Cambodia sets out path to establish NHRI

The establishment of a national human rights institution (NHRI) for Cambodia has taken another step forward, with government and civil society representatives meeting earlier this month to listen to the experiences of others in the region and prepare an action plan to set up the proposed body.

"Cambodia's national human rights institution will not only contribute to the improvement of human rights in the country, but also in the region through its engagement with ASEAN," said Pa Nguon Teang, secretary general of the Cambodian Working Group (CWG) for an ASEAN Human Rights Mechanism.

The two-day regional conference, organised by the CWG and the Cambodian Government’s Committee on Human Rights, involved over 100 local and international participants, including representatives from ASEAN NHRIs, the United Nations, the European Commission and the Southeast Asia Regional Cooperation in Human Development.

The conference, which built on a previous meeting in 2006, gathered ideas on the mandate of the proposed NHRI; examined the existing draft enabling legislation; and discussed the importance of ensuring its independence, in accordance with the Paris Principles.

Participants agreed that the NHRI should have a broad mandate that covered both the protection and promotion of human rights.

Some said the NHRI should be given prosecutorial powers to compensate for perceived deficiencies in the Cambodian judicial system. However, others cautioned against placing expectations on the NHRI to be a solution for broader institutional problems and suggested instead that it should have the power to refer cases to the courts for prosecution, rather than being empowered to act as a court.

Representatives from Thailand and the Philippines shared the experiences, challenges and lessons learnt from establishing NHRIs in their respective countries. Both national institutions were seen as positive role models for a future Cambodian NHRI.

In addition, the Asia Pacific Forum – represented by Suraina Pasha, Project Manager, Regional Training – was invited to deliver a presentation on the core elements of the Paris Principles. She also discussed the APF’s role to provide practical support and advice for the establishment of NHRIs in the region, most recently in Bangladesh and Pakistan.

At the conclusion of the conference, Pa Nguon Teang said further meetings would be held with key stakeholders to establish a timetable for finalising a draft enabling law for the NHRI and submitting it to the National Assembly for consideration.

"All the participants agreed on the establishment of the NHRI, but there are still points that we need to discuss," he added.

Dr Kek Galabru, president of local human rights group Licadho, said the commitment of the government to fully implement the law governing the NHRI's operation would be vital.

"We discussed a lot about how we can make sure it will be independent," she said, adding that Prime Minister Hun Sen had lent his support to the NHRI in 2006.

"It depends firstly on the political will of the government."