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Cambodia Freedoms of Expression, Association and Assembly: a Shrinking Space

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CAMBODIA FREEDOMS OF EXPRESSION, ASSOCIATION AND ASSEMBLY: A SHRINKING SPACE International FACT-FINDING MISSION Report with cooperation from the International Trade Union Confederation (ITUC) © Peter Harris - Fotojournalism.net September 2010 SOS-Torture Network TABLE OF CONTENTS Acronyms 4 I. Introduction 5 1. Delegation’s composition and objectives of the mission 5 2. Context of the mission 5 II. Legal framework governing fundamental freedoms 9 1. Impending adoption of a law regulating NGOs’ activities 10 2. The new Criminal Code 11 3. Restrictions on the right to peaceful demonstration 13 4. The draft Trade Union Law 15 5. The Anti-Corruption Law 16 6. Existing legal framework on freedom of the media 17 III. Attacks against land activists in the framework of land conflicts 18 1. Land conflicts: “A core area for concern” 18 2. Historic context and legal framework 19 3. Threats and violence against land activists 20 IV. Threats against trade unionists 24 1. The trade union landscape 24 2. A change of strategy: from overt violence to legal threats 24 V. Threats against journalists and the problem of self-censorship 28 VI. Conclusion 30 VII. Recommendations 32 Annex 1: Persons met by the mission 35 Annex 2: LICADHO’s list of human rights defenders detained as of December 8, 2009 in 18 prisons (out of a total of 25) 37 This report has been produced with the support of the European Union, the International Organisation of the Francophonie and the Republic and Canton of Geneva. Its content is the sole responsibility of FIDH and OMCT and should in no way be interpreted as reflecting the views of the supporting institutions. Directors of publication: Souhayr Belhassen, Eric Sottas Authors of the report: Emilie Cuq, Will Fitzgibbon, Jens Tinga Edition and coordination: Isabelle Brachet, Alexandra Poméon, Delphine Reculeau Printed by FIDH Dépôt légal Juillet 2010, ISSN en cours - Fichier informatique conforme à la loi du 6 janvier 1978 - (Déclaration N° 330 675) ACRONYMS ACU Anti-Corruption Unit ADHOC Cambodian Human Rights and Development Association APSARA Authority for the Protection and Management of Angkor and the Region of Siem Reap ASEAN Association of Southeast Asian Nations BWI Building and Woodworkers International CCHR Cambodian Centre of Human Rights CCWTUF Cambodian Construction Workers’ Trade Union Federation CESCR United Nations Committee on Economic, Social and Cultural Rights CLEC Community Legal Education Centre CPP Cambodian People’s Party CTSWF Cambodian Tourism and Services Workers’ Federation ECCC Extraordinary Chambers in the Courts of Cambodia FIDH International Federation for Human Rights FTUWKC Free Trade Union of Workers of the Kingdom of Cambodia HDI Human Development Index HRC United Nations Human Rights Council ICCPR International Covenant on Civil and Political Rights ILO International Labour Organisation LICADHO Cambodian League for the Promotion and Defense of Human Rights NAC National Anti-Corruption Commission OHCHR United Nations Office of the High Commissioner for Human Rights OMCT World Organisation Against Torture SRP Sam Rainsy Party UNTAC United Nations Transitional Authority in Cambodia UPR Universal Periodic Review 4 The Observatory CAMBODIA: Freedoms of expression, association and assembly: a shrinking space I. INTRODUCTION 1. Delegation’s composition and objectives of the mission Alerted by numerous reports concerning increasing restrictions on the rights to freedom of expression, association and assembly in Cambodia, the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), within the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, decided to conduct an international fact-finding mission on the situation of human rights de- fenders in the country. The mission was composed of Mr. Jens Tinga, trade union representa- tive (the Netherlands), Ms. Emilie Cuq, lawyer (France), and Mr. Will Fitzgibbon, researcher (Australia) (hereinafter “the Delegation”). The main objectives of the Delegation, which visited Cambodia between February 14 and 24, 2010, were to investigate the general human rights situation and the environment in which human rights defenders carry out their work, and to assess the impact of the existing legal framework and bills announced or proposed by the Government of the Kingdom of Cam- bodia on human rights defenders: the draft Law on Associations and Non-Governmental Organisations, the draft Law on Trade Unions, the Anti-Corruption Law1, as well as the new Criminal Code and the recently-adopted Law on Peaceful Demonstrations (December 2009). The Delegation paid particular attention to the situation of human rights defenders active in the areas of forced evictions, labour and trade unionism as well as the media. The mission was prepared with cooperation from the International Trade Union Confedera- tion (ITUC). During its 10-day mission, the Delegation met with representatives of the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) and the Cambodian Human Rights and Development Association (ADHOC), with journalists, land activists, trade union leaders, interna- tional and national NGO leaders, foreign diplomats and representatives of international organisa- tions such as the European Union, the United Nations Office of the High Commissioner for Hu- man Rights (OHCHR) and the International Labour Organisation (ILO), as well as with members of the Cambodian judiciary (prosecutors, judges, lawyers and the Secretary-General of the Bar Association of the Kingdom of Cambodia), provincial governors and senior officials of the Ministry of Labour. These meetings took place in Phnom Penh, Siem Reap and Ratanakiri. The Delegation wishes to thank ADHOC and LICADHO for their invaluable help in prepar- ing this mission. The Delegation also wishes to thank the Cambodian authorities who ac- cepted to meet with the mission members. 2. Context of the mission Political context Over the past 15 years, Cambodia has started to recover from the civil war that ravaged the country for decades. There was a sense that the rule of law and democratic principles would progressively gain strength in the country. The wording of the UN Security Council Resolution 745(1992) establish- ing the United Nations Transitional Authority in Cambodia (UNTAC) reflects those expectations2. 1 This law passed through Cambodia’s National Assembly on March 12, 2010, without amendment, during the finalisation of this report. For a response by 200 local Cambodian organisations and associations to this Law, see the Joint Statement by Coalition of Cambodian Civil Society Organisations on Draft Anti-Corruption Law, March 11, 2010. 2 Resolution 745(1992) of February 28, 1992 establishing UNTAC, e.g. The following paragraphs: “Desiring to contribute to the restoration and maintenance of peace in Cambodia, to the promotion of national reconciliation, to the protection of human rights and to the assurance of the right to self-determination of the Cambodian people through free and fair elec- tions; Convinced that free and fair elections are essential to produce a just and durable settlement to the Cambodia conflict, thereby contributing to regional and international peace and security”. 5 The Observatory CAMBODIA: Freedoms of expression, association and assembly: a shrinking space Cambodia appears to be at a turning point: while commercial and business development continues, the human rights situation is not improving and, according to a number of local observers, is even deteriorating. If this trend were to continue, it could result in an erosion of progress that has been made in this area in the past decade. The need to closely follow-up the situation at this particular juncture is crucial. The mission took place in a context in which civil liberties are already severely restricted. The 2008 elections, won by the Cambodian People’s Party (CPP), confirmed and consolidated the de facto one-party predominance since 1997. The overwhelming political dominance of the CPP has led to a visible shrinkage of the democratic space and intimidation and persecu- tion of not only members of the opposition, but also NGOs activists and community leaders opposing forced evictions, journalists expressing views critical of Government policies, and independent labour leaders. In 2009, three opposition parliamentarians were stripped of their parliamentary immunity and threatened with prosecution. Mr. Sam Rainsy, leader of the main opposition party Sam Rainsy Party (SRP) had his parliamentary immunity taken away so that he could be crimi- nally prosecuted. On January 27, 2010, he was convicted and sentenced to two years in prison and given a 12,207 euros fine for destroying public property after moving a number of markers on the Cambodia - Vietnam border in October 2009. The exact delineation of the border between the two countries has not yet been finalised, while critics have deplored the demarcation process as lacking transparency. By this time, Mr. Sam Rainsy had left the country and he continues to live in exile in France. Ms. Mu Sochua, a senior SRP Parliamen- tarian, had her parliamentary immunity taken away on June 22, 20093 and was convicted of criminal defamation of Prime Minister Hun Sen on August 4, 2009, carrying an eight million riel (approximately 1,545 euros) fine. Ms. Mu Sochua took her case to the Supreme Court and on June 2, 2010, the Supreme Court affirmed her conviction4. Mr. Kong Sam Onn, the human rights lawyer assisting Ms. Mu Sochua in her defamation case, was forced to join the CPP and write an apology letter to the Prime Minister to avoid facing criminal defamation charges himself5. Mr. Ho Vann of the SRP was also stripped of his parliamentary immunity on June 22, 2009, because a criminal defamation case had been brought against him by the Cambodian Armed Forces. He was acquitted by the Phnom Penh Court on July 17, 2009. The Prosecutor had one month to appeal the verdict, which he did not. While Mr. Ho Vann should have been granted his parliamentary immunity back when the verdict was enacted on Au- gust 17, 2009, the National Assembly waited until March 5, 2010 to restore the immunity6.
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