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Rule of Law
Hierarchy of Laws in Cambodia
Released on 2014-01-09
Domestic legal instruments follow a specific hierarchy that needs to be complied with in order to respect the principle of rule of law. However, there have been instances where the Royal Government of Cambodia (“RGC”) bypasses this hierarchy and uses lower legal instruments to regulate fundamental human rights issues.
Rule of Law
Applicability of International Human Rights Law in Cambodia
Released on 2014-01-09
The Royal Government of Cambodia (the “RGC”) is obliged to respect a number of​​ norms under international human rights law. It must comply with norms of Jus Cogens and customary international law and it is bound by international treaties and conventions it has ratified.
Rule of Law
The Labor Law 1997
Released on 2013-11-29
The Cambodian Center for Human Rights (“CCHR”) has classified the Labor Law as yellow, because, in spite of all the positive provisions introduced by the law, some of its dispositions incite job insecurity. Moreover, the Labor Law fails to provide a more coercive system that obliges factories and authorities to implement the provisions of the Labor Law.
Rule of Law - Yellow
Extradition in Cambodia
Released on 2012-07-06
Extradition procedures in Cambodia are dictated by the Code of Criminal Procedure 2007 (the “Code”) and by bilateral extradition treaties. In addition, international standards provide important guidance on proper extradition procedures. Recent experience has shown however that Cambodia’s extradition practices should be revised to incorporate human rights, as well as to ensure that extradition is applied without interference.
Rule of Law
Law on Administrative Management of Communes/Sangkats 2012
Released on 2012-06-08
RED (laws classified red should be rejected, annulled or re-drafted) The Cambodian Center for Human Rights (“CCHR”) has classified the Law as red. The dominant role that the Law grants the Ministry of Interior (the “MOI”) undermines some positive provisions, while the role of the commune/sangkat councils (the “Councils”) as representatives of the people is difficult to reconcile with their role as agent of the State, given that the former represents the interests of the people and the latter the interests of the State and the ruling party. Decentralization is an admirable objective, but only if it transfers power to the people at the grassroots level. The Law fails as regards this overriding objective.
Rule of Law - Red
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