OneWorld.net's take: Cambodia is gradually assuming responsibility for the legal process to grant refugee status to foreign applicants, distinguishing itself from the majority of its neighbors, where the procedure is governed by the United Nations, reports an international refugee agency.
UNHCR staff and interpreters interview an asylum seeker (right) in Phnom Penh, Cambodia. © UNHCR CambodiaPlagued by its recent history of war and genocide, Cambodia is one of the
world's least developed countries, still facing the formidable
challenge of rebuilding social, political, and economic institutions. For more background on development, human rights, and conflict in the Southeast Asian nation, visit OneWorld UK's Cambodia country guide.
A recent clash between Cambodian and Thai soldiers -- part of a three-month border dispute between the two countries -- has forced many Cambodians to flee their homes and threatens to add ever more internally displaced people to the ranks of refugees living in Cambodia. "Both governments have attempted several negotiations since July -- including seeking intervention from the UN Security Council -- but have found no solution," reports the humanitarian news site IRIN.
From: United Nations High Commissioner for Refugees (UNHCR)
By Kitty McKinsey
PHNOM PENH, Cambodia, October 20 (UNHCR) – Many foreigners seeking
to be officially designated refugees in Cambodia are having their cases
heard these days in a brand new Cambodian Refugee Office at the immigration
department, rather than at the UN refugee agency's office as over the past
14 years.
The decision on whether or not to grant refugee
status still rests with UNHCR officers, in consultation with Cambodian
officials, but the change of location is an important move – symbolic
of this country's determination to take on new responsibilities in
protecting refugees' human rights.
Cambodia is one of only two
Southeast Asian nations to have signed the 1951
Refugee Convention, and expects within the next two weeks to
formalize the legal framework for establishing its own refugee status
determination (RSD) procedures – although the timetable for legal
adoption of the measure is not yet clear.
"The
transformation has started," said Thamrongsak Meechubot, UNHCR's
representative in Cambodia. "Things are moving since the government
agreed in June that it was prepared to take responsibility for refugee
status determination itself."
"It is a big challenge
for us," agreed Police Major General Thong Lim, director of the
Cambodian Immigration Department. "We really need UNHCR's full
support."
As in many countries that have not signed the
1951 Convention, or have signed it but not enacted legislation to bring it
to life, UNHCR conducts RSD interviews in Cambodia jointly with government
officials.
Maj. Gen. Thong said the government is finalizing a
draft that will be sent to legal experts and the Cambodian cabinet for
discussion before being presented to Prime Minister Hun Sen for approval as
a sub-decree with legal force.
The new refugee office already
has a structure in place under the immigration department, with 40 officers
to be deployed at border points around the country as well as in the
capital, Phnom Penh. Of crucial importance, Maj. Gen. Thong stressed, will
be training in refugee law so that Cambodia can live up to international
standards.
Even after Cambodia takes over responsibility for
RSD, the UN refugee agency will continue to give technical advice to
officials and ensure that international norms are upheld.
Maj.
Gen. Thong said Cambodia was embarking on a whole new set of issues –
how to tell people with fake claims from genuine refugees, and how to weed
out terrorists and those fleeing justice from people genuinely in need of
international protection.
Still, he thinks it is an important
step in Cambodia's maturity following the conflict and upheaval it
experienced from 1970 until 1993, and a way of honouring the refuge that so
many Cambodians received in other countries during this period.
The government has given signals that the sub-decree could be signed
before the end of the year, and Thamrongsak said, "We don't expect
legal complications. We expect a system that has flexibility. We don't want
to burden the Cambodian bureaucracy. We want to reinforce the Cambodian
bureaucracy to meet international legal standards."
Cambodia, which signed the 1951 Convention along with a raft of other
international treaties when it was under UN transitional authority in the
early 1990s, can be a trailblazer for much of Asia in this field.
Says Thamrongsak: "UNHCR hopes Cambodia can be a model for the
region," along with the Philippines, which acceded to the Convention
in 1980 and has both a legal framework and administrative regulations to
implement it.