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1 the Human Rights Situation in Cambodia in 2015 There Were A The Human Rights Situation in Cambodia in 2015 There were a number of worrying developments in the field of human rights in Cambodia in 2015. Despite the Kingdom’s continuing economic development, the overall trend continuing from 2014 is toward further restrictions of human rights. The Royal Government of Cambodia (“RGC”) is preparing for the commune and national elections in 2017 and 2018, respectively, by tightening its grip over public life and attempting to suppress dissenting voices. The RGC regularly acted in breach of Cambodians’ constitutional rights and applicable international norms in 2015, particularly restricting fundamental civil and political rights, such as freedom of expression, freedom of association and freedom of assembly. Other rights, such as land rights, were also curtailed under present legislative schemes and government policies. These human rights abuses occurred due to a widespread lack of implementation of laws, the introduction of legislation that is inherently incompatible with human rights norms, and through government decision-making and direct actions by national and local authorities. These issues were compounded by the continuing lack of independence of the Cambodian judiciary. “The Royal Government also has a strong commitment to crack down and prevent all activities and tricks under the auspices of democracy and human rights to serve individual political gain or a handful of people.” – Prime Minister Hun Sen, 21 September 2015 (U.N. International Day of Peace) Freedom of Association The Law on Associations and Non-Governmental Organizations One of the key human rights issues that arose in 2015 was the potential effect of the newly enacted Law on Associations and Non-Governmental Organizations (“LANGO”), adopted in August after years of criticism, and without meaningful consultation with civil society or the general public. This law is very broadly drafted, giving the government a number of powers to arbitrarily prevent registration of new NGOs, and to deregister NGOs. Article 8(4) suggests that registration can be refused if approval would affect the “stability” and “national unity” of Cambodia. Articles 12, 13 and 15 contain complicated provisions for the registration of foreign organizations in Cambodia, requiring letters from foreign governments and approval of all projects with unspecified public authorities.1 The law also stipulates NGOs must be registered before conducting any activities whatsoever. This restricts the ability of the public to create effective independent groups, and it also prevents organizations from being formed quickly, as groups need to take time to register before commencing their campaigns. Although the law is supposedly not intended to apply to community- 1 For more information on the shortcomings of the LANGO, see CCHR’s Legal Analysis, ‘Analysis and Key Recommendations on LANGO’ 22 July 2015 <http://bit.ly/1N27yXC>. 1 based organizations (“CBOs”) (such as informal groups campaigning for local issues), CCHR has already receiving troubling reports from CBOs that the LANGO has already been misapplied to restrict them. For example, in August a group of 71 families in Kratie province was prevented from protesting in a land dispute because they had not yet been registered under the LANGO.2 On a more encouraging note, the Ministry of Interior issued a response to an open letter by CCHR on 23 September 2015, stating that the LANGO should not apply to informal community groups. Even if the reported cases of LANGO misapplication are the result of ignorance of law, rather than willful misapplication, they showcase the potential dangers of the LANGO in 2016 and beyond. The scope of powers available to the RGC and lower government officials makes this law a dangerous tool in the restriction of the freedoms of association and expression. The Draft Trade Union Law Another key threat to freedom of association is the state of labor law in Cambodia. As of January 2016 the RGC looks set to pass the new union law (pending last-minute consultations with the opposition CNRP), with the stated purpose of stabilizing the employment market in Cambodia. The most recent draft of the law, which has been in development since 2008, includes some provisions which are an improvement on the previous draft, such as lowering the minimum number of workers required to start a union, and loosening the eligibility requirements for union leadership.3 However, unions and others have criticized this law for excessively favoring employers to the detriment of workers. Currently, the draft law contains stringent administrative requirements, onerous reporting obligations and restrictions on groups that trade unions may work with. Critics also point to the mandatory registration of unions, limitations on possible activities and the risk of arbitrary dissolution as other serious problems with the current draft law.4 Practically, these limitations will make it more difficult for workers to form associations, undermining their freedom of expression and association. The law as it stands in draft form fails to abide by international labor law standards, including those ratified by Cambodia itself, and by Cambodian law. In a more positive development, the RGC has recently been meeting with union leaders to hear their concerns about the law. It remains to be seen how these will be incorporated, and whether the final product will be in line with international human rights standards. Freedom of Assembly Arrest and judicial harassment of activists The harassment, arrest, detention and unfair trials of activists in Cambodia have continued and intensified through 2015. Simultaneously, many Cambodian activists and human rights defenders unjustly arrested in 2014 continue to languish in the prison system, serving unjust sentences or awaiting trial. The RGC has shown itself willing to disregard the rule of law and act without judicial authority to silence individuals and groups. On a number of occasions, of which only some are detailed below, individuals were targeted for clear political reasons, and dealt with in an illegal manner. 2 See CCHR’s letter to the Minister of the Interior, and a response from the Ministry, 23 September 2015, <http://bit.ly/1n1uj9z>. 3 Human Rights Watch, ‘Cambodia: Revise Union Law to Protect Worker Rights’, 17 December 2015 <http://bit.ly/22cXK8x>. 4 The International Center for Not-for-Profit Law, ‘ICNL Analysis on Draft Trade Union Law’ (2015) <http://bit.ly/1mXFgZ8>. 2 In February 2015 Alex Gonzalez-Davidson, an international activist working with well-known environmental NGO Mother Nature, was deported by the RGC who refused to renew his visa. This was done following Gonzalez-Davidson’s work in campaigning against environmentally damaging sand dredging in Koh Kong. Before his arrest Prime Minister Hun Sen himself threatened that he would be deported if he did not stop his activism.5 This clearly political use of administrative process is a worrying development for all NGOs in Cambodia that the RGC does not approve of. Three more activists from Mother Nature were later arrested in June 2015, this time whilst attempting to protest peacefully outside the National Assembly. Police prevented other protesters from joining them in the demonstration, and even arrested a protest monitor who was with them at the time. The men were all released without charge, but not before the three activists were required to sign statements pledging to inform authorities of protests in future.6 This arbitrary arrest and forced signing of statements damages the rights to peaceful assembly and freedom of expression. In fact the forced signing of letters promising not to reoffend (or in some circumstances, to convince others to stop protesting) has become an established technique for the police force even where the detainee has not been charged with any offence. On 17 August 2015, three youth members of Mother Nature were arrested and imprisoned after refusing to appear for questioning at the district police station in connection with their alleged involvement in peaceful, non-violent protests against sand dredging. As of January 2015, the activists remain in detention. The indigenous Jong community leader and environmental activist Ven Vorn has been arrested repeatedly in connection with his peaceful activism. In April 2015 he was brought in for questioning in regards to alleged acquisition of illegally logged timber, but later released that day. In September 2015 he was again arrested whilst petitioning for the release of the three Mother Nature activists described above. In this instance authorities arrested and questioned 17 people, including protest monitors from NGOs. The group was later released that day.7 He was again however arrested and then jailed in October 2015 on the same logging charges – despite having the right as an indigenous community member to use forest timber for construction.8 In February, trade union representatives were detained after distributing letters to factory workers that refuted claims of corruption in their union. The unionists were released after about two hours, after they were required to sign a document promising not to distribute letters without government permission.9 In June, nine union officials were arrested at a protest for increased wages, but were later released that night after being “educated”.10 This tactic of detention without charge followed by release (often after being coerced into signing a letter promising to act in a certain way) is becoming more commonplace in Cambodia. It shows a serious disrespect for the right to freedom of assembly because, as in these instances, it is usually to break up and prevent protests. Additionally, the fact that this tactic is applied even to union-organized actions shows a lack of respect for freedom of association. 5 Tat Oudom, May Titthara, Daniel Pye and Griff Tapper, ‘Defiant activist deported’, The Phnom Penh Post, 23 February 2015 <http://bit.ly/1Rh7gUF>. 6 CCHR Alert, ‘Mother Nature’s activists arrested in Phnom Penh while attempting to protest against sand dredging activities in Koh Kong’, 25 June 2015 <http://bit.ly/1RxlAXD>.
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