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We were pleased to see that many of these issues were mentioned in the U.S. delegation's public statement at the CG meeting in Tokyo, including the urgent need to end official impunity, to hold the Khmer Rouge leaders accountable, and to support -- politically and financially -- Cambodian NGOs and civil society. We especially welcomed the concerns raised by the U.S. delegation about the proposed law on NGOs.
The U.S. and others should press for specific steps to be taken by the Cambodian government: 1) Insist that the Cambodian government address the ongoing and unresolved cases of impunity. Press the Cambodian courts to prosecute those responsible for dozens of extrajudicial killings, torture and other serious abuses committed before and after the 1997 coup and in the months before and after the 1998 elections. Provide training and financial support for the development of a non-partisan and independent judiciary. 2) Call for the repeal of Article 51 of the Civil Servants Act, which provides that civil servants cannot be arrested or prosecuted for any crime unless their governmental department agrees in advance. This means that soldiers and police officers who commit human rights violations are effectively immune from prosecution. 3) Urge the government to cooperate in good faith with the efforts of Thomas Hammarberg, the Special Representative of the Secretary General for Human Rights, and the Commission of Experts appointed by the United Nations, to establish as quickly as possible an independent tribunal to put members of the Khmer Rouge responsible for acts of genocide, crimes against humanity or other grave human rights violations on trial as expeditiously as possible. 4) Speak up in defense of Cambodia's domestic human rights monitors, who face ongoing harassment and threats of arrest or violence for exposing abuses by the military and police, and provide funding for Cambodian non-governmental monitoring groups. Their efforts are crucial to help prevent future crimes against the Cambodian people, and to build institutions that promote accountability and the rule of law. 5) Call for arrest and prosecution of the murderer of an activist member from the human rights organization Adhoc in December 1998, and the immediate dismissal of the court case against two rights workers from the Cambodian human rights organization, Licadho, also in December 1998. The case against the Licadho workers clearly has no evidentiary basis and appears to be aimed at intimidating the local NGO community. This is a very worrying sign from a new government that claims to support freedom of association. 6) Urge the government to ensure that NGOs and associations have the legal right to continue operating through passage of legislation, created with the input of NGOs and other members of civil society, which does not create undue government restrictions or interference with the activities of NGOs and associations. 7) Continue to provide funding for local human rights organizations, not only to facilitate their activities but also to demonstrate international support for the work of local NGOs, thereby providing an increased measure of safety for Cambodian human rights workers. It should also maintain its support for the work of the Cambodia Office of the High Commissioner for Human Rights. 8) Set specific and enforceable conditions on aid for the upcoming commune elections, currently scheduled for late 1999, before providing financial assistance, in order to ensure the elections meet international standards and do not repeat the serious errors of last year's National Assembly elections. This will help ensure more equitable access to the media, a neutral and non-partisan national election commission, an adequate number of trained international and local observers, and a less violent political campaign. |
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