United Nations

A/51/453


General Assembly

Distr. GENERAL  

4 October 1996

ORIGINAL:
ENGLISH


                                                         A/51/453
                                                              

General Assembly
Fifty-first session
Agenda item 110 (b)


         HUMAN RIGHTS QUESTIONS:  HUMAN RIGHTS QUESTIONS, INCLUDING  
         ALTERNATIVE APPROACHES FOR IMPROVING THE EFFECTIVE ENJOYMENT
                   OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

             Recommendations made by the Special Representative of the
             Secretary-General for human rights in Cambodia on matters
                              within his mandate

                        Report of the Secretary-General


                                   CONTENTS

                                                              Paragraphs Page

 I.   INTRODUCTION .........................................    1 - 13     3

II.   MISSION TO CAMBODIA OF THE SPECIAL REPRESENTATIVE OF
      THE SECRETARY-GENERAL (25 JUNE-6 JULY 1996) ..........   14 - 20     5

III.  SELECTED AREAS OF CONCERN ............................   21 - 100    6

      A. Rights of the child ..............................    21 - 41     6

      B. Rights violated through the use of landmines .....    42 - 49    10

      C. Rule of law, independence of the judiciary and
         administration of justice ........................    50 - 73    12

      D. Elections, political rights and freedom of 
         expression .......................................    74 - 100   17

IV.   OTHER DEVELOPMENTS ...................................  101 - 104   22

 V.   REPORTING OBLIGATIONS UNDER INTERNATIONAL HUMAN RIGHTS
      CONVENTIONS ..........................................  105 - 109   23

VI.   FOLLOW-UP TO AND IMPLEMENTATION OF THE RECOMMENDATIONS
      OF THE PREVIOUS SPECIAL REPRESENTATIVE ...............  110 - 111   24

VII.  RECOMMENDATIONS ......................................  112 - 133   25

      A. Rights of the child ..............................   113 - 116   25

      B. Rights violated by the use of landmines ..........   117 - 120   25

      C. Rule of law, independence of the judiciary and
         administration of justice ........................   121 - 131   26

      D. Elections, political rights and freedom of 
         expression .......................................      132      27

      E. Reporting obligations ............................      133      28

VIII. CONCLUDING REMARKS ...................................  134 - 141   29

                                    Annexes

 I.   Programme of the first official visit of the Special
      Representative for Human Rights in Cambodia (24 June-6 July 1996)   31

II.   Human rights recommendations 1996 (continued) and follow-up by
      the Government, if any ..........................................   35

   
                               I.  INTRODUCTION


1.   In its resolution 1993/6 of 19 February 1993, the Commission on
Human Rights requested the Secretary-General to appoint a Special
Representative on Human Rights in Cambodia, to undertake the following
tasks:

     (a) To maintain contact with the Government and people of
Cambodia;

     (b) To guide and coordinate the United Nations human rights
presence in Cambodia;

     (c) To assist the Government in the promotion and protection of
human rights.

In the resolution, the Commission on Human Rights also requested the
Secretary-General to establish an operational presence of the Centre
for Human Rights in Cambodia after the expiry of the mandate of the
United Nations Transitional Authority in Cambodia (UNTAC). 
Accordingly, the Centre for Human Rights established an office in
Cambodia on 1 October 1993.  A report on the activities of the Centre
for Human Rights in Cambodia will be submitted to the General Assembly
at its fifty-first session.

2.   On 23 November 1993, the Secretary-General appointed Michael Kirby
as his Special Representative.  Pursuant to the requests of the
Commission on Human Rights and of the General Assembly, the Special
Representative has reported successively to the General Assembly at
its forty-ninth session (A/49/635) and fiftieth session (A/50/681),
and to the Commission on Human Rights at its fiftieth to fifty-second
sessions, 1/ based on information gathered through seven missions to
Cambodia.  All reports prepared by the Special Representative were
submitted to the Government of Cambodia for comments before
publication and reactions received were either integrated in the
report or published as an addendum.

3.   Following his appointment in early 1996 to the High Court of
Australia, Mr. Kirby resigned from his position as Special
Representative in 1996.  The Secretary-General appointed Mr. Thomas
Hammarberg as his new Special Representative on Human Rights in
Cambodia.  The appointment of Mr. Hammarberg was communicated to the
interim Head of State and the Government of Cambodia by the United
Nations High Commissioner for Human Rights during his mission to
Cambodia from 27 February to 2 March 1996.  Mr. Hammarberg, who is
currently Ambassador and Special Adviser on Humanitarian Issues to the
Government of Sweden and a member of the United Nations Committee on
the Rights of the Child, took up his functions on 1 May 1996.

4.   In its resolution 50/178 of 22 December 1995, entitled "Situation
of human rights in Cambodia", the General Assembly took note with
appreciation of the report of the Special Representative, and endorsed
his recommendations and conclusions, including those aimed at ensuring
the independence of the judiciary and the establishment of the rule of
law, good governance, freedom of expression and the promotion of an
effective functioning multi-party democracy.

5.   Noting that commune elections were due to be held in 1996 or 1997
and National Assembly elections in 1998, the General Assembly urged
the Government of Cambodia to promote and uphold the effective
functioning of multi-party democracy, including the right to form
political parties, stand for election, take part freely in a
representative government and freedom of expression, in accordance
with the principles set out in paragraphs 3 and 4 of annex 5 to the
Agreement signed in Paris on 23 October 1991.

6.  The General Assembly expressed grave concern about the serious
violations of human rights as detailed by the Special Representative
in his report, and called upon the Government of Cambodia to
prosecute, in accordance with due process of law and international
standards relating to human rights, all those who had perpetrated
human rights violations.  The Assembly expressed particularly grave
concern at the comments made by the Special Representative concerning
the reluctance of the courts to charge members of the military and
other security forces for serious criminal offence, and encouraged the
Government of Cambodia to address the problem, which in effect, placed
persons in authority above the principle of equality before the law.

7.   The General Assembly also expressed grave concern at the
devastating consequences and destabilizing effects of the
indiscriminate use of anti-personnel landmines on Cambodian society,
encouraged the Government of Cambodia to continue its support and
efforts for the removal of those mines, and welcomed the intention of
the Government of Cambodia to ban all anti-personnel landmines.

8.   The General Assembly requested the Secretary-General to report to
it at its fifty-first session on the recommendations made by the
Special Representative on matters within his mandate and decided to
continue its consideration of the situation of human rights in
Cambodia at its fifty-first session.

9.   Following the adoption of resolution 50/178 by the General
Assembly, the Commission on Human Rights held its fifty-second session
in March-April 1996, to which the Special Representative submitted a
report 2/ based on his seventh mission to Cambodia in January 1996. 
The Commission adopted resolution 1996/54, in which it commended the
work of Mr. Kirby in promoting and protecting human rights in Cambodia
and welcomed the appointment of Mr. Hammarberg as the new Special
Representative of the Secretary-General.  The Commission requested the
Secretary-General, through his Special Representative, in
collaboration with the Centre for Human Rights, to assist the
Government in ensuring the protection of the human rights of all
people in Cambodia.

10.  In addition to confirming the concerns expressed by the General
Assembly, the Commission welcomed the efforts made by the Government
of Cambodia to promote and protect human rights, in particular in the
area of human rights education and the essential area of creating a
functioning system of justice, urged that efforts continue in this
area, and encouraged the Government to improve the conditions of
prisons.

11.  The Commission also called upon the Government to investigate
cases of violence and intimidation directed against political parties
and their supporters, as well as against media personnel and offices,
and to bring to justice those responsible.

12.  Recognizing the seriousness with which the Government of Cambodia
has approached the preparation of its initial reports to the relevant
treaty bodies, the Commission encouraged the Government to continue
its efforts to meet its reporting obligations under international
human rights instruments, drawing on the assistance of the Office in
Cambodia of the Centre for Human Rights.

13.  The present report is submitted in accordance with the request
made to the Special Representative in resolution 50/178 and is based
on the first mission to Cambodia conducted by the new Special
Representative, Mr. Thomas Hammarberg.


            II.  MISSION TO CAMBODIA OF THE SPECIAL REPRESENTATIVE
                 OF THE SECRETARY-GENERAL (25 JUNE-6 JULY 1996)

14.  The new Special Representative undertook his first mission to
Cambodia from 25 June to 6 July.  He was generously received by the
First Prime Minister, His Royal Highness Samdech-Krom Preah Norodom
Ranariddh, and the Second Prime Minister, Samdech Hun Sen, and held
long and constructive discussions with both of them.  He also had
positive meetings with the Foreign Minister, Ung Huot, and with the
Secretary of State in the Ministry of Justice, Uk Vithun.

15.  In the National Assembly the Special Representative met the
Chairman, Kem Sokha, and other members of the parliamentary Commission
on Human Rights and Reception of Complaints and was informed about
plans to strengthen the capacity of the Commission to make its own
independent investigations into allegations of human rights
violations.

16.  The Special Representative visited Siem Reap Province in order to
study on site the painstaking efforts of demining and to hold
discussions with official and non-governmental representatives,
including spokespersons of political parties and the military police. 
He paid visits to three provincial courts, the Court of Appeal and the
Supreme Court in order to discuss issues relating to the
administration of justice with judges, prosecutors and other court
staff.  In Ta Kmau in Kandal Province he visited the provincial prison
and discussed conditions of detention with the prison administration. 
Furthermore, he attended a training course for the police on human
rights organized by the non-governmental organization Vigilance.

17.  The Special Representative met with the inter-ministerial
subcommittees that are drafting the reports to be submitted by
Cambodia under the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and the Convention on the
Elimination of All Forms of Discrimination Against Women.

18.  As this was his first official visit to the country, the Special
Representative was keen to learn and receive as much information as
possible.   Beside the talks with governmental, parliamentary and
judicial representatives,  he met with the Venerable Maha Gossananda
for an exchange on Buddhism and human rights.  He also held
consultations with non-governmental organizations on human rights
monitoring and education, the rights of the child, the issue of
anti-personnel mines and the freedom of expression.  He met with
representatives of Cambodian journalists' organizations to discuss
issues related to freedom of expression and their own efforts to
define ethical standards for their profession.  Discussions were also
held with diplomatic representatives in Phnom Penh, including the
Ambassadors of  Australia, China, Indonesia, Malaysia, the
Philippines, Singapore, Thailand, the United States of America and
States members of the European Union (EU).  The Special Representative
also sought advice from the representatives of United Nations organs
and agencies, including the Secretary-General's Representative in
Cambodia and the United Nations Coordinator and Resident
Representative of the United Nations Development Programme (UNDP), as
well as heads of the Cambodia offices of the Food and Agriculture
Organization of the United Nations (FAO), the United Nations
Population Fund (UNFPA), the Office of the United Nations High
Commissioner for Refugees (UNHCR), the United Nations Children's Fund
(UNICEF), the United Nations Volunteers (UNV) and the World Food
Programme (WFP).  Information and ... were also provided by the
International Organization for Migration (IOM), the International
Committee of the Red Cross (ICRC) and Save the Children (UK and
Norway).  All these consultations were informative and most useful to
the Special Representative who expressed his sincere gratitude for the
assistance he received during the meetings. 

19.  The complete programme of the mission is appended as annex I.

20.  During his mission, the Special Representative selected four areas
for particular attention:  the rights of the child, with a focus on
child trafficking and prostitution; effective measures for the
protection of the individual against landmines; issues relating to the
independence of the judiciary and the administration of justice; and,
finally, some specific problems in relation to the preparation of the
forthcoming elections, including guarantees for freedom of expression. 
Other important human rights issues will be added to the programme for
future missions by the Special Representative.  The present report was
finalized in draft form shortly after the mission and is factually
correct as of mid-July 1996.  The Government of Cambodia was invited
to react to it, before its submission to the General Assembly.


                        III.  SELECTED AREAS OF CONCERN

                            A.  Rights of the child

21.  The Constitution of Cambodia explicitly protects the rights of the
child.  Article 47 defines duties of parents in relation to their
children, and article 48 states:  

     "The State shall protect the rights of the children as stipulated
     in the Convention on the Rights of the Child, in particular, the
     right to life, education, protection during war time, and from
     economic or sexual exploitation.  The State shall protect children
     from acts that are injurious to their education opportunities,
     health and welfare."

Article 68 provides for free education in public schools for nine
years.  Article 73 states:  

     "The State shall give full consideration to children and
     mothers.  The State shall establish nurseries and help
     support women and children who have inadequate support."

22.  In its First Socio-economic Development Plan, 1996-2000, the
Government of Cambodia stated that improvements in the situation of
women and children would require concerted effort and an integrated
approach.  It specified:  

     "The first step will be to address the changes in legislation
     which result from Cambodia's ratification of the Convention
     on the Rights of the Child and the Convention on the
     Elimination of All Forms of Discrimination Against Women. 
     Public information and programmes of advocacy will ensure
     that there is widespread awareness of the content and the
     implications of Cambodia's accession to these Conventions. 
     These will underpin an integrated, multisectoral development
     programme which systematically addresses the priority
     concerns of women and children."

23.  The Special Representative welcomes this comprehensive and planned
approach to the implementation of the rights of the child.  Important
also is the high-level coordination structure set up in November 1995
within the Government and with non-governmental organization
participation for all aspects of children's rights.  This body, the
Cambodian National Council for Children, held its first meeting during
the visit of the Special Representative.  A national plan of action
for the survival, development and protection of children has been
produced and focus on development in the fields of education and
health.  Another essential move was the incorporation of human rights
in the curricula for primary and secondary schools.  1 June,
International Children's Day, has been declared a government holiday.

24.  During his first mission, the Special Representative asked
questions about measures to prevent child prostitution and
trafficking.  Both Prime Ministers indicated their deep and personal
concern about the situation.  Child prostitution and the trafficking
of children for the purpose of prostitution is rapidly becoming a
serious human rights problems in Cambodia.  In many individual cases
the problem can only be characterized as one of slavery and trade in
human flesh, practices that shockingly are on the increase not only in
Cambodia but in many parts of the world at the end of the twentieth
century.

25.  Thorough comprehensive and reliable statistics are not yet
available, and the total number of child victims of commercial, sexual
exploitation is unknown.  Local and international non-governmental
organizations, UNICEF and Cambodian authorities report that the
incidence of children being abducted and forced into prostitution is
large and growing.  One survey suggested that approximately
30 per cent of female prostitutes in Cambodia are under the age of 18. 
Some non-governmental organizations report an alarming decrease in the
age of child victims of commercial, sexual exploitation interviewed in
brothels.  Girls as young as 10, 11 and 12 years old are found in
brothels.  Many young girls are abducted simply because they are
virgins.

26.  Though foreign men are a significant and increasing factor, the
overwhelming majority of cases involve adult, male Cambodians and
minor, female Cambodians.  The 1995 UNICEF situation report on
trafficking and prostitution in Cambodia estimates that between 65 and
70 per cent of the prostitutes in the country are Cambodian, contrary
to the popular belief that most of the prostitutes are of ethnic
Vietnamese origin.  No specific figures related to ethnicity are
available for minors.

27.  Reports of sexual exploitation of boys are also increasing.  One
survey by End Child Prostitution, Abuse and Trafficking-Cambodia
included reports of 20 cases of sexual exploitation of young boys aged
from 9 to 16 years.  Cambodia is now advertised on the Internet as a
desirable place for paedophiles interested in young boys.

28.  There are many root causes of the increase in child prostitution
and trafficking.  As with the traffic and trade in illicit narcotics,
the "demand" must be recognized as an integral part of the problem. 
There would be no problem of child prostitution or trafficking of
children if there was not a strong market for these children.  

29.  An important supply-side cause of child prostitution and
trafficking is poverty and its attendant consequences.  Poverty
increases the pressure on families to consider otherwise unthinkable
economic solutions to their problems.  This is exacerbated by the rise
in the number of children per family and the lack of access to
education or affordable health care.

30.  Children are sold into prostitution by parents in dire economic
circumstances.  Many parents are tricked into believing that their
children are going to work as maids or waitresses and will be able to
remit some of their salaries to support the family.  Some parents are
under such economic pressure that they turn a blind eye and accept
commissions from traffickers who claim to be offering employment to
their children in Phnom Penh or other distant locales. Some children
with no other means of support enter this work "voluntarily".

31.  The Special Representative was informed that there is a growing
and increasingly powerful network of buyers, middlemen and brothels
supporting this illicit trade.  As stated in the First Socioeconomic
Development Plan, sophisticated networks for abduction, sale and
trafficking seem to have been established both domestically and
internationally.  Many brothel owners appear to receive the protection
of local police or other officials.

32.  Once purchased, many child prostitutes are forcibly held until the
brothel owner has earned a sufficient return on his or her investment. 
Girls who attempt to escape are often beaten, they and others are then
physically locked inside the brothel.  This can lead to extreme
danger, particularly in case of fire.  Some prostitutes have
reportedly died in recent months, unable to escape when fire engulfed
the buildings in which they were held captive.  

33.  The increase in child trafficking and prostitution is particularly
worrisome in view of the quick spread of HIV/AIDS and other sexually
transmitted diseases.  Cambodia has one of the fastest growing rates
of HIV infection in Asia.  In 1995, WHO and the Ministry of Health
estimated that 38 per cent of the prostitutes in Cambodia were
HIV-positive.  No separate figures for children are available.

34.  Article 34 of the Convention on the Rights of the Child obliges
States parties to protect children from all forms of sexual
exploitation and sexual abuse: 

     "States Parties shall in particular take all appropriate national,
     bilateral and multilateral measures to prevent:  

         (a)   The inducement or coercion of a child to engage in
     any unlawful sexual activity; 

         (b)   The exploitative use of children in prostitution or
     other unlawful sexual practices; 

         (c)   The exploitative use of children in pornographic
     performances and material."  

35.  Though Cambodian law related to child prostitution and trafficking
is not very detailed, it is sufficient for law enforcement officials
to begin to address the problem.  In January 1996 the National
Assembly adopted a Law on the Suppression of the Kidnapping,
Trafficking, Sale and Exploitation of Human Beings, which includes
substantial criminal penalties for any persons involved in the
purchase, sale or kidnapping of any person.  Enhanced prison terms are
included if the victim is less than 15 years old.  In addition,
article 42 (3) of the Criminal Law states:  

     "Any person who procures, entices or leads away, for purposes
     of prostitution, or sexually exploits a minor, even with the
     consent of that minor, shall be liable to a term of
     imprisonment of two to six years."  

36.  Neither of the above laws nor any other domestic law appears to
establish a uniform legal age for a child.  There is also no legally
established age for sexual consent.  Official clarification to this
effect would be a valuable contribution to law enforcement efforts, as
there appears to be confusion among police, judges, prosecutors and
others about the legal age of a child.

37.  The lack of legal action against persons involved in child
trafficking and the owners of brothels containing child prostitutes is
an aggravating factor.  Though child prostitutes are seen sitting
openly in front of brothels in many parts of Phnom Penh and in the
other provinces, police action is rare.  A welcome exception was a
pre-planned police raid in Battambang in August 1995, which lead to
several arrests.  Neither non-governmental organizations nor the
Centre for Human Rights report any convictions for violations of
article 42 (3) of the Criminal Law or the Law on the Suppression of
the Kidnapping, Trafficking, Sale and Exploitation of Human Beings.  

38.  This is a complex problem, which can be resolved only by concerted
action on many fronts.  As stated in the First Socioeconomic
Development Plan:  

     "Conditions of poverty and social upheaval, an underdeveloped
     legal infrastructure and weak law enforcement all contribute
     to the rapid growth of this industry.  While the Royal
     Government has made efforts to address the problem, such as
     banning brothels in Phnom Penh, these measures have had
     little impact so far."  

39.  Sexual contact with and the sale of children is simply wrong. 
That it is not seen to be wrong by customers and sellers of children
is an enormous social challenge that must be addressed in schools,
pagodas, the workplace, the media and government agencies.  This is
also a question of personal morality in which customers, profiteers
and parents must take responsibility for their actions.  National and
public leadership is necessary to create an environment where
purveying the sexual services of children is considered to be as
immoral and illegal as the rape, bondage or kidnapping of any other
class of persons.  

40.  Cambodia is in a transitional stage during which this emerging
problem may be tackled with some hope for success.  This, however,
will only happen if serious measures are taken on an urgent basis. 
The Special Representative commends the public and private initiatives
of both Prime Ministers.  It is important that this concern be
translated into energetic action by the relevant authorities: 
effective law enforcement, a comprehensive programme of prevention,
including an awareness and education campaign, and support to
non-governmental efforts to rehabilitate victims.
  
41.  The Special Representative welcomes the initiatives and interest
demonstrated by local and international non-governmental organizations
and encourages the Government and non-governmental organization
community to cooperate closely to combat this scourge.  This is an
issue of great concern to the Special Representative, who will follow
it closely throughout his tenure.


               B.  Rights violated through the use of landmines

42.  Anti-personnel landmines and unexploded ordnance continue to kill
and maim several hundreds of Cambodians every year.  Landmines and
unexploded ordnance also render large areas of the land unfit for
agriculture and development, thereby seriously retarding the economic
development of the country.  In addition, landmines and unexploded
ordnance also violate various fundamental rights of the people,
including the freedom of movement, right of residence and the rights
to health and education.  The victims are indiscriminately chosen, but
children are particularly victimized.  They are killed, maimed or
deprived of their basic rights to education and development as a
result of the destruction of their families by mines.  Women also pay
a heavy price directly or indirectly when other family members are
killed or injured.

43.  These mines and unexploded ordnance will continue to kill and
mutilate human beings and sabotage the economic development of
Cambodia for many years to come, adding to the terrible human
suffering and its related social and economic consequences of an
estimated 40,000 war invalids who already exist in Cambodia.  An
estimated 150 to 200 Cambodians step on mines or are injured by
unexploded ordnance every month.  Nearly 1,700 victims were reported
in 1995.  In the first five months of 1996 alone, 1,333 people were
injured and 206 were killed according to statistics compiled by the
British demining non-governmental organization, the Mines Advisory
Group.  In March 1996 alone, 473 victims were reported from the five
most heavily mined provinces of the country.  Civilians make up
between a third to half of the casualties and among them approximately
half are children.  Many more instances are believed to go unreported.

44.  During his current mission, the Special Representative visited a
demining site in Siem Reap province to observe the work of a demining
team from the British non-governmental organization, Halo Trust.  This
non-governmental organization and other demining agencies such as
Cambodian Mines Action Centre, the Mines Advisory Group and the
Compagnie franc'aise d'assistance are performing the painstaking and
very hazardous task of clearing landmines and unexploded ordnance and
thereby make Cambodia a safer place.  In addition to the dangers
inherent in their work, some of these agencies and their workers have
also been the victims of criminal attacks by the Khmer Rouge.

45.  In March 1996, a team of 30 deminers from the Mines Advisory Group
were captured by a group of former Khmer Rouge soldiers who had
defected to the government side but again defected back to the Khmer
Rouge, in Angkor Chum district in Siem Reap Province.  The kidnappers
initially demanded a ransom and released everyone except two deminers,
a British instructor and his Cambodian assistant.  Both men were
handed over by their kidnappers to the Khmer Rouge leadership and
since then they are believed to be being held in Anlong Veng, the
northern headquarters of the Khmer Rouge.  The Special Representative
strongly condemns this cowardly act by the Khmer Rouge and demands
that these men be unconditionally released as soon as possible.  These
men were working to improve the lives of Cambodians and it is
particularly disturbing that they have been targeted for this criminal
act.  It is imperative that the demining agencies be strongly
supported by both the Government and the international community.

46.  At a conference on landmines held in Phnom Penh in June 1995,
Mr. Chea Sim, the President of the National Assembly, acting in his
capacity as the then interim Head of State, announced that the
National Assembly supported the intention of the Government to
legislate a ban on the use, stockpiling and manufacture of
anti-personnel landmines.  This commitment has been reiterated in
public by other leaders including His Majesty King Norodom Sihanouk,
First Prime Minister Norodom Ranariddh and co-Defence Minister Tea
Banh.  The Second Prime Minister, Hun Sen, reiterated in his first
meeting with the Special Representative on 2 July the determination of
the Government to prohibit anti-personnel landmines in Cambodia.  He
gave his firm assurance that Cambodia had ceased long ago to import
mines and that appropriate instructions had been issued to the armed
forces, including those assigned to front-line duties, to desist from
using mines.  The Special Representative welcomes these statements and
highly commends the effort of the King and the Government to eliminate
anti-personnel landmines.  He also welcomes and warmly encourages the
efforts currently under way to legislate a ban.

47.  The draft law on the banning of anti-personnel landmines is
understood to be ready for submission to the Council of Ministers and
is expected to be submitted soon.  It was prepared in mid 1995 by
Ieng Mouly, the Director of Cambodian Mines Action Centre and the
Minister of Information, with the technical assistance of the United
Nations Centre for Human Rights, relevant national and international
non-governmental organizations and United Nations agencies.  This
draft law provides, inter alia, for the banning of the use and
manufacture of anti-personnel landmines, the destruction of existing
stockpiles over a transitional period and criminal penalties for
contraventions.  It also provides for monitoring by demining
non-governmental organizations and others of the implementation of the
law and facilitates international assistance.

48.  Because of the severity of the problem of landmines in Cambodia,
the Special Representative, encouraged by statements made by Cambodian
leaders, believes that it is essential to adopt this draft law and
effectively implement it as soon as possible.  This will strengthen
the process of gradually eliminating the scourge of landmines from the
country and thereby facilitate the economic development and the
effective enjoyment of fundamental human rights by Cambodians.  The
adoption of the law will also strengthen the Government's stated
foreign policy objective of opposition to the manufacture, export and
use of mines and will establish Cambodia as a leading nation in the
international campaign towards a total ban on landmines.  The adoption
of the law will also facilitate the mobilization of funding from the
international community for the enormous and expensive task of
demining.

49.  The Special Representative strongly supports the international
campaign for the total ban of landmines and encourages the
international community to provide increased funds for mine-clearing
operations.


              C.  Rule of law, independence of the judiciary and
                  administration of justice                     

50.  The Special Representative raised with both Prime Ministers issues
relating to the rule of law and the functioning of justice as matters
of deep concern.  A major problem is that the Constitutional Council
has still not been formed.  The Council is the body designated by the
Constitution to determine the constitutionality of legislation and to
decide contested cases in the election of members of the National
Assembly.  The members are to be appointed by the King, the National
Assembly and the Supreme Council of Magistracy.  Though the King
submitted a list of nominees in 1994, the National Assembly and the
Supreme Council of Magistracy have still not submitted their nominees. 
No draft organic law specifying the organization and operation of the
Constitutional Council has been drafted.  The lack of a Constitutional
Council means that there is no legal forum to determine the
constitutionality of various legislative enactments, such as the Press
Law.  This seriously undermines both the reality and the appearance of
the rule of law in Cambodia.

51.  Though a law creating the Supreme Council of Magistracy was
adopted in 1994, it has still not been convened.  Only the Supreme
Council of Magistracy may appoint, transfer and discipline judges and
prosecutors.  It also has the legal responsibility to review all draft
legislation related to judicial affairs.  Both Prime Ministers agreed
with the Special Representative that it was urgent that the Supreme
Council should start functioning.
  
52.  Although required by the Constitution, no law on the status and
functioning of the judiciary has been submitted to the National
Assembly.  Without such a law the legal basis for the entire Cambodian
court system is very weak.  Such a law could address issues such as
the roles of trial judges, investigating judges, prosecutors and
clerks, training and promotion of judges, membership in political
parties, conflicts of interest, ranks and salaries.  Such legislation
is among the most basic of all laws in the establishment of the rule
of law.
  
53.  Another problem is that there is no law on contempt of court. 
Court orders are often ignored by parties, witnesses, police officers
and others.  The power to fine and, where necessary, imprison persons
for failure to follow court orders is critical in establishing basic
respect for the courts and the rule of law.  

54.  There are approximately 70 judges, 40 prosecutors and 400 clerks
in the provincial and municipal courts of Cambodia.  The number of
judges and prosecutors is inadequate given the large and growing
caseloads of the courts.  Approximately 40 other potential judges and
prosecutors have been trained through the French cooperation with the
Ministry of Justice.

55.  Owing to the insufficient number of judges and prosecutors there
is a large and growing number of criminal and civil cases.  Many
criminal trials are not held within the prescribed six-month period
because of the lack of judges and prosecutors.  Many other criminal
cases are not properly investigated because of insufficient numbers of
judges and prosecutors.  Many civil litigants face years of delay. 
With too few judges, many court clerks perform judicial functions
outside their legal competence, such as interviewing witnesses and
parties.  

56.  There is one Appeals Court, with seven judges and two prosecutors. 
The Appeals Court is located in a small wing of the Ministry of
Justice, an inappropriate site for an independent judicial organ.  The
Appeals Court, founded in 1994, has insufficient space and materials
to carry out its work properly.  Because of inadequate means of
transportation, one judge stated that in many cases the Court was
unable to investigate cases properly and therefore had an inadequate
factual basis upon which to render judgements.

57.  There is one Supreme Court, with nine judges and two prosecutors. 
The Supreme Court is located in a building resembling an apartment
block.  Though it is the final court of appeal in Cambodia, its
opinions are very short and rarely offer any jurisprudential
leadership to the lower courts.  For the rule of law to develop in
Cambodia, basic legal principles must be established in the opinions
of the Supreme Court.

58.  In spite of the fact that the Constitution recognizes
international human rights treaties and norms and Cambodia is a party
to many international human rights conventions, such as the
International Covenant on Civil and Political Rights and the
Convention on the Rights of the Child, even senior judges appear to be
insufficiently aware that such treaties are now part of domestic law
and may and should be relied upon by the courts in rendering
judgements.

59.  Very few judges or prosecutors have formal legal education.  The
Special Representative commends the open and active cooperation of the
Ministry of Justice with the judicial mentor programme of the United
Nations Centre for Human Rights and the Cambodian court training
project of the International Human Rights Law Group.  The judicial
mentor programme offers valuable on-site training and advice to the
judiciary and is the best short-term method of raising the
professional standards of the judiciary.  Particularly important is
the request of the Minister of Justice for the judicial mentors to
provide training to local police, prison staff, military police and
local authorities about human rights and the administration of
justice, focusing on the primary role of the courts.  In this way, an
integrated approach to building the rule of law has begun at the local
level.

60.  Judges, prosecutors and clerks operate in very difficult physical,
material and financial conditions.  Most court buildings are extremely
dilapidated and in need of large-scale and urgent repairs.  Many
courts have no electricity, leaky roofs, crumbling walls, tiny
courtrooms, insufficient office space for court staff and virtually no
materials, such as file cabinets, paper, pens and so on.   The courts
also have very limited budgets for operational expenses, such as
investigations and travel.  This results in some litigants bearing the
costs for these activities, leading to claims of judicial bias by
opposing litigants.  This has a major impact on both the work and the
status of the courts.  Though this problem is the responsibility of
the State, in the short term the resources simply do not exist in the
national budget for these purposes.  Through the joint UNDP/UNCHR
project and the assistance of Japan, court buildings in six provinces
are undergoing substantial reconstruction, including the building of
new courtrooms, provision of furniture and office supplies.  More such
support is urgently needed.

61.  The Special Representative notes that many judges, prosecutors,
police and local officials do not seem to be aware or have copies of
recently adopted laws and regulations.  The Official Journal, which is
published by the Council of Ministers and contains new laws and
regulations, is not disseminated broadly or in sufficient quantity. 
The Special Representative notes that efforts have been made or will
be made in this regard by the Cambodia office of the United Nations
Centre for Human Rights, Cambodian Development Council (in cooperation
with UNDP) and AusAid, the Australian development agency.  The Special
Representative encourages such efforts.  It is important to improve
the system and the volume of publication of laws and regulations and
to disseminate them widely in order to improve the respect for the
rule of law.

62.  Judges and prosecutors earn no more than civil servants -
approximately $20 per month - while members of the National Assembly
and Government earn approximately $1,500 per month.  Along with the
poor physical conditions in which the judiciary works, this results in
a lowered status for the judiciary within the Government and the
public.  Many judges and prosecutors must pursue outside income to
survive, such as rice farming or other business activities normally
incompatible with the role of a judicial officer.  This adversely
affects the quality of their work.  Low salaries also open the
judiciary to widespread allegations of corruption.

63.  Under the Constitution, the judiciary in Cambodia should be
independent from the political administration and political parties. 
The Special Representative noted a growing awareness of this principle
in his discussions with judges.  However, it seems to be generally
assumed that a number of the sitting judges, most of whom were
appointed by the previous Government, continue to be closely
affiliated with the Cambodian People's Party.

64.  There is a problematic practice in several provinces of convicted
prisoners not being automatically released from prisons at the end of
their sentences according to court orders, since prison officials are
required, in many instances, to also obtain the signature of the
Provincial Governor or Deputy Governor before release.  This has
resulted in the illegal detention of prisoners beyond the expiration
of their sentences.

65.  It was reported to the Special Representative furthermore, that
judges not infrequently determine the outcome of a case before trial. 
Judgements are often prepared before any testimony has been taken at
trial.  This is not in accordance with the fair trial provisions of
article 14 of the International Covenant on Civil and Political
Rights.  A trial should be the final and most important stage of a
long process of factual investigation by the police, prosecutor and
investigating judge.  Evidence used as the basis for rendering a
judgement should come from witnesses present at trial and subject to
court questioning and cross-examination.  This is particularly
important with the police and material witnesses.  Police reports
alone should not provide the basis for conviction, as is reportedly
the norm in many courts.  Any such convictions should be regarded as
inherently unsafe and should be reviewed carefully by the Appeals
Court and Supreme Court.

66.  Courts have, in a number of cases, held detainees for the maximum
of six months before trial for gathering enough evidence to present a
prima facie case of guilt.  Accused persons are routinely brought to
court in prison clothes.  In conformity with the principle of the
presumption of innocence, the police or prosecutor should establish a
prima facie case before issuing an arrest warrant and depriving a
person of his or her liberty for a substantial period of time.

67.  The Special Representative commends officials in the Cambodian
prison system and the Minister of Justice for taking strong public
stands against the use of torture against persons in custody.  Great
strides appear to have been made in the reduction of torture inside
Cambodia's prisons.  With the assistance of donors such as Australia,
the use and prevalence of dark cells is also being reduced.  However,
the Special Representative received information indicating that there
have been incidences of torture by the police immediately after arrest
in order to obtain a confession or punish the accused.  It is the
responsibility of the judiciary to inquire into each confession to
ensure that it was made voluntarily and to suppress all confessions
made involuntarily.  Prosecutions against police or prison officers or
others found to have committed acts of torture should be initiated by
prosecutors.  The Special Representative intends to look further into
this issue during a forthcoming mission.

68.  The Special Representative commends the excellent and expanded
work of Cambodian "defenders" and lawyers representing criminal
defendants and poor persons.  In spite of the growth of these
organizations and the improvement in the quality of the services
offered, there is still an enormous unmet need in much of the country. 
A large percentage of criminal defendants still do not have any access
to counsel before or during trial.  Many others have only formal
access to counsel, as the defender is often assigned to the case just
before trial, has difficulty in gaining access to a defendant in
prison, or does not have the time or means to carry out an adequate
investigation or preparation of the case.  Lawyers are not available
in sufficient numbers to represent poor defendants in criminal cases. 
As a result, defenders will be needed in Cambodia for many years.  The
judiciary has a special responsibility in such cases to ensure that
justice is done to each unrepresented or under-represented defendant
and that each person receives a fair trial.    

69.  A crucial challenge facing the judiciary, the rule of law and the
promotion and protection of human rights in Cambodia is impunity. 
Impunity is presently both de facto and de jure.  De facto impunity
seems to be the result of the entrenched power of the military, police
and other armed forces in a country engaged in armed struggle for more
than a generation.  Several sources told the Special Representative
that there are some "bad elements" within those ranks who now appeared
to be too powerful or dangerous to face prosecution.  Though the
Special Representative has no possibility to confirm this description,
he finds this widespread perception an important fact in itself.  

70.  Institutionalized, de jure impunity is more the result of the
passage in 1994 of the Law on Civil Servants.  Article 51 of this law
provides that, except in cases of flagrante delicto, no civil servant
may be arrested or prosecuted for any crime unless the Government or
the concerned Minister consents in advance.  It has happened in a
number of cases that requests for authorization have been denied or
just not processed.

71.  Delays have been common and made it possible for accused persons
to run away in a number of cases.  Judges and prosecutors have claimed
that article 51 contravenes the basic principle of equality of all
persons before the law and creates a climate of lawlessness in which
persons in the police or military are not held accountable for their
acts, even when such acts include murder, rape, robbery or arson. 
Article 51 has effectively shielded them from prosecution.  This is a
serious derogation from the rule of law and may encourage police and
military officials to continue to commit abuses in the knowledge that
they are not likely to be prosecuted.

72.  One of the most distressing examples of impunity has been the
attacks and threats on judges and prosecutors in response to attempts
to prosecute members of the military or police.  No prosecutions have
taken place in cases of attacks on the courts in Kompong Som,
Battambang, Svay Rieng, Stung Treng and Kampot Provinces, though it
appears that the perpetrators are known to the authorities.  Judges
and prosecutors in several provinces continue to report threats to
their physical security and admit to choosing which cases to prosecute
very carefully when members of the military or police or their
families are involved.  For example, in June 1996 the court in Siem
Reap Province reported serious and credible threats by the military
against the physical security of court personnel as the result of the
court's judgement in a case.  This atmosphere makes it difficult for
the judiciary to play its proper role.     

73.  The Special Representative learned during his mission that both
Prime Ministers were deeply concerned about the situation and
supported moves to protect the independence and integrity of the
judiciary.  During a meeting on 2 July 1996, the Second Prime Minister
stated that he supported the repeal of article 51.  The Special
Representative greatly appreciates this endorsement of the equality of
all persons before the law and hopes this will be followed by a repeal
of the article by the National Assembly.


           D.  Elections, political rights and freedom of expression

74.  The principles for the new Constitution of Cambodia contained in
annex 5 to the Agreement on a Comprehensive Political Settlement of
the Cambodia Conflict signed in Paris on 23 October 1991 state, inter
alia, that Cambodia "will follow a system of liberal democracy on the
basis of pluralism.  It will provide for periodic and genuine
elections ... with a requirement that electoral procedures provide a
full and fair opportunity to organize and participate in the electoral
process".  

75.  This commitment is reflected in the Constitution, which provides
that Cambodia adopts a political regime of liberal democracy and
pluralism (art. 51).  The term of the National Assembly is five years
(art. 78) and the procedure and process for the election shall be
determined by an electoral law (art. 76).  The Constitution also
guarantees the right to form associations and political parties and
that these rights shall be specified in law (art. 42).  

76.  The General Assembly (in its resolution 50/178, para. 6) and
Commission on Human Rights in its resolution 1996/54, (para. 10), have
urged the Government to promote and uphold the effective functioning
of multi-party democracy, including the right to form political
parties, to stand for election, to take part freely in a
representative government and to enjoy freedom of expression.

77.  The constitutionally mandated national election is scheduled to be
held in 1998.  

78.  The Government has also announced plans to hold a local or
"commune" election in 1997.  There are approximately 1,200 communes in
Cambodia.  Commune chiefs wield powers ranging from collection of
state revenues to maintenance of public order, including through the
control of militias.  Most current commune chiefs were appointed by
the previous Government and all reportedly continue as members of the
Cambodian People's Party.  While commune elections are not
constitutionally required, the holding of the commune election may
contribute to social and political reform in Cambodia.  Commune
officials are the most important local government structure for the
everyday life of most Cambodians and the level at which most
Cambodians have contact with the Government.

79.  Against this background, the Special Representative raised issues
during his mission relating to the preparation of the elections and,
in particular, the need for a legal framework that guarantees free and
fair elections and for effective measures to protect freedom of
expression.  Both prime ministers stated that the elections will be
held on schedule and that it is important that a legal framework be
put in place for that purpose.  To hold free and fair elections, the
following laws appear to be necessary.


                         1.  Law on political parties

80.  The Constitution guarantees the right to form political parties
but states that a law shall govern this field.  A law on political
parties is urgently needed to enable the full enjoyment of the rights
of all parties to exist and participate in multi-party elections.  The
Special Representative welcomed the statement by the Second Prime
Minister during their meeting on 2 July 1996 expressing his strong
support for the rights of all Cambodians to form political parties and
carry out political activities.  The Ministry of Interior has begun
drafting the law with the advice of the Centre for Human rights and
the Minister of Interior has stated that this law would be submitted
to the National Assembly for adoption before the end of 1996.


                           2.  Commune election law

81.  In early 1996 the Ministry of Interior established a committee to
draft the commune election law.  This committee consists of four
nominees of the United Front for an Independent, Neutral, Peaceful and
Cooperative Cambodia and eight Cambodian People's Party nominees.  At
the time of writing of the present report, the committee had completed
drafting the section on the role and duties of the commune chiefs and
was working on the section related to the organization of the commune
election.  It is not known when the draft law may be submitted to the
National Assembly.


                           3.  National election law

82.  At the time of writing, work on the national election law appeared
not to have begun.


                        4.  Constitutional Council law

83.  Among its important responsibilities, the Constitutional Council
is given responsibility under the Constitution for resolving disputes
about the election of members of the National Assembly.  The lack of a
Constitutional Council at the time of national elections could result
in severe difficulties, as there may be no agreed mechanism for the
solution of disputes.


                                5.  Other laws

84.  The Government has reportedly drafted a military statute that
would prevent members of the armed forces from participating in
politics.  This would be a welcome development, as it is essential
that the military remain neutral during the election period.  The
police, civil servants and the judiciary should also be excluded from
partisan political activities in order to provide the proper
atmosphere for free and fair elections.

85.  In spite of evident good faith within the Government, thus far the
administrative aspects of the elections have not, in the view of the
Special Representative, received sufficient attention.  The Ministry
of the Interior organized a seminar on elections in October 1995,
attended by many international experts on elections, which resulted in
a plan of action.  This plan included a timetable.  Many of the
deadlines in that timetable have unfortunately been missed.  Important
policy issues, such as the use of computers and the demarcation of
constituencies, need urgent attention, as they will have political,
financial and technical consequences that need to be addressed soon. 
The institutions responsible for developing policy and planning, such
as an independent electoral commission, have not yet been clearly
identified.

86.  A permanent and independent electoral commission responsible for
the conduct of elections would be an indispensable component of a
neutral political environment in which parties, candidates and the
public have maximum faith in the integrity of the electoral process. 
An electoral commission would have responsibility for registration of
voters, voter education, supervision of polling stations, counting of
votes, announcement of results and general enforcement of the
electoral law.  The Special Representative believes that the speedy
creation of an independent electoral commission would send an
unambiguous signal to the people of Cambodia that the Government of
Cambodia is committed to free and fair elections.

87.  It is very positive that Cambodian non-governmental organizations
have formed two groups, The Committee for Free and Fair Elections in
Cambodia and the Coalition for Free and Fair Elections, in order to
play an active role in voter education, election monitoring and other
election activities.  Many of these non-governmental organizations
have experience from 1993 in performing similar activities and can
make essential contributions to promoting the freedom and fairness of
the elections.  For the elections to be free and fair, it is essential
that these non-governmental organizations play a critical and central
role in the electoral process.

88.  The Co-Ministers of the Interior have formally requested UNDP to
coordinate technical assistance for the elections.  It is essential
that the international community assist Cambodia in its effort to
consolidate the democratic gains made since 1992.

89.  One factor delaying the preparation of the elections is the recent
political tensions and difficulties between the two major political
parties, the Cambodian People's Party and the United Front for an
Independent, Neutral, Peaceful and Cooperative Cambodia, ground issues
relating to the sharing of power at district and national level.

90.  The Khmer Nation Party, an opposition party led by a former
Minister of Finance and Member of the National Assembly, has opened or
attempted to open offices in at least four provinces.  Although the
Constitution states that citizens have the right to form political
parties, the Government has stated that no new political parties may
be recognized until a new Law on political parties is adopted.  This
unduly restricts the fundamental right of political freedom as
guaranteed in article 42 of the Constitution and article 25 of the
International Covenant on Civil and Political Rights.  In the absence
of a law, the rights guaranteed by the Constitution should be
respected.  Through the application of the UNTAC Electoral Law, which
contains provisions for registration of political parties, laws
consistent with the spirit of the Constitution shall remain in effect
until altered or abrogated.  This was to ensure that, where possible,
vacuums in Cambodian law could be filled pending passage of new
legislation.

91.  In spite of the lack of legal recognition, the Khmer Nation Party
has continued to recruit members and to open offices, although in some
cases there have been violent incidents. The Special Representative is
concerned about reports of attacks on political party workers and
offices in various Provinces.  At least two members of the Party have
been killed, possibly for political reasons.  Other incidents include
the surrounding of an office of the United Front by a large group of
armed men in Ratanakiri province, the destruction of Khmer Nation
Party signs in Kandal and the 29 January 1996 surrounding of the Khmer
Nation Party's office in Phnom Penh, which resulted in the detention
for four hours of local and foreign journalists, human rights workers
and party members by hundreds of heavily armed security personnel
after an alleged car theft.

92.  The coming period is critical in creating the necessary political
and administrative context for the commune and national elections. 
The Special Representative understands that an atmosphere of fear and
intimidation inimical to the conduct of free and fair elections has
begun to appear in certain parts of the country.  It is important that
the Government firmly establish the principle that all political
parties have the right to legal recognition, may recruit new members,
open new offices and seek to attract support; they must be able to
operate without fear of closure, threats or attacks.

93.  One of the most important means of exercising this freedom and of
communicating with the public is through the broadcast media.  The
Special Representative is concerned that access to ownership or
management of radio and television stations remains restricted.  While
the Government and major political parties own or operate television
and radio stations, smaller opposition parties have not been
authorized to own or operate such stations.  Equal and fair access to
broadcast media is essential in a democratic society respecting human
rights and particularly important for the conduct of free and fair
elections. 
 
94.  Free and fair elections can only occur if freedom of expression is
fully respected.  Article 19 of the International Covenant on Civil
and Political Rights specifies that "this right shall include freedom
to seek, receive and impart information and ideas of all kinds". 
Freedom of expression is thus a right jointly held by writer and
reader, broadcaster and listener, Government and governed.  Any
unnecessary restrictions or interference with this right affect not
only the journalist or media owner, but the entire public as well.

95.  Freedom of the press will also be critical in an election period. 
For those unable to afford radio or television stations, the press may
be the only means by which a political party, candidate or interest
group may make its views known to the public.  Free and vigorous
debate of issues tests the quality of parties and candidates and is
the hallmark of a democratic society.  The Special Representative is
therefore concerned about apparent inconsistencies in the application
of relevant laws in relation to the media.  One such case is the
12 February 1996 administrative closure for 30 days of Republic News
under the 1995 Press Law for publishing information allegedly
affecting "national security" or "political stability."  Fearing
further legal action, Republic News remained closed until 18 June
1996, but after its first issue the Ministry of Information initiated
new legal action against the newspaper.  This is the first case
brought against a newspaper under the 1995 Press Law and raises
renewed concerns about the lack of definitions of "national security"
and "political stability" in the law and the potential for selective
and arbitrary legal action.

96.  On 28 June 1996, the Supreme Court decided to affirm the
conviction and sentence of Chan Rattana, the former editor of the
Voice of Khmer Youth newspaper.  He had been convicted in February
1995 and sentenced to one year in prison under article 62 of the
criminal law related to disinformation for criticism of the First
Prime Minister.  Rattana was released after one week in prison after
the King, with the explicit support of the Co-Prime Ministers, granted
him an amnesty.  The Special Representative expressed his respect to
the King and the Co-Prime Ministers for this decision.

97.  The previous Special Representative reported on cases of criminal
violence against journalists.  Two new cases have occurred since then. 
A radio announcer of the United Front, Ek Mongkol, was shot on a Phnom
Penh street on 8 February 1996 by two men on a motorcycle.  Mongkol
was seriously injured and evacuated to Bangkok, where he recovered
from his wounds.

98.  On 18 May 1996 Thun Bun Ly, editor of the opposition newspaper
Khmer Conscience, was assassinated in broad daylight on a Phnom Penh
street by two men on a motorcycle.  Bun Ly, who was facing
imprisonment for articles published in his newspaper, was also a
member of the Khmer Nation Party Steering Committee and its Deputy
Director of Administration.  No one had been arrested at the time of
writing.

99.  It is a sad fact that many journalists in Cambodia do not act
professionally and regularly publish false, defamatory and often
highly inflammatory statements.  Still, there is no excuse whatsoever
for the threats and violent attacks against some journalists and
media.  Since the 1993 elections, none of the cases of violence
against journalists have resulted in the arrest and conviction of the
perpetrators.  One aspect of particular concern and which requires
urgent clarification is that in a couple of these cases, the identity
of the perpetrators is allegedly known and still no criminal action
has been taken.  The failure to prosecute has contributed to a climate
of impunity and to an atmosphere of fear within the journalistic
community.  Several journalists report that for security purposes they
now sleep in different houses on different nights, avoid going out at
night and practise self-censorship in their writings.

100.     The Special Representative suggests the establishment of a
commission of inquiry to clarify why investigation of these violent
attacks, in particular those which had been reported by the previous
Special Representative, has been unsuccessful and what measures can be
taken to remedy these apparent failures.


                            IV.  OTHER DEVELOPMENTS

101.     The Special Representative learned that there is currently no
legal framework for the establishment or operation of prisons.  The
lack of such legislation may lead to confusion about the rights of
prisoners, responsibilities of authorities and the possibility of
regular monitoring of conditions by local non-governmental
organizations.  In consultation with the Centre for Human Rights, in
early 1995, the Ministry of Interior prepared draft prison rules,
which, if implemented, would conform with Cambodia's international
human rights obligations and respond to the actual problems facing the
prison administration in Cambodia.  The Special Representative
recommends early adoption of these rules, which also will facilitate
the mobilization of funds from donors to rehabilitate Cambodia's
ageing prisons.  He commends the Government of Australia in particular
for making funds available for prison rehabilitation and encourages
other donors to address this important problem.

102.     A draft law on associations and non-governmental
organizations has been prepared by the Ministry of the Interior with
the assistance of the Centre of Human Rights and submitted to the
Council of Ministers.  The Special Representative commends the
cooperation of the Ministry of Interior with the Centre for Human
Rights and the non-governmental organization community and recommends
that the Government and the National Assembly retain basic principles
in the draft such as simple and clear registration procedures,
non-intrusive reporting requirements and guarantees against arbitrary
dissolution.

103.     A draft law on the control of drugs was submitted to the
National Assembly in May 1996.  The draft was prepared by the Ministry
of Justice with the assistance of the United Nations International
Drug Control Programme.  The draft contains provisions, such as the
right of the police to undertake searches, seizures and asset
confiscations without court order, extended periods of detention for
accused persons, telephone tapping and postal searches, which may
contradict the Cambodian Constitution, the International Covenant on
Civil and Political Rights and Cambodian criminal law and procedure. 
The Special Representative recommends that the Government and National
Assembly consult with the Centre for Human Rights, other legal experts
and human rights non-governmental organizations to ensure that the
draft conforms with human rights norms.

104.     The right to environment and development is a major human
rights issue that affects the lives of most Cambodians.  Like his
predecessor, the Special Representative notes with concern reports
about continued illegal logging, despite government bans.  This
practice has serious consequences for everyone in Cambodia, in
particular the ethnic minorities in the north-east, whose culture and
livelihood depend on their immediate environment.  The Special
Representative notes the undertaking of the Government to take serious
measures to better regulate logging activities in Cambodia and
recommends that adequate legislative and administrative measures be
taken to ensure the full protection of these crucial rights.


                 V.  REPORTING OBLIGATIONS UNDER INTERNATIONAL
                     HUMAN RIGHTS CONVENTIONS                 

105.     The Constitution of Cambodia states that the Kingdom shall
recognize and respect human rights as stipulated in the Charter of the
United Nations, the Universal Declaration of Human Rights and, the
covenants and conventions related to human rights, women's and
children's rights' (art. 31).  Accordingly, Cambodia has ratified
major international human rights treaties, including the International
Covenant on Civil and Political Rights, the International Covenant on
Economic Social and Cultural Rights, the Convention on the Elimination
of All Forms of Racial Discrimination, the Convention on the
Elimination of All Forms of Discrimination against Women, the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and the Convention on the Rights of the Child. 
With these ratifications follow reporting obligations to facilitate
discussions with the six United Nations treaty Committees.

106.     The Special Representative welcomes the commitment and the
seriousness with which the Government is undertaking its reporting
obligations.  He takes note that the draft reports on the
implementation of the Convention on the Elimination of All Forms of
Racial Discrimination, the International Covenant on Civil and
Political Rights and the Convention on the Rights of the Child have
been completed, and that the Government is preparing its reports under
the Conventions against Torture and the Elimination of All Forms of
Discrimination against Women.  However, none of these reports have
been sent to the Council of Ministers for final approval before
submission to the United Nations monitoring committees in Geneva and
New York.

107.     During his mission, the Special Representative conveyed to
the First Prime Minister and the Secretary of State of the Ministry of
Justice, the importance of having the reports submitted in order that
the dialogue with the committees could start.  The First Prime
Minister said he would ask that the draft reports be submitted to him
and to the Second Prime Minister without delay so that the Government
can finalize them and forward them to the relevant committees.

108.     The Special Representative also met with the interministerial
subcommittees in charge of the preparation of the reports on the
Conventions against Torture and the Elimination of All Forms of
Discrimination against Women.  He was particularly impressed by the
seriousness of the work undertaken by both subcommittees.  He noted
the difficulties encountered in gathering relevant information and
data and encouraged further cooperation with ministries,
non-governmental organizations, and other institutions.  The Special
Representative was informed about steps taken by the subcommittee on
the Convention against Torture to document cases of allegations of
torture and other cruel, inhuman and degrading treatment or punishment
by cooperating with the human rights non-governmental organizations,
in particular Adhoc, Licadho and Vigilance, as well as by gathering
information from judges, prosecutors and local authorities in the
Provinces.  He discussed with the subcommittee the obligations under
the Convention against Torture, and especially the adoption of clear
legislation and instructions concerning the definition of torture and
appropriate penalties for offenders, the need to train law enforcement
officials, especially policemen, on the prohibition of torture and
forced confessions and on how to conduct investigations in accordance
with the law.  He suggested that the subcommittee raise awareness on
this issue by, for instance, advertising in all police stations and
relevant military offices statements by high-ranking officials
explaining the prohibition of torture and ill-treatment.  The Special
Representative also emphasized the need to introduce effective
procedural safeguards to prevent torture and ill-treatment, such as
appropriate procedures to allow complaints by victims; independent,
impartial and immediate investigations into such complaints; and
compensation to victims of torture and ill-treatment.

109.     In discussions with the subcommittee on the Committee on the
Elimination of Discrimination against Women, the problem of finding
statistics that are gender- specific was raised.  It was clarified
that the subcommittee had difficulties in obtaining relevant
information from the provinces, in particular from the rural areas, as
there was no effective system for countrywide data collection.  The
Special Representative suggested that the subcommittee inform the
relevant ministries about its problems in getting data and about the
need to have them collected.  The Special Representative was pleased
to know that there is now a Ministry of Women's Affairs and expressed
the hope that women's affairs would not be confined to that Ministry
alone but would be addressed by all ministries whenever relevant.


          VI.  FOLLOW-UP TO AND IMPLEMENTATION OF THE RECOMMENDATIONS
               OF THE PREVIOUS SPECIAL REPRESENTATIVE                

110.     The General Assembly in its resolution 50/178 and the
Commission of Human Rights in its resolution 1996/54 had requested the
Special Representative, in collaboration with the Cambodia Office of
the Centre for Human Rights, to continue the evaluation of the extent
to which the recommendations of the previous Special Representative
had been followed up and implemented.  The new Special Representative
has seen that request as an important aspect of his task, also for the
purpose of ascertaining consistency in the United Nations approach to
the assistance to the Government in ensuring the protection of the
human rights of all in Cambodia.

111.     The recommendations of the previous Special Representative
are important and cover a wide range of aspects of human rights.  It
is the opinion of the new Special Representative that the reporting of
the follow-up to these recommendations should be integrated into
established procedures for communications between the Government of
Cambodia and the United Nations rather than through the establishment
of any new mechanism.  Two routes have been suggested.  The first is
that the Special Representative in his reports to the General Assembly
and the Commission of Human Rights describe progress in the
implementation of previous recommendations when reporting on specific
areas; this is done in the present report on four particular topics: 
rights of the child, anti-personnel mines, the functioning of the
system of justice and, finally, political freedoms, including the
freedom of expression.  The second approach is that the Centre for
Human Rights provide the Ministry of Justice with documentation on the
previous recommendations organized according to the six human rights
conventions under which the Government is to submit reports. The
suggestion is that the Government include a response to these
recommendations in their reporting to the United Nations treaty
committees.  This simplified approach was proposed by the Special
Representative during his mission and agreed to by the Government.


                             VII.  RECOMMENDATIONS

112.     In the spirit of constructive cooperation, the Special
Representative submits for consideration the following suggestions to
the Government of Cambodia and to relevant institutions within the
international community.


                            A.  Rights of the child

113.     The Special Representative recommends that the Government of
Cambodia give urgent attention to the growing phenomenon of child
prostitution and trafficking.  A broad, comprehensive survey of the
scope and precise nature of the problem is needed, including of its
root cause.  A particular problem requiring further investigation is
the link between child prostitution and trafficking and other crimes,
for instance the trade in narcotics.  The role of the police and its
apparent inability to perform effective crime prevention in this area
is a priority area for a survey of this kind.

114.     Such gathering of data, background factors and analytical
information would assist the development of a comprehensive action
plan against child prostitution and trafficking.  The Cambodian
participation in the World Congress on Commercial Sexual Exploitation
in Stockholm in August 1996 and the resulting reports and
recommendations would also contribute to the action plan.  Both the
Centre for Human Rights and representatives of the non-governmental
organization community in Cambodia can be seen as partners in this
planning effort, which would include effective criminal measures
against all those who abuse children or organize their exploitation. 
Bilateral and multilateral donor agencies could be invited to
contribute to the planning process and to the subsequent
implementation efforts.

115.     Efforts are also needed for prevention.  An awareness
campaign is required that would include the pagodas and other Buddhist
institutions, the schools, the local authorities and the media.  This
might be a project to discuss and develop within the framework of the
Cambodian National Council for Children.

116.     It is important that activities of non-governmental
organizations specializing in programmes to assist child victims of
sexual abuse be supported in order that these efforts can continue and
that the methodology can develop.  This is an area in which foreign
assistance is invited.


                  B.  Rights violated by the use of landmines

117.     The Special Representative recommends that the policy of a
total ban of anti-personnel mines be confirmed through the early
approval by the Council of Ministers of the draft law on landmines. 
This would allow for its adoption by the National Assembly before the
end of the year.

118.     It is essential that Cambodia continue to take part in the
international efforts to prevent manufacture, trade and use of
anti-personnel mines.  This would be further facilitated by
ratification by the Government of Cambodia of the 1981 Convention on
Prohibitions or Restrictions on the Use of Certain Conventional
Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects.

119.     Further international assistance is needed for the support of
the demining programmes in Cambodia.  The demining projects of
experienced organizations like the Cambodian Mines Action Centre, the
Mines Advisory Group, the Halo Foundation and the Compagnie franc'aise
d'assistance require and deserve further funding.

120.     The Special Representative expresses his concern about the
security of demining personnel and suggests that effective measures be
taken against any group that kidnaps or otherwise terrorizes these
workers.  This will require pre-planning and a coordinated approach
between the Government, the involved organizations and international
agencies.  When hostages are taken, no efforts should be spared for
their safe liberation.


                C.  Rule of law, independence of the judiciary
                    and administration of justice             

121.     The Special Representative recommends that the Supreme
Council of Magistracy be urgently convened and that it announce its
selections for the Constitutional Council.  It is important that the
Supreme Council move quickly to appoint impartial, professional and
well-trained judges and prosecutors to the provincial and municipal
courts.  The Council has the essential duty to ensure that judges and
prosecutors are politically neutral.  Judges and prosecutors should
not be members of any political party.

122.     Qualified, politically independent persons are to be selected
as members of the Constitutional Council.  It is important that this
body be convened in the near future.  An organic law on the
organization and operation of the Council needs to be drafted and
submitted to the National Assembly as soon as possible.

123.     Also, there is a requirement in the Constitution that a law
on the functioning of the judiciary be drafted and submitted to the
National Assembly.

124.     The budget for the administration of justice needs to be
increased in the next national budget.  Judges and prosecutors deserve
a wage commensurate with their status as the constitutionally co-equal
third branch of government.  Funds are also required to renovate
Cambodia's courts and for the operating costs of the courts, such as
investigations and travel.

125.     The Special Representative appeals to the international
community to continue to provide support for training of the judiciary
through the judicial mentors programme and the Cambodian court
training project, for court renovation and for the publication and
dissemination of laws and regulations, including through the Official
Journal.

126.     A government initiative is needed to instruct relevant
ministries and local authorities, such as police, military personnel,
military police, prison officials and local civil servants, to improve
their cooperation and coordination with the courts, including by
faithfully implementing court orders.  In particular, it is important
that they be instructed to respect the independence of the judiciary
and to desist from actions that may interfere with the integrity of
the judicial process.

127.     The Special Representative recommends that adequate security
be provided to court personnel as necessary.  It is also of greatest
importance that persons who have attacked or threatened to attack
courts and court personnel be identified and prosecuted.

128.     The principle that all persons be treated equally before the
law is fundamental and requires the repeal of article 51 of the Law on
Civil Servants.

129.     Steps are needed to ensure that adequate numbers of lawyers
and defenders be made available to accused persons.  It is necessary
that defenders be allowed to operate in Cambodia beyond 1997, as most
accused persons are poor and do not and will not have access to
lawyers.

130.     The Special Representative proposes that clear measures be
taken to ensure that judges consider only evidence presented at trial
when making a decision.  Evidence should come from live witnesses,
subject to court questioning and cross-examination, and not from
hearsay reports of witness statements, so as to ensure the right of
the accused to examine the witnesses against him or herself.  Police
reports alone can not provide the basis for conviction in a fair
system of justice.  Police officers providing evidence must also be
available for examination as required by Cambodian law.

131.     The Special Representative also suggests further initiatives
to ensure that judges and prosecutors are encouraged to make inquiries
into the circumstances surrounding all confessions offered as evidence
in criminal trials in order to prevent torture; that forced
confessions not be admitted as evidence in trials; that any persons
involved in the use of physical force to obtain a confession be
prosecuted; and that prosecutors should individually interview
prisoners who show signs of injury during their prison visits and
initiate investigations and prosecutions where there is sufficient
evidence of torture.


           D.  Elections, political rights and freedom of expression

132.     The Special Representative makes the following
recommendations:

     (a) That a law on political parties allowing full freedom for the
formation and operation of political parties be adopted as soon as
possible.  Until such a law is adopted new political parties should be
registered following the provisions of the UNTAC Electoral Law;

     (b) That laws on the commune and national elections be drafted
and adopted as soon as possible to allow the maximum time for the
preparation of and full participation in free and fair elections.  As
stated by the King, the First Prime Minister and the Co-Minister of
the Interior, all armed forces should be neutralized during the
election period.  The laws should also contain provisions for an
independent electoral commission, equal access to the media, an
effective mechanism to ensure secret ballots, dispute resolution
mechanisms and clear authority for the participation of non-
governmental organizations in voter education and election monitoring;

     (c) That the administrative framework for the elections be
developed as quickly as possible and cooperation be developed with the
non-governmental coalitions for free and fair elections, the Committee
for Free and Fair Elections in Cambodia and the Coalition for Free and
Fair Elections.  Following the UNTAC elections, Cambodia has thousands
of trained and capable election workers in many fields.  The
Government should identify and recruit such persons to assist in the
conduct of the election with the support of the donor community;

     (d) That the Government bring to justice all persons involved in
acts of violence, intimidation, threats or other acts that may
jeopardize a neutral political climate in which free and fair
elections may be conducted.  Instructions should be given to all armed
forces, regular and irregular, not to interfere with the activities of
lawful political parties;

     (e) That the relevant authorities conduct a thorough,
professional and impartial investigation into the assassination of
Thun Bun Ly.  The results of the investigation should be made public
and the perpetrators brought to justice.  Other cases of violence
against journalists must be investigated in the same manner and the
perpetrators identified and prosecuted.  A comprehensive inquiry into
the problems of such criminal investigations is urgent;

     (f) That no journalist should be imprisoned for the words he or
she writes.  In the case of defamation or other violation of the law,
civil remedies should be used;

     (g) That the donor community continue to provide financial and
technical support to efforts for the improvement of the standard of
journalism and for enhanced training and a fuller understanding of
professional and personal ethics;

     (h) That a broadcast law be drafted specifying the rights and
responsibilities of broadcasters and a procedure for obtaining a
broadcasting licence.  Television and radio frequencies should be
allocated on a non-political and non-partisan basis.


                           E.  Reporting obligations

133.     The Special Representative recommends that the Government of
Cambodia give urgent priority to the early submission of reports under
the procedures of the international human rights treaties that
Cambodia has ratified.  Particular attention should be given to the
immediate submission of the report on the Convention on the
Elimination of All Forms of Racial Discrimination.


                           VIII.  CONCLUDING REMARKS

134.     Given the human and material devastation resulting from the
bombings in the early 1970s, the mass killings and destruction under
the Khmer Rouge regime and the prolonged civil war and international
isolation of Cambodia for nearly 13 years, Cambodian society has made
truly remarkable progress since 1993.  Within three years after the
formation of the Government, Cambodia has become one of the freest
countries in the region.  A dialogue has been initiated between groups
that had stood widely apart:  people with totally different
experiences and opposing views have until now managed to share
positions in a national Government.

135.     Through the implementation of the Paris Agreement, the
violent political change that characterized Cambodian politics since
1970 has been replaced by a peaceful process of change through
dialogue and cooperation and the adoption of a democratic electoral
process.  The Special Representative believes that this peaceful
process of change must continue and be developed and strengthened, as
it is vital for the reconstruction of Cambodia.

136.     A vivid non-governmental community is developing and
contributes to the public discussion.  The authorities consult with
these groups, in some cases very constructively.  The media is active
and critical, though some newspapers sometimes fall short of basic
ethical and professional standards in their writings.  Important
pieces of legislation have been passed, even if they do not always
conform to international human rights standards.  Impressive human
rights education is organized for key groups, including the police and
the military.

137.     However, the situation is fragile.  Cambodia is still a poor
country suffering from a lack of educated officials and professionals. 
Attitude changes for a broad recognition of basic democratic
principles are necessarily slow, and patience and determination are
required.  The political scene shows contradictions that could easily
paralyse decision-making and government administration.  Tendencies
toward corruption do exist and remaining Khmer Rouge forces threaten
public security.  After completing his first mission, the Special
Representative would like to emphasize that the United Nations
approach to the support for human rights in Cambodia needs to be
systematic and long-range in order to allow for a sustainable
contribution.  Such cooperation should be developed in a spirit of
mutual recognition and understanding.

138.     The Special Representative hopes to contribute to such a
systematic approach by maintaining constructive dialogue with the
Government and the people of Cambodia, guiding and coordinating the
United nations human rights presence in Cambodia and assisting the
Government in the promotion and protection of human rights.

139.     Constructive contact was established during the first mission
with both the Government and the non-governmental community. 
Unfortunately, the King was not in the country at the time and the
Special Representative looks forward to a future audience with him.

140. Within the United Nations system in Cambodia, responsibility for
support programmes for human rights rests primarily with the Cambodia
Office of the Centre for Human Rights.  The Special Representative
works closely with the Office.  The programmes of FAO, ILO, UNDP,
UNESCO, UNFPA, UNHCR, UNICEF, UNV, WFP and WHO also contribute
considerably to the promotion of human rights, particularly in the
field of economic and social rights.  The Special Representative met
with staff of these organizations during his mission and intends to do
so again on future missions.  Although every organization has its own
independent programme, there is coordination between them.  The
Special Representative also consults with the Secretary-General's
Representative in Cambodia and intends to keep an ongoing dialogue
with the diplomatic representatives in Cambodia.

141.     Assistance to the Government will come through direct
meetings with its representatives, written communications between the
missions and the reports to the General Assembly and the Commission of
Human Rights.  Draft reports will be shared with the Government before
they are finalized:  this is also part of the dialogue.  However, the
Special Representative also believes he has a task in this regard in
explaining the human rights situation to the international community
and appealing for constructive support when necessary.


                                     Notes

     1/  E/CN.4/1994/73 and Add.1, E/CN.4/1995/87 and Add.1 and
E/CN.4/1996/93, respectively.

     2/  E/CN.4/1996/93.


                                    ANNEX I

                 Programme of the first official visit of the
                 Special Representative for Human Rights in  
                        Cambodia (24 June-6 July 1996)


Monday, 24 June

12.15 p.m.     Arrival at Pochentong Airport

7 p.m.         Dinner with Mr. Daniel Pre'mont, Director of the Cambodia
               Office of the Centre for Human Rights

Tuesday, 25 June

7.30 a.m.      Meeting with Mr. Benny Widyono, United Nations
               Representative of the Secretary-General in Cambodia

9.30 a.m.      Briefing by the staff of the Centre for Human Rights

2.30 p.m.      Meeting with Mr. Ung Huot, Minister of Foreign Affairs
               and International Cooperation

3.30 p.m.      Meeting with the Ambassadors accredited to Cambodia

5 p.m.         Meeting with the Venerable Maha Gossananda on Buddhism
               and human rights

Wednesday, 26 June:  children rights

7.30 a.m.      Briefing by the Centre for Human Rights on children
               rights issues

8.30 a.m.      Meeting with the main Cambodian non-governmental
               organizations working on children rights

2.30 p.m.      Meeting with concerned United Nations and international
               organizations on child trafficking and prostitution

4.30 p.m.      Briefing by international non-governmental organizations
               on landmine issues

7.30 p.m.      Dinner with Mrs. Friedrun Medert, Head of the delegation
               of ICRC

Thursday, 27 June

8.30 a.m.      Meeting with the Ambassadors of the European Union and
               the representative of the European Commission

10.30 a.m.     Meeting with the Interministerial Subcommittee on the
               Convention against Torture

12.15 p.m.     Lunch with the Ambassador of the Netherlands, the
               representative of UNICEF and the Centre for Human Rights
               on technical cooperation on children rights between the
               Centre and UNICEF

2 p.m.         Visit of and meeting with the Phnom Penh Municipal
               Tribunal

3.30 p.m.      Visit of and meeting with the Court of Appeal

5 p.m.         Visit of and meeting with the Supreme Court

Friday, 28 June

8 a.m.         Meeting with Mr. Gildas Le Lidec, Ambassador of France

9.45 a.m.      Meeting with the Interministerial Subcommittee on the
               Committee on the Elimination of Discrimination against
               Women 

11 a.m.        Meeting with the Centre for Human Rights judicial mentors

2.30 p.m.      Visit of and meeting with the Kandal Provincial Court

4 p.m.         Visit of Ta Khmau/Kandal provincial prison

Saturday, 29 June:  non-governmental organizations

8 a.m.         Meeting with Cambodian human rights non-governmental
               organizations

3.40 p.m.      Departure for Siem Reap

5 p.m.         Briefing by staff of the Centre for Human Rights in Siem
               Reap

7 p.m.         Meeting with local human rights non-governmental
               organizations

Sunday, 30 June

8 a.m.         Visit of a demining site in an inhabited zone outside
               Siem Reap

11.30 a.m.     Meeting with the Khmer National Party provincial
               representative

2 p.m.         Meeting with the President of the United Front in Siem
               Reap, and party representatives from Sot Nikhum and Svay
               Loeu districts

Monday, 1 July

8 a.m.         Meeting with the Siem Reap Tribunal and the Centre for
               Human Rights judicial mentor in Siem Reap

10 a.m.        Meeting with the Commander of the Gendarmerie

11 a.m.        Meeting with Cambodian People's Party provincial
               representative

2.30 p.m.      Meeting with the Governor and First Vice-Governor

5.15 p.m.      Departure for Phnom Penh

Tuesday, 2 July

8 a.m.         Briefing by the Centre for Human Rights

10 a.m.        Meeting with the United Nations Resident Coordinator, the
               heads of the United Nations agencies, funds and
               programmes, the European Union, the International
               Organization for Migration and the International
               Committee of the Red Cross 

12.15 p.m.     Lunch with Mr. Toni Kevin, Ambassador of Australia

2 p.m.         Meeting with Mr. Kem Sokha, Chairman, and Ms. Sam Kanitha
               and Mr. Sen Slaiman, members of the National Assembly
               Commission on Human Rights and Reception of Complaints

4.30 p.m.      Audience with Mr. Samdech Hun Sen, Second Prime Minister

Wednesday, 3 July

7.30 a.m.      Briefing on press issues

8 a.m.         Meeting with representatives of the three Cambodian
               journalists associations and other journalists on freedom
               of expression and the press and the protection of
               journalists

12 noon        Lunch hosted by Mr. Wiprecht von Treskow, Ambassador of
               Germany

7 p.m.         Public meeting and discussion on the concepts, meaning
               and practice of international human rights protection and
               promotion

Thursday, 4 July

8 a.m.         Police human rights training by Vigilance

9 a.m.         Meeting with Mr. Uk Vithun, Secretary of State for
               Justice

12 noon        Lunch with the Ambassadors of ASEAN countries

2.30 p.m.      Meeting with Mr. Paul Reddicliff, Ambassador of the
               United Kingdom of Great Britain and Northern Ireland

4 p.m.         Audience with Prince Norodom Ranariddh, First Prime
               Minister

Friday, 5 July

8 a.m.         Meeting with provincial officers of the Centre for Human
               Rights

3 p.m.         Meeting with Mr. Kenneth Quinn, United States Ambassador

6.30 p.m.      Dinner hosted by Mr. Ung Huot, Minister of Foreign
               Affairs

Saturday, 6 July

10 a.m.        Press conference for the local press

11 a.m.        Press conference for the international press

2 p.m.         Visit of the Tuol Sleng Genocide Museum

4.45 p.m.      Departure


                                   ANNEX II

                 Human rights recommendations 1996 (continued)
                    and follow-up by the Government, if any


25 March 1996:  Illegal arrest and deportation of three suspected
members of the Free Viet Nam group

     Repeated attempts to seek a meeting with the Ministry of Interior
did not meet with success.  Cambodian nationality was established in
two of the three cases.  The three members of the group were confirmed
detained in Ho Chi Minh City for "investigation".


                                     ----- 

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