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Briefing Notes & Legal Analysis
Additional Submission to the Human Rights Committee in Advance of its Second Review of Cambodia
Released on 2015-02-19
According to article 31 of the Constitution of the Kingdom of Cambodia (“the Constitution”), as well as the July 2007 decision of the Constitutional Council (Decision No. 092/003/2007), international treaties are part of the national law and courts should take treaty norms into account when interpreting laws and deciding cases. However, CCHR has observed that while the Code of Criminal Procedure of the Kingdom of Cambodia 2007 and the Constitution appear to incorporate the intentions of the Covenant, on a practical level the judicial system does not take into consideration the provisions of any international conventions, and in many cases has not adhered to the provisions of the Covenant.
Briefing Note
Impunity in Cambodia
Released on 2014-11-02
Impunity means "without punishment" or "without consequence." In the Kingdom of Cambodia (“Cambodia”), perpetrators of human rights violations, often individuals well connected to the authorities, regularly go unpunished and victims never see justice. This culture of impunity directly threatens the rights to truth,1 justice and remedy,2 and promotes fear that stifles the right to freedom of expression.
Briefing Note
Children in the Cambodian Criminal Justice System
Released on 2014-10-26
Various international standards recognize that children accused of infringing the criminal law require special care and protection. Children accused of a crime are entitled to all fair trial rights that apply to adults, as well as to additional protections to reflect the fact that children differ from adults in their physical and psychological development. When administering justice to juveniles, States must have in place procedures to ensure that these rights and protections are adhered to and that the best interests of the child are considered at all stages of the process.
Briefing Note
Discrimination Against LGBT People in the Cambodian Legal Framework
Released on 2014-08-21
Although domestic law in the Kingdom of Cambodia (“Cambodia”) does not criminalize homosexuality, lesbian, gay, bisexual and transgender (“LGBT”) Cambodians face discrimination and abuse due to their sexual orientation and gender identity (“SOGI”), both at the hands of the State and within society in general. This is due in large part to the legal framework, which does not specifically protect LGBT people, failing to include SOGI in the list of prohibited grounds for discrimination. This impacts the way in which LGBT Cambodians are seen by society and contributes to fueling discrimination and marginalization.
Briefing Note
Freedom of Information and Legislative Transparency in Cambodia
Released on 2014-08-04
This Briefing Note focuses on the current lack of legislative transparency in the Kingdom of Cambodia (“Cambodia”). Laws are almost always drafted in secrecy, without the inclusion of relevant stakeholders. This results in frustration on the part of civil society organizations (“CSOs”), non-governmental organizations (“NGOs”), and regular citizens, who want – and are rightfully entitled to –meaningful consultation on the legal documents by which they will be forced to abide.
Briefing Note
The Failure of Land Dispute Resolution Mechanisms
Released on 2014-07-28
This Briefing Note considers the current state and practice of dispute resolution mechanisms in the Kingdom of Cambodia (“Cambodia”), which have been formed to address land disputes and conflicts arising from economic land concessions (“ELCs”) and land grabs by powerful individuals and companies. The first section of this Briefing Note gives an introduction to land rights abuses in the context of ELCs and land grabs, and discusses the relevance for studying land dispute resolution mechanisms in Cambodia.
Briefing Note
Three Draft Laws Relating to the Judiciary
Released on 2014-06-17
One of the fundamental principles of a democratic state is the principle of seperation and independence of powers between the legislative, executive and judiciary. Independence of the courts is a key element of the rule of law and guarantees fair hearings. As such, the 1993 Constitution of the Kingdom of Cambodia (the “Constitution”) establishes the independence of the judiciary and guarantees the principle of the separation of powers.
Legal Analysis
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