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
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,
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
3 Freedom of Expression
Crackdown on the Political Opposition
2015 was a year marked by a far-reaching, and sometimes violent, crackdown on the Cambodian National Rescue Party (“CNRP”). The so-called “culture of dialogue” political truce, arrived at following the disputed 2013 national election, has evaporated as a result of the judicial harassment, exile, and violence faced by members of the CNRP.
On 21 July 2015, 11 opposition activists affiliated to the Cambodian National Rescue Party (“CNRP”) were sentenced to lengthy jail terms, ranging between 7 and 20 years, on trumped up insurrection charges, due to their involvement in protests in Phnom Penh’s Freedom Park in July 2014. In early August, just two days after Prime Minister Hun Sen called for more arrests, three more CNRP activists were also charged with joining an insurrection movement related to the same protest. The verdict appears to have been based on a complete lack of evidence. No credible evidence supporting the claim that the defendants had planned an “insurrection,” or that any of the 11 had themselves committed acts of violence, was produced during the trial.
In August Senator Hong Sok Hour from the Sam Rainsy Party (“SRP”) was arrested after he posted a video to Facebook, which included a fake 1979 Cambodia-Vietnam treaty. He was arrested on charges of forging this document, using it, and incitement to cause chaos. However, there is no evidence that he created the document, and his arrest was in contravention to his supposed parliamentary immunity. The politicization of social media arrests is becoming more and more frequent in Cambodia. In one case, a construction worker who threatened to kill Sok Touch, a prominent academic working for the RGC on the Vietnam-Cambodia border dispute was arrested in Thailand after only a week.11 Conversely, a 2013 death threat made from the account of Phnom Penh Police Deputy Chief Pheng Vannak against opposition CNRP deputy Kem Sokha has led to no arrest, even though Mr. Vannak has been questioned.12
On 26 October, police failed to prevent the brutal assault of two CNRP lawmakers, Nhay Chamreoun and Kong Sophea, outside the national assembly by anti-CNRP protestors, amid strong evidence that the attack was facilitated or organized by senior government figures. Observers identified a number of security guards and police officers among the crowd, which also included CPP youth members and public officials. In stark contrast to the usual large security presence during protests in Phnom Penh, policing of the event was limited to a small number of traffic police directing traffic. These beatings occurred just days after Prime Minister Hun Sen predicted anti-opposition protests during a visit to Paris.13
On 13 November 2015, the Phnom Penh municipal court issued an arrest warrant for CNRP President Sam Rainsy, in what was clearly a politically motivated move.14 On 16 November, the opposition leader was stripped of his position as a member of the National Assembly (“NA”) by the NA’s standing committee, who used the arrest warrant as justification. The arrest warrant related to a defamation conviction that was handed down in 2011, arising from a statement allegedly made by Sam Rainsy in 2008. The sudden reappearance of an arrest warrant for this conviction, more than 7
11 Aun Pheap, ‘Man Arrested Over Threat to Kill Border Researcher’, The Cambodia Daily, 07 September 2015
4 years after the alleged incident, coincided with numerous threats of legal action against Sam Rainsy that had been issued by Prime Minister Hun Sen in previous weeks. The issuing of this warrant had clear political motivations and provides yet another example of the RGC’s control over the Cambodian judiciary, which it continues to use as a tool to stifle dissent in Cambodia. Following the issuance of the warrant, Sam Rainsy has remained in self-imposed exile. During this period, Sam Rainsy has been hit with further politically motivated charges, including being an accomplice to forgery and incitement, in relation to the Hong Sok Hour case detailed above.15
Arrests for Social Media activities
In 2015 the RGC began to increasingly crackdown on freedom of expression online. For example, in August 2015 a first-year university student, Kong Raya, was arrested for a Facebook post calling for a “color revolution”. Color revolutions have taken place in Asia and the Soviet states and typically involve peaceful student-led protests for democracy.16 Mr. Raya could face up to two years in prison if found guilty. In a separate incident in September, another university student Tao Savoeun was arrested for making a bomb threat for his university graduation, where Interior Minister Sar Kheng would be attending. Mr. Savoeun was sentenced to 15 months, but later had this reduced to 1 month after apologizing directly to Sar Kheng in a letter.17 The arrest of these students on serious charges, despite the obvious lack of serious or genuine threat posed by their statements, demonstrates the aggressive attitude the RGC has adopted towards opposing voices in 2015. As the national elections draw closer, this type of activism can be expected to increase, leaving more and more Cambodians exposed to arrest for expressing their dissenting opinions.
The Draft Cybercrime Law
The draft Cybercrime Law appears to be another tool for the RGC to prevent open dialogue and free exchange of critical ideas in Cambodia. A draft version of this law was leaked in July this year, even after the RGC claimed it was de-prioritized in 2014. CCHR previously raised its concerns with the drafting of the Cybercrime law, as the lack of transparency risks an unfair law being written without public scrutiny.18 The most controversial article in that earlier draft, article 28, was designed to protect the “integrity” of the Kingdom of Cambodia, meaning that it had the potential to be very broadly applied. In a nation where Facebook and blogs are taking a front seat in political discourse, this article had many people and civil society organizations worried. Rather than letting various ideas be discussed and critiqued, the RGC has pushed dissent underground. This authoritarian attitude will most likely lead to further dissatisfaction and ultimately work against the desires of the RGC for peace and stability.19
Although the most recent draft version of the law has this article removed, Telecommunications Ministry spokesperson Meas Pou stated recently that this law is still intended to protect the “honor”
15 Kuch Naren, Rainsy Misses Court Date Over Conspiracy Charges, The Cambodia Daily, 5 December 2015, < http://bit.ly/1lckvbb > 16 Pech Sotheary, ‘Student arrested after posting about 'revolution'’, The Phnom Penh Post, 24 August 2015
5 of the RGC and defend it from “insults”.20 With this aim, it seems that the underlying desire to control information and opinion has not changed. Of course it is reasonable that governments place limits on what is available online; the restrictions on child pornography and online fraud in the draft legislation are both necessary and useful. However, as mentioned above the overall aim of the legislation remains one of strict control, so it is likely that the final version of this law will be drawn widely, giving the RGC greater powers to arrest and convict those who disagree with the government position on issues.
The Election Laws
In March 2015 the Law on the Organization and Function of the National Election Committee and the Law on Election of Members of the National Assembly (“LEMNA”) was adopted, designed to regulate the political environment in during election campaigns. This law gives the government significant scope to prosecute NGO groups for impartiality or “insults” directed at a political party. It also effectively bans criticism of electoral officials and police undertaking election procedures. The implications of these restrictions are wide-reaching; it effectively prevents election analysts and NGO advocates from effectively monitoring elections to ensure impartiality and due process. Despite these apparent emphases on impartiality, security force personnel and judicial officers are allowed to undertake partisan campaign activities.
The Draft Telecommunications Law
The Telecommunications Law could be justified in principle, as it originates from a need to regulate telecommunications companies in Cambodia to protect consumers. However, in practice the draft is another overreach by the RGC, in a transparent attempt to solidify their control over the population of Cambodia. Of particular concern is the provision for the RGC to take control of a telecommunications provider’s services for the purposes of “national interest, security, stability, or public order”21 – a hugely broad power that is a gross abuse of the right to privacy. A similar attack on privacy is found in the data retention and disclosure requirements in the law, giving the government access to citizens’ data.22 Critics point out that the law carries such harsh penalties, and contains such overarching government control, that it may discourage interest and investment in the telecommunications sector.23 This law looks set to be implemented, as it has already been approved by the Council of Ministers in October 2015, and sent to the National Assembly. With so many politicized arrests in Cambodia in recent memory, this is a particularly worrying trend.
Land Rights
In Cambodia land rights are still not well protected, even fourteen years after the enactment of the 2001 Land Law. Issues with land ownership largely arise where land is not adequately protected through land titles. This happens when land occupied or farmed by individuals (usually rural farmers or indigenous communities) has not been officially surveyed and titles issued. If the land has no official title, it is presumed State-owned and can therefore be allocated as a Social Land Concession (“SLC”) or Economic Land Concession (“ELC”).
ELCs especially are often allocated to international corporations and powerful Cambodian businesspeople (and politicians), and encroach upon land inhabited by communities. In this context,
20 Mech Dara, ‘Cyber Law to Protect Gov’t Honor, Ministry Says’, The Cambodia Daily, 27 May 2015
6 communities are often forcibly evicted from the land they have inhabited peacefully for years, without compensation or consultation. Dispute resolution mechanisms are grossly ineffective in Cambodia, with many citizens unaware of the pathways available to them, and thus often left powerless to defend their land rights.
A number of land disputes remain unsolved in Cambodia this year. The Borei Keila community will mark its 4th year campaigning in January 2016 for compensation or redress for their eviction in 2012. Whilst some families have been offered compensation, others have rejected inadequate offers for relocation or meager compensation. Elsewhere, with improved infrastructure throughout the country and a growing demand for natural resources, indigenous communities inhabiting remote and natural resource-rich areas are struggling to protect their ancestral lands and obtain legal protection for their lands through communal land titles.
Right to a fair trial
Lack of judicial independence
The right to a fair trial is not well protected in Cambodia. There is frequent evidence of inadequate judicial proceedings, as well as a lack of independence of the judiciary from other branches of government. Arrests are frequently made at the request of Prime Minister Hun Sen or other major political figures. Speaking recently about social media, the Prime Minister threatened that web users “should not use bad words to insult me, because I can get you if I want to”.24 This attitude is representative of the inherent politicization of the legal and law enforcement systems in Cambodia.
Once individuals are in the justice system, there is often a lack of legal rigor to trials. In the July 2015 trial of 11 CNRP activists jailed following a public protest, no evidence was presented and judges took only 15 minutes of deliberation to return a guilty verdict.25 The fact that this occurs in 2015 in Cambodia is a strong indication of the vast amount of progress still to be made in ensuring the judicial system respects rights and due process. Trial rights issues are especially serious considering the number of community members driven to protest government decisions, and speak out against repressive policy in Cambodia. These activists do so with great personal risk and the knowledge that if arrested there is no guarantee of a fair trial. As such, this situation exacerbates the already injurious effects of other human rights abuses.
Lack of equality before the law: Impunity continues
Unfortunately 2015 did not see an improvement to the historically pervasive culture of impunity in Cambodia. Many unsolved cases have tragically remained inactive due to a lack of political will. This prevents the perpetrators from receiving just punishment, and denies victims and families justice. One example is Khem Sophat, a 16-year-old boy who went missing during a garment worker protest and according to a witness was shot dead. No independent investigation was ever held. Another victim of suspected security service violence is Kim Phalleap, a 25-year-old garment worker killed on the same day. An internal police investigation was carried out, but no results were ever released. The families of these victims and many others still wait for answers, and for justice.26
24 Pech Sotheary, ‘Hun Sen warns Facebook users that he’s watching’, The Phnom Penh Post, 29 December 2015
7 The culture of impunity and widespread corruption in Cambodia allows well-connected individuals to shield themselves and those under their authority from consequences of their actions. Impunity also impacts the conservation and allocation of land in Cambodia. As powerful officials and businesspeople own many ELCs, they are often not prosecuted or even investigated for land rights abuses and human rights abuses against rural communities. A clear example of this is the Borei Keila saga mentioned above.
The impact of impunity in Cambodia is serious; refusal to investigate by the authorities denies justice to ordinary Cambodians and creates an atmosphere of fear, where those with power can act without consequence. This in turn reinforces the power of those with authority, reducing the space for ordinary citizens to exercise their rights.
LGBT Rights
In terms of Lesbian, Gay, Bisexual and Transgender (“LGBT”) rights, the RGC has shown itself to be quite open to the possibility of implementing LGBT-friendly legislative and social reforms in 2015. There are currently no LGBT-discriminatory laws in force in Cambodia, but also no laws that specifically provide for equal LGBT rights. In certain isolated cases, same-sex marriage is already permitted, although not specifically legislated for. In response to pressure by CCHR to introduce such legislation, the RGC responded it is open to legalizing same-sex marriage, and encouraged LGBT groups to continue campaigning if they wish to have this introduced.27 It remains to be seen whether in 2016 this might become a reality in Cambodia.
However, the situation faced by LGBT Cambodians remains difficult and unequal. LGBT people still face significant discrimination in the community. Family values are incredibly strong in Cambodian society and there is intense pressure on young people to enter traditional marriages and have children. CCHR’s research in 2015 on LGBT people in schools revealed that 62.71% of LGBT respondents reported being bullied. Among those who experienced bullying, 93.59% stated they were bullied because of their sexual orientation or gender identity / expression (“SOGIE”).28 CCHR’s research suggests systemic failure on the part of schools in providing a safe environment for Cambodia’s LGBT youth, with a shocking 16.67% of participants reporting at some point being bullied by their teachers. CCHR’s research further revealed that the effects of LGBT bullying can be severe, and found that 12.82% of participants failed to complete high school because of SOGIE- related bullying.29A national dialogue conducted by UNDP with a wide range of stakeholders in the field of LGBT rights in Cambodia revealed that domestic violence against LGBT children is commonplace, while exclusion, discrimination, and emotional abuse are prevalent within the family structure. Many of the participants in the dialogue reported “insults, beatings, cursing, blaming and confiscating of personal items” by parents on the basis of their SOGIE.
Social and economic rights
Cambodia’s economic growth has continued this year, and a number of new deals have been signed with international investors. However, much of the benefit of this economic prosperity has been concentrated in Phnom Penh, leaving many rural areas lagging behind. Furthermore, the vast profits from ELCs and infrastructure projects in Cambodia are shared with very few owners, many of whom
27 CSOs and Business welcome Government support for LGBT rights and call for clarity in Cambodian law, 28 September 2015, < http://bit.ly/1SRdxGh > 28 UNDP, ‘Being LGBT in Asia: Cambodia Country Report’ (2014)
8 are international corporations. It has also been revealed recently that the Vietnamese army controls approximately 40,000 hectares of this concession land.30 This means that the immense wealth generated by Cambodian lands often leaves the country directly, or is concentrated amongst the political and business elite. As such, whilst on the surface economic indicators are positive, and in fact some benefit has been felt, much of the income generated does not go towards the standard of living of ordinary Cambodians.
Conclusion
2015 has been a year of negative developments in the field of human rights. One key trend is the introduction of legislation that gives the RGC great power to repress dissenting voices, such as NGOs, trade unions, and Internet users, through legal means. This legislation leaves great scope for politicized implementation of the law on the part of the RGC, creating a worryingly restrictive environment in Cambodian society in advance of the upcoming 2017/18 elections. A number of key pieces of legislation, such as the cybercrime and union laws, remain in the pipeline; their potential promulgation will also have a significant impact on the overall environment for freedom of expression and assembly in Cambodia. In terms of specific restrictions on civil society groups, this appears to be part of a global trend; governments of many types are placing heavier restrictions on foreign-supported NGOs as part of a wider program of closing the space for civil society to operate.31 Despite continued economic growth and significant development in Cambodia, the human rights situation in the Kingdom has certainly deteriorated over the course of 2015.
30 Matt Blomberg and Van Roeun, ‘Grand Concessions’, The Cambodia Daily, 24 December 2015
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