UN RIGHTS EXPERT CONCERNED AT RESTRICTION OF LAWYERS’ FREEDOM IN CAMBODIA

A United Nations independent human rights expert today voiced concern at attempts to curtail lawyers' freedom to effectively represent their clients in Cambodia, with criminal charges being leveled recently against attorneys in the South-East Asian nation.

"To be able to represent their clients effectively, lawyers should not be subject to threats or intimidation, nor should they be targeted for prosecution or disciplinary action merely for having acted in the interests of their clients," said Leandro Despouy, the Special Rapporteur on the independence of judges and lawyers.

"Lawyers play an important role as defenders of human rights and must be free to represent their clients as they see fit in accordance with professional standards and the rule of law."

Last week, he said, a lawyer, working for an opposition member of the National Assembly who alleged that she has been defamed by the country's Prime Minister, was himself charged with criminal defamation and could be expelled from the Cambodian Bar Association.

This January, he added, defense lawyers representing defendants at the Extraordinary Chambers in the Courts of Cambodia (ECCC) – the UN-backed tribunal trying Khmer Rouge leaders accused of mass killings and other crimes three decades ago – were threatened with legal action by Cambodian judges for having called for corruption allegations at the tribunal to be properly investigated.

Further, Mr. Despouy noted, in June 2007, attorneys representing indigenous communities in Ratanakiri Province, involved in a land dispute with a businesswoman with ties to the Government, were threatened with criminal charges and disciplinary action for having allegedly "incited" communities to file a suit to reclaim their land.

The expert cautioned that these recent moves against lawyers seem to indicate a worrying new trend which could have a chilling effect on the legal profession, expressing his support and encouragement for the Bar Council and its President "in their efforts to strengthen the legal profession in Cambodia and to defend lawyers against attempts to undermine their independence."

In a press release, Mr. Despouy, who reports to the Geneva-based Human Rights Council in an independent and unpaid capacity, underscored that Cambodia's obligations under international law, as laid out in the UN Basic Principles on the Role of Lawyers, say that "lawyers should not be identified with their clients or their clients' causes as a result of discharging their functions."
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BELARUS MAKING STRIDES IN COMBATING HUMAN TRAFFICKING, UN EXPERT FINDS

BELARUS MAKING STRIDES IN COMBATING HUMAN TRAFFICKING, UN EXPERT FINDS
New York, May 26 2009 1:01PM
The United Nations independent expert on human trafficking today commended Belarus – which is creeping towards becoming a source, transit and destination country for victims – for its efforts to combat the scourge.

"I am very impressed by the political commitment demonstrated at the highest level to combat all forms of trafficking in Belarus," Joy Ngozi, the Special Rapporteur on trafficking in persons, especially women and children, said as she wrapped up a week-long visit to the country on 24 May.

"Trafficking in persons is a huge global problem that has turned into one of the fastest-growing criminal activities in the world today, affecting virtually every country either as source, transit and/or destination country for women, children and men trafficked for the purposes of sexual labour or labour exploitation," she stated.

During the visit, which was carried out at the invitation of the Government, Ms. Ngozi met with senior officials and representatives of state institutions and non-governmental organizations working to combat trafficking. She also visited a shelter run by the International Organization for Migration (<"http://www.iom.int/jahia/jsp/index.jsp">IOM), and the Territorial Center in the capital, Minsk, which provides a range of social assistance.

Belarus has ratified the Protocol on Trafficking in Persons to the 2000 UN Convention against Transnational Organized Crime (Palermo Protocol), under which States are required to take action to ensure the protection of trafficking victims, prevent trafficking and bring traffickers to justice.

The country "is on the verge of occupying the unenviable status of being a source, transit and destination country, which undoubtedly is a growing concern to the Government and hence the good leadership it has shown in this field," the Rapporteur said.

Belarus has introduced legislation and amended its criminal code to effectively combat the scourge, while an action plan has been developed and is being implemented, she added.

A high number of cases, also resulting in a high number of convictions, are being prosecuted. "The evidence of this huge success in prosecution indicates that the trafficking problem is not only real and serious in Belarus, but also that measures are being undertaken to deal with the menace," Ms. Ngozi noted.

She pointed out some areas in which the country could improve on this issue, such as boosting assistance to victims, ensuring that victims are not stigmatized, and addressing domestic violence which can perpetuate gender inequalities that can increase people's vulnerability to trafficking.

The Rapporteur, who was appointed to her position last June, reports to the Geneva-based UN Human Rights Council in an independent and unpaid capacity.
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