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Legal Analysis
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Briefing Notes & Legal Analysis

CCHR’s Analysis and Key Recommendations on LANGO

Released on 2015-07-22
On 5 June 2015, the Council of Ministers approved the fifth draft of the Law on Association and Non-Governmental Organizations (“LANGO”). After minor changes were made to the text, including the creditable elimination of the 25% budget cap on administrative costs, the draft was sent to the National Assembly in mid-June.
Legal Analysis

States: Ensure Participation and Protection for Activists in Business and Human Rights Treaty Discussions

Released on 2015-06-29
Geneva) - A forthcoming UN process to develop binding norms in the field of business and human rights should provide protection and space to contribute for human rights activists, a broad coalition of civil society groups say in a major new report. The report, submitted to the first session of the ‘Intergovernmental Working Group on transnational corporations and other business enterprises with respect to human rights’, makes concrete recommendations to the Chair of the Working Group and States to put human rights defenders at the centre of the process of elaboration, and the substantive content, of a treaty on business and human rights.
Briefing Note

CCHR LANGO 5 the Draft Analysis

Released on 2015-06-17
On 5 June 2015, the Council of Ministers discussed and adopted the fifth draft of the Law on Association and Non-Governmental Organizations (“LANGO”). The fifth draft has not been publicly circulated and was leaked to civil society organizations (“CSOs”) after the adoption of the text.
Legal Analysis

The situation of Human Rights Defenders in Cambodia in 2014

Released on 2015-04-01
Despite protecting human rights defenders (“HRDs”) falling under the protection of legally binding international instruments, such as the International Covenant on Civil and Political Rights (“ICCPR”), many HRDs in the Kingdom of Cambodia (“Cambodia”) remain at high risk of a plethora of threats including arbitrary arrest and detention, physical violence and murder, and threats and intimidation and harassment. The reluctance of the Royal Government of Cambodia (the “RGC”) in protecting HRDs, but moreover its active role in restricting their rights represents a breach of the state’s obligations to respect, protect and fulfill human rights and dangerously restricts the environment in which HRDs operate.
Briefing Note

Additional Submission to the Human Rights Committee in Advance of its Second Review of Cambodia

Released on 2015-03-11
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
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