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Cambodia a High-Risk Activity

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THE OBSERVATORY for the Protection of Human Rights Defenders L’OBSERVATOIRE EL OBSERVATORIO pour la protection para la Protección des défenseurs des droits de l’Homme de los Defensores de los Derechos Humanos Defending Economic and Social Rights in Cambodia A High-Risk Activity Introduction........................................................................................................................................................................4 A. Cambodia – a snapshot ...............................................................................................................................................5 B. Legislative Framework on Freedoms of Expression and Assembly.......................................................................8 C. Land Management and Human Rights in Cambodia...............................................................................................11 D. Threats to Journalists and Human Rights Defenders reporting about Land Disputes.......................................22 E. The Increasing Attacks on Trade Union Leaders ....................................................................................................25 F. Conclusions and recommendations..........................................................................................................................28 Annex: persons met by the mission .............................................................................................................................30 International Federation for Human Rights 17, Passage de la Main d'Or 75011 Paris, France World Organisation Against Torture Case postale 21 - 8, rue du Vieux-Billard 1211 Geneva 8, Switzerland February 2008 - N°487/2 Defending Economic and Social Rights in Cambodia A High-Risk Activity Cambodia http://www.1clic1planet.com Capital : Phnom Penh Land Area : 181,035 sq.km Population : 13.124764 Million (2003 est.) Official Language : Khmer Major Export Products : Garments/Textile Product, Sawn Wood Furniture and Rubber Head of State : His Majesty Samdech Preah Baromneath Norodom Sihamoni Head of Government : H.E. Samdech Hun Sen, Prime Minister (Source : http://www.cambodia.gov.kh/) GDP growth rate (in %) in 2003 (8,6%), 2004 (10%) and 2005 (13,5%) Adult literacy rates in 2004 : males : 84,7% / females : 64,7% Child labour : about 23% Maternal mortality ratio : 472 per 100,000 live births Infant mortality (children under 5 years) : 83 for 1000 live births in 2005 Access to potable drinking water : at most 40% in 2004 (Source: Cambodia Human Development Report 2007, UNDP) FIDH-OMCT / PAGE 2 Defending Economic and Social Rights in Cambodia A High-Risk Activity Contents Introduction . 4 A. Cambodia – a snapshot . 5 B. Legislative Framework on Freedoms of Expression and Assembly . 8 I. The Constitution . 8 II. Freedom of Expression. 8 a) The Law relating to the Press . 8 b) Defamation, Disinformation and Incitement Charges . 8 III. Freedom of Assembly . 9 a) The 1991 Law on Demonstrations. 9 b) The Draft Law on Public Assembly . 10 C. Land Management and Human Rights in Cambodia . 11 I. Existing Legal Provisions on Access to Land . 11 a) National Framework . 11 b) International Framework . 12 II. The Process of Land Redistribution . 13 III. The practice of forced evictions and relocation of communities . 14 a) Illicit forced eviction of 105 families in Sihanoukville . 14 Recounting of the events . 14 Mission’s visit to the relocation site . 15 Mission’s visit to the detainees in the Sihanoukville prison . 15 b) The eviction of the Samok Chab community . 16 Mission’s visit to the relocation site . 16 c) Repression in the framework of Forced evictions . 16 Individual testimonies of community leaders . 16 d) Prohibition of peaceful gatherings against forced evictions . 18 General overview of freedom of assembly . 18 The park next to Wat Botum . 19 D. Threats to Journalists and Human Rights Defenders reporting about Land Disputes . 22 I. The media situation . 22 II. The muzzling of human rights defenders working on land related issues . 22 a) The case of Global Witness. 22 The crackdown on the June 2007 report on illegal logging. 22 b) Other recent cases of repression . 23 E. The Increasing Attacks on Trade Union Leaders . 25 I. The case of Mr. Hy Vuthy . 25 II. The Chea Vichea murder and the imprisonment of two innocent men . 25 a) The first instance trial. 25 b) The Appeal trial . 26 III. The Temporary Detention of Eight Foreign Nationals . 26 F. Conclusions and recommendations . 28 Annex: persons met by the mission . 30 FIDH-OMCT / PAGE 3 Defending Economic and Social Rights in Cambodia A High-Risk Activity Introduction Upon request of LICADHO (Cambodian League for the Promotion and Defence of Human Rights) and ADHOC (Association for Human Rights and Development in Cambodia), the Observatory for the Protection of Human Rights Defenders, a joint programme of FIDH and the World Organization Against Torture (OMCT) requested two lawyers, Ms. Marie Guiraud, from France, and Mr. Andreas Kirsch-Wood, from Germany to undertake an international fact-finding mission to Cambodia to follow up the previous FIDH mission, held in 2005, on freedoms of expression and assembly. 1 The mission took place between 15 and 23 June 2007, and sought to assess the implementation of the right to freedom of expression and the right to peaceful assembly while paying special attention to the situation of activists dealing with forced evictions of rural villagers and other vulnerable groups from their land. The mission also worked on the impact on human rights of land management policies, in particular the practice of forced evictions and relocation of communities in Cambodia. In addition, the mission conducted interviews to examine attacks against leaders of trade unions, and to review what legal action has been taken in these cases, in connection with the exercise of their right to assemble and to freedom of expression. During their mission the chargés de mission met representatives of civil society, especially representatives of unions, community leaders, lawyers, and national NGOs in Phnom Penh and Sihanoukville. The mission also met representatives of the national authorities and diplomatic missions (list in Annex). The Observatory regrets, however, that the large majority of officials contacted before and during the mission declined to meet with the mission members.2 The Observatory is grateful for the special hospitality and support the mission received from LICADHO and ADHOC. 1. FIDH, Report, International Fact-Finding Mission, Threats to Freedom of Expression and Assembly in Cambodia, Paris, February 2006. See 2006 Annual Report of the Observatory for the Protection of Human Rights Defenders,” Steadfast in Protest” section on Cambodia, page 380. 2. The Minister of Justice and the Minister of the Interior were contacted in particular. FIDH-OMCT / PAGE 4 Defending Economic and Social Rights in Cambodia A High-Risk Activity A. Cambodia - A Snapshot Cambodia has made impressive strides in economic Although 60% of the population was born after 1980 and growth in recent years. The country experienced average therefore have not experienced the central rule of the Khmer annual GDP growth of nearly 9% over the past decade. Rouge regime, national and international interlocutors However, more than one third of the population still lives in emphasised that the shadows of the past still influence severe poverty. 3 In a recent report the World Bank also present developments. The Khmer Rouge remained active, found an increasing gap between rich and poor in in a limited way, as a military and political force until 1998. In Cambodia.4 Many observers believe that the benefits of addition, memories of the intra-government fighting between economic growth have yet to translate into better living CPP and FUNCINPEC (Front uni national pour un standards for many Cambodians. Cambodge indépendant, neutre, pacifique et coopératif) in 1997 (when the CPP ousted its coalition partner in a coup) International donors’ support to Cambodia has primarily remain fresh in Cambodians’ minds. Unsurprisingly, focused on public, administrative and land reform and on people’s fear of political violence and turmoil featured in the encouraging the government to tackle the widespread last election campaign. For example, activists for the problem of corruption. Generally, the aid flow has been Cambodia People’s Party (CPP – the ruling party) used stable and predictable and donors report that their unofficial slogans such as “Vote for CPP if you don’t want response is increasingly co-ordinated. So-called “joint war” during the communal election campaigns earlier this monitoring indicators” have been agreed upon between year. the government and donors and have been in effect for the last three years. Many of the indicators, particularly those Trials are still under preparation against those most relating to good governance reforms, have not been met responsible for the most serious violations during the by the government. According to donors, while foreign aid Khmer Rouge rule of the country under possible charges to Cambodia in the 1990s was a donor-driven process, such as war crimes, genocide, crimes against.
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