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Human Rights in Cambodia: the Situation in 2013

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Human Rights in Cambodia: the Situation in 2013 Human Rights in Cambodia: The Situation in 2013 Article 1 of the Constitution of the Kingdom of Cambodia (the “Constitution”) commits Cambodia to the principles of pluralism and liberal democracy, while Article 31 provides that Cambodia will “recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, the Covenants and Conventions related to human rights, women’s and children’s rights.” The human rights situation has deteriorated in 2013 despite the fundamental rights guaranteed under international and Cambodian law. Cambodian citizens are regularly targeted, harassed, charged with criminal offenses and subjected to politically motivated persecution for speaking out against oppressive government policies. Throughout 2013, land activists, media professionals, union leaders, and human rights workers across the country were subject to legal threats, arbitrary arrest and death threats. Amidst this worsening situation, there have been some promising developments in 2013. In the months preceding the National Assembly (“NA”) elections, held on 28 July 2013, thousands of people, including many young Cambodians, took to the streets in support of the main opposition party—the Cambodian National Rescue Party (“CNRP”). This new lack of self-censorship amongst the youth, who did not directly experience Cambodia’s tragic past, is extremely promising for the future of human rights and the development of the country. There was little unrest and no resurgence of the physical backlash from the authorities as was widely seen during the last elections. However, the tide may be affected by the Royal Government of Cambodia’s (the “RGC”) current violent crackdown to silence these rising voices. The following is a brief overview of the current situation of human rights and the state of democracy in Cambodia. Freedom of Expression Freedom of expression is one of the cornerstones of democracy and is necessary for good governance and political participation. Nevertheless, the situation of freedom of expression in Cambodia is dire. Restrictive legislation, media censorship and judicial harassment of those who speak out, lead to a culture of silence. While freedom of the press is guaranteed under Article 41 of the Constitution, this is not reality. Cambodia was ranked 143rd out of 170 countries in the 2013 World Press Freedom Index of Reporters Without Borders.1 This is Cambodia’s lowest ranking ever, having fallen 26 places from 2012, due to a government crackdown on freedom of expression and freedom of the press this past year. This included the summoning of journalists to Court based on provisions of the Penal Code rather than the Law on the Press 1995 (the “Press Law”). The Penal Code, which came into force in 1 Reporters without Borders, ‘2013 World Press Freedom Index: Dashed Hopes After Spring’ (2013) http://bit.ly/19KwqUS. 1 2010, contains several provisions which unjustifiably restrict freedom of expression and compromise Cambodia’s obligations under international human rights law and the Constitution. These provisions, usually relating to defamation and incitement, are regularly used as a tool to crack down on free speech by journalists, human rights workers, opposition politicians and human rights defenders.2 “Traditional media” – namely print media, radio and television – is the most established form of media, yet in Cambodia this is also the form of media that is subject to the most stringent levels of control and censorship; the RGC heavily influences most media channels. All television stations, most radio stations, and the foremost Cambodian newspapers are either owned or controlled by the ruling Cambodian People’s Party (the “CPP”) or individuals aligned with the ruling party, thereby ensuring the RGC’s control over the dissemination of information.3 Thirty newspapers are published on a regular basis in Cambodia, and it has been mostly newspaper journalists who have been the subject of government actions to impose censorship.4 There are 74 radio stations officially registered in Cambodia;5 most are CPP-influenced.6 There are three independent radio stations in the country,7 and one of them, Beehive, has faced repeated restrictions, and has been shut down on various occasions. Mam Sonando, the owner, has been arrested three times, most recently on bogus charges of secession and incitement to take up arms, related to a land dispute in Kratie province. He was convicted and sentenced to 20 years in prison on 1 October 2012,8 although he was released with some of the most serious charges dropped by the Court of Appeal on 14 March 2013.9 While Cambodia has one of the lowest Internet connectivity rates in South-East Asia,10 its usage is increasingly on the rise and there has been a surge in the use of social media sites and platforms such as Twitter, Facebook and YouTube. Independent media outlets are disseminating information online and bloggers are spreading opinions and ideas, many of which are critical of the RGC. However, the relative absence of restrictions of online content in Cambodia, which has allowed for this rapid increase in online activism and information-sharing, may soon be threatened. The vulnerability of this freedom became clear in February 2013 when Phel Phearun was summoned and threatened with defamation charges after criticizing the police through a Facebook post.11 A similar occurrence took place in November 2013, when Cheth Sovichea was arrested and threatened with defamation charges due to his criticism of a military police chief on Facebook.12 In May 2012, the RGC announced that it is drafting its first ever Cyber Law to regulate and to limit the use of the internet. One of the reasons for the adoption of such a Cyber Law is to prevent “ill- willed people… from spreading false information.”13 The law is in the early stages of drafting and has 2 CCHR, ‘Repression of Expression: The state of free speech in Cambodia’ (Report) (September 2013) http://bit.ly/1lBgmal. 3 CCHR, ‘New Media and the Promotion of Human Rights in Cambodia’ (Report) (July 2012) http://bit.ly/1cn3O4h. 4 CCHR and others, ‘Cambodia gagged: Democracy at Risk?’ (Report) (September 2010) http://bit.ly/1iv3C7Z. 5 Royal University of Phnom Penh Department of Media and Communication, ‘Cambodia Communications Review 2011’ (2011) <http://www.kas.de/wf/doc/kas_6048-1442-1-30.pdf?120228074206>. 6 Ibid, 20. 7 Ibid, 6. 8 See: CCHR, ‘The Case of Human Rights Defender Mam Sonando’ (Briefing Note) (August 2012) http://bit.ly/1apu7DL. 9 CCHR, ‘CCHR welcomes the Court of Appeal’s decision to release Mam Sonando but observes that the verdict was a classic example of “rule by law” rather than “rule of law”’ (Press Release) (20 March 2013) http://bit.ly/1g2di5G. 10 International Telecommunication Union, ‘Information Society Statistical Profiles: Asia and the Pacific’ (2009), http://bit.ly/1eIdyGf. For more information, see: CCHR, ‘New Media and the Promotion of Human Rights in Cambodia’ (Report) (July 2012). 11 See: CCHR, ‘Case Study: Phel Phearun’ (Factsheet) (March 2013) http://bit.ly/1bPUYIR. 12 Lieng Sarith, ‘Facebook user busted over posts’, The Phnom Penh Post (20 November 2013) http://bit.ly/1cOyeci. 13 ‘The ‘ill-willed’ spark cyber law: officials’, The Phnom Penh Post (Phnom Penh, 24 May 2012). 2 not yet been made available to the public, but fears abound that such a law could be extremely damaging to freedom of expression online in Cambodia. In November 2012, the RGC issued a circular demanding the closure of all Internet cafes within 500 meters of an educational facility, which would have resulted in the closure of almost all existing Internet cafes.14 Although the circular was overturned in December 2012 after popular outcry, in December 2013, it was reported that provincial authorities in Siem Reap were “shuttering more than 40 internet cafes in Siem Reap district […] after parents repeatedly lodged complaints with authorities that children were wasting time gaming online.”15 While it is unclear whether the closure of cafes in Siem Reap is related to the 2012 Circular, it nevertheless indicates a worrying development with regards to repression of online freedom at the local level. The Right to Freedom of Peaceful Assembly and Association Overall, the Law on Peaceful Assembly (the “Demonstration Law”), a reformed version of which was adopted in 2009, is relatively protecting the right to peaceful assembly. However, there are some concerns about its application and the broad terminology used in some of its provisions, which can curtail the right to freedom of peaceful assembly.16 In addition, the authorities, especially outside of Phnom Penh, are not necessarily aware of the law and therefore employ outdated provisions to restrict NGO meetings and peaceful community demonstrations. In 2013, peaceful demonstrations regularly turned violent with disproportionate force used by the state security forces. Demonstrations were violently repressed, with authorities using electroshock weapons, guns, tear-gas, water cannons, and batons, to beat and disperse protesters. Shootings by security forces at demonstrations led to the death of two people and left one person paralyzed and at least 16 others injured. Countless numbers of demonstrators have been beaten, with three women suffering miscarriages.17 Many such demonstrations have been among garment factory workers, who have been regularly protesting and striking against low wages and poor working conditions and land and housing rights activists facing eviction. In November 2013, a protest by garment workers of the SL Garment Factory in Meanchey district in Phnom Penh led to a woman being shot dead by security forces and nine others injured. In addition to excessive use of force by authorities, over 40 demonstrators were arrested, including monks.18 Moreover, the garment sector in Cambodia is plagued by rampant disregard for, and violations of, freedom of association and the right to collective bargaining, starting with employers failing to conduct good-faith bargaining with unions.
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