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Briefing Notes & Legal Analysis
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
The Criminalization of Defamation and Freedom of Expression in Cambodia
Released on 2014-05-27
This Briefing Note outlines the domestic and international legal framework regulating the criminalization of defamation in the Kingdom of Cambodia (“Cambodia”). The Royal Government of Cambodia (“RGC”) uses the defamation provisions of the Cambodian Criminal Code 2009 (the “Criminal Code”) as a tool to crack down on the exercise of free speech by journalists, the political opposition and human rights defenders and activists. The criminalization of defamation further stifles the right to freedom of expression in Cambodia, where the right is already under threat, and thus violates the RGC’s obligations to its citizens under the Constitution of the Kingdom of Cambodia (the “Constitution”) and international law.
Briefing Note
Judicial Reform
Released on 2014-05-12
This Briefing Note outlines the current state of the judiciary in the Kingdom of Cambodia ("Cambodia"), analyzes shortcomings in the functioning of the judiciary and courts, and offers recommendations for reforms which would substantially benefit the functioning of the judiciary and facilitate greater judicial independence in Cambodia
Briefing Note
Freedom of Association for Unions
Released on 2014-04-17
This Briefing Note focuses on the right to freedom of association for unions in the Kingdom of Cambodia (“Cambodia”), through examining the current status of freedom of association in the country; considering the drafting of the Law on Trade Unions (the “Law”), which the Royal Government of Cambodia (the “RGC”) has pledged to adopt by the end of 2014; and offering concrete recommendations to the RGC on the draft Law to ensure it complies with international human rights standards and guarantees the right to freedom of association.
Briefing Note
Cambodia: Freedom of Assembly “on hold”
Released on 2014-04-08
This Briefing Note focuses on freedom of assembly in the Kingdom of Cambodia (“Cambodia”), and the current unlawful ban on all assemblies, announced by the Ministry of Interior of the Royal Government of Cambodia (the “RGC”) on 4 January 2014.
Briefing Note
CCHR Briefing Note Land Reform
Released on 2014-03-28
This Briefing Note provides an overview and analysis of how the Kingdom of Cambodia’s (“Cambodia”) recent history has adversely affected the development of land ownership and registration; discusses the structural, legal and societal causes behind the dispossession of land; considers how the Royal Government of Cambodia (the “RGC”) has both failed to safeguard human rights and actively violated those rights; and offers recommendations aimed at addressing these issues.
Briefing Note
”Where is My Justice?”
Released on 2014-03-24
Immediately following the contested National Assembly (“NA”) elections, which took place on 28 July 2013, Cambodian people were able to exercise their right to freedom of assembly in an unprecedented manner. However, on 15 September 2013, security forces resorted to their old tactics and have since repeatedly and disproportionately used excessive force to crack down on protesters. The post-election violence has already led to the death of six persons, the disappearance of at least one individual and to dozens of injured. However, while protesters have been arrested and are currently facing charges, an independent investigation into the excessive use of force by Cambodian security forces has yet to take place.
Briefing Note
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