for national development, give more emphasis to the education sector in order to gradually transform it into a quality and advanced education system. (Myanmar)
47) Through appropriate international assistance, seek to strengthen its educational system and education for all programs, including for women and persons with disabilities. (Philippines)
Section V: Cambodian delegation’s responses to all recommendations and concerns of all countries: 
 
1)      In its responses, the Cambodian delegation highlighted that land issues are among the priorities in its national agenda. The delegation explained the objectives of the 2001 Land Law, inter alia to determine ownership, apply the law through negotiation with the rightful private owners to avoid litigation, and find solutions providing evictees with appropriate compensation or relocation. Cambodia established a national authority for the solution of land disputes in 2006. The policy and legal framework for effective implementation of the land law has been developed and approved by sub-decrees, and the draft policy on a land evaluation system. The council of ministers also recently announced the creation of a working group to find satisfactory solutions for land owners and land occupants prior to evictions.
2)      The land disputes resolution mechanism has so far resolved 1,400 cases. There are continuous efforts to improve and implement land registration procedures for systematic and sporadic titling. The delegation also reported progress in transparency and accountability. Immediate challenges ahead were to curb further illegal land occupancy and land concentration for unproductive purposes. Priority is given to people needing land for building houses and for forming, taking into account the needs of vulnerable groups.
3)      On freedom of expression, the delegation reiterated that Cambodians have largely enjoyed this right in the past and in the present. However, citing article 19(3) of the ICCPR, it noted that Cambodia could accordingly impose restrictions to this right. Cambodia appreciates the expression of all views, including criticism, which would positively contribute to the promotion of democracy and human rights.
4)      In response to the questions on the Extraordinary Chambers, Cambodia remarked that they were the products of negotiations between Cambodia and the United Nations. The Extraordinary Chambers are an hybrid Cambodian court with international participation, thus contributing to the strengthening of the court system in Cambodia. Between January and February 2009 a mutual understanding was reached concerning the strengthening of the structure and the administration of the Extraordinary Chambers, and it was hoped that it would become a model court. The delegation noted that the first trial would close at the end of the present year, and the second case would resume at the beginning of 2010.
5)      Cambodia thanked all delegations for their constructive participation and it acknowledged that there are issues in Cambodia, like all other countries, requiring more attention and further action. The delegation gave its assurance that the comments, suggestions and recommendations had been duly noted and would be fully submitted for consideration by the Government.
Section VI: Personal Analysis
1)      During the UPR sessions, Cambodia’s human rights record seemed good because it contained mainly the Government’s achievements and efforts for the promotion and protection of human rights, as well as working plans for the future.
2)      It contains the record of the consultation with NGOs before the UPR session in Geneva. However, the consultation with NGOs has been superficial, patchy and cursory. Hence, the draft Government report was released on Friday and the consultations with NGOs started the next Monday, thus leaving no time for thorough revision.
3)      However, Cambodia’s presentation at the HRC described only its successes without acknowledging any shortcomings. The government highlighted the overall reduction of poverty but failed to address the increase of poor and land less people caused by forced eviction, economic land concession and, worst of all, the land grabbing of some rich and powerful individuals and companies.
4)      Avoiding the weaknesses of Malaysia’s first UPR session, (Too much praise, too little progress; 44 out of 60 countries that were to able speak were “ friendly” countries coming to admire and congratulate Malaysia on her national report!), foreign missions from democratic countries began leaving earlier to register to speak. As a result, the majority of speakers were democratic countries able to express concerns, ask relevant questions and give very good and valuable recommendations to Cambodia’s delegation. During Cambodia’s UPR session almost every country, even the ex-communist countries and “friendly” countries of Cambodia (including China, Russia, Vietnam, Laos and even Myanmar!) did not give much praise to Cambodia’s human rights record. Actually, they expressed concerns and gave comments and recommendations to the majority of Cambodia’s sectors, policies and reform programs, with the exception of Cuba and Brunei who congratulated and submitted the least concerns and recommendations for Cambodia’s improvement.
5)      Only France expressed concerns and gave recommendations in relation to the draft law on Non-Governmental Organizations (NGOs law) by recommending Cambodia to “ Ensure that the draft law on non-governmental organizations does not make their working conditions more difficult and that it respects their freedom of expression and association”.
6)      The United States of America had the least praise for Cambodia’s human rights achievements. It noted allegations of corruption, particularly in the judicial sector, and urged Cambodia to adopt the Anti-corruption law and to effectively and consistently implement it. It strongly criticized the discrimination and violence against trade union leaders which continues to go unpunished and would like to see the establishment of labour courts.