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Briefing Notes & Legal Analysis
Discrimination Against LGBT People in the Cambodian Legal Framework
Released on 2014-08-21
Although domestic law in the Kingdom of Cambodia (“Cambodia”) does not criminalize homosexuality, lesbian, gay, bisexual and transgender (“LGBT”) Cambodians face discrimination and abuse due to their sexual orientation and gender identity (“SOGI”), both at the hands of the State and within society in general. This is due in large part to the legal framework, which does not specifically protect LGBT people, failing to include SOGI in the list of prohibited grounds for discrimination. This impacts the way in which LGBT Cambodians are seen by society and contributes to fueling discrimination and marginalization.
Briefing Note
Freedom of Information and Legislative Transparency in Cambodia
Released on 2014-08-04
This Briefing Note focuses on the current lack of legislative transparency in the Kingdom of Cambodia (“Cambodia”). Laws are almost always drafted in secrecy, without the inclusion of relevant stakeholders. This results in frustration on the part of civil society organizations (“CSOs”), non-governmental organizations (“NGOs”), and regular citizens, who want – and are rightfully entitled to –meaningful consultation on the legal documents by which they will be forced to abide.
Briefing Note
The Failure of Land Dispute Resolution Mechanisms
Released on 2014-07-28
This Briefing Note considers the current state and practice of dispute resolution mechanisms in the Kingdom of Cambodia (“Cambodia”), which have been formed to address land disputes and conflicts arising from economic land concessions (“ELCs”) and land grabs by powerful individuals and companies. The first section of this Briefing Note gives an introduction to land rights abuses in the context of ELCs and land grabs, and discusses the relevance for studying land dispute resolution mechanisms in Cambodia.
Briefing Note
The Criminalization of Defamation and Freedom of Expression in Cambodia
Released on 2014-05-27
This Briefing Note outlines the domestic and international legal framework regulating the criminalization of defamation in the Kingdom of Cambodia (“Cambodia”). The Royal Government of Cambodia (“RGC”) uses the defamation provisions of the Cambodian Criminal Code 2009 (the “Criminal Code”) as a tool to crack down on the exercise of free speech by journalists, the political opposition and human rights defenders and activists. The criminalization of defamation further stifles the right to freedom of expression in Cambodia, where the right is already under threat, and thus violates the RGC’s obligations to its citizens under the Constitution of the Kingdom of Cambodia (the “Constitution”) and international law.
Briefing Note
Judicial Reform
Released on 2014-05-12
This Briefing Note outlines the current state of the judiciary in the Kingdom of Cambodia ("Cambodia"), analyzes shortcomings in the functioning of the judiciary and courts, and offers recommendations for reforms which would substantially benefit the functioning of the judiciary and facilitate greater judicial independence in Cambodia
Briefing Note
Freedom of Association for Unions
Released on 2014-04-17
This Briefing Note focuses on the right to freedom of association for unions in the Kingdom of Cambodia (“Cambodia”), through examining the current status of freedom of association in the country; considering the drafting of the Law on Trade Unions (the “Law”), which the Royal Government of Cambodia (the “RGC”) has pledged to adopt by the end of 2014; and offering concrete recommendations to the RGC on the draft Law to ensure it complies with international human rights standards and guarantees the right to freedom of association.
Briefing Note
Cambodia: Freedom of Assembly “on hold”
Released on 2014-04-08
This Briefing Note focuses on freedom of assembly in the Kingdom of Cambodia (“Cambodia”), and the current unlawful ban on all assemblies, announced by the Ministry of Interior of the Royal Government of Cambodia (the “RGC”) on 4 January 2014.
Briefing Note
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