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Wednesday, August 1, 2012

To Serve and Protect-The State of Law and Order in Cambodia



When you look at issues facing developing countries, you start to see a common thread. One the grave consequence that is plaguing Cambodia is land grabbing, which has lead to the most systematic widespread violations of economic and social rights since the end of the 1980s. Land grabbing has affected the most destitute and impoverished segments of Cambodian society with occurrences being reported in both urban and rural dwellers as well as among indigenous and minority groups. The effects far reaching and profoundly felt and inflicts suffering ranging in severity from the inconvenience of relocation and resettlement to economic and social welfare loss leaving many homeless and helpless. In the majority of cases such suffering is compounded by the threats, intimidation, violence, imprisonment or even death.


Ethics, Morality, and Law: The pillars of society
During a recent interview with Phnom Penh Post on the 31 July 2012, a deputy police chief being sued for his alleged role in a pregnant woman being kicked in the stomach outside the appeal trial of the Boeung Kak 13 forced eviction victims turned advocates in June said “Is the victim old or young, and does she sue me to return her kid?” Phnom Penh municipal deputy police chief Phoung Malay said. “I want to tell her that if she wants to get back her kid, I am also young,” he said.
We must alter the current mindset in order to truly and completely up hold the basics of Human Rights wherein not denying human dignity to all women, men and children.  And in order to ensure this, we  recognize one of the basic principles of the prohibition of unnecessary and excessive use of force which states that the provisions for the right to life and security of person in the International Covenant on Civil and Political Rights (ICCPR) (articles 6 &9), oblige the Cambodian authorities to use force only when unavoidable and absolutely necessary, and then only minimally and with utmost caution. 
Gender Justice Scale: How are the police measuring up?

Principle 4 of the UN Basic Principles on the use of Force and Firearms by Law Enforcement Officials requires officials to as far as possible; apply non-violent means before resorting to the use of force and firearms. Officials may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result. 

Article 3 of the UN Code of Conduct for Law Enforcement Officials meanwhile, notes that firearms may be used only when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender.

If the use of force and firearms is unavoidable, Principle 5 of the UN Basic Principles on the use of Force and Firearms by Law Enforcement Officials states, among other things, that law enforcement officials MUST:

 (a)Exercise restraint in such use and act in proportion to the seriousness of the offense and the legitimate objective to be achieved;
 (b)Minimize damage and injury, and respect and preserve human life;
 (c)Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment.

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This is a central and crucial issue of gender justice which is integral to all major concerns facing economic and social justice. There is an alarmingly need to break through the vicious and destructive cycle of police brutality and public humiliation where a victim of a crime is victimized once again. Where does the buck stop and the humanity begin?

Related Links
  •  Code of Conduct for Law Enforcement Officers PDF (Unofficial English Translation) Contains rules for law enforcement officers on how they are to conduct themselves when on duty.