Cambodia
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Government repression undermines legitimacy of Cambodian elections
Legitimacy of upcoming #Cambodia elections questioned as Hun Sen has narrowed democratic space by cracking down on opposition & journalists & attempting to silence #civilsociety https://t.co/qDWesXp3cS| @prakchanthul @SuySe1 @HannahEP @EmmaRichards85 @asiatimesonline @mongster pic.twitter.com/Xz0WtxWVNt
— CIVICUS (@CIVICUSalliance) July 26, 2018The assault on civic freedoms in Cambodia has narrowed the democratic space in the country and raises serious questions about the legitimacy of the 29 July elections. Over the last year, monitoring by the CIVICUS Monitor shows how the authorities have outlawed the leading opposition party, shutdown or arbitrarily interfered with media outlets, introduced laws to restrict and silence civil society and jailed its critics.
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Human Rights Council should adopt meaningful resolution to address spiralling rights crisis in Cambodia
To: Permanent Representatives of Member and Observer States of the UN Human Rights Council
RE: Human Rights Council should adopt meaningful resolution to address spiralling rights crisis in Cambodia
Excellencies,
We, the undersigned civil society organisations, are writing to alert your government to the worsening human rights crisis in Cambodia, and to appeal to you for your support for a resolution strengthening and extending scrutiny of the situation to be adopted at the 54th regular session of the UN Human Rights Council (the “Council”).
Human rights violations perpetrated in the context of general elections held on 23 July mark a new low in the two years of continual decline in the overall situation of human rights in Cambodia since the last Council resolution on the country in October 2021.[1] There has been no tangible progress, and the Cambodian government has failed to demonstrate any political will towards meeting the 20 benchmarks presented to the Council in October 2022 by the Special Rapporteur on the situation of human rights in Cambodia “to help promote human rights implementation in the country.”[2]
The High Commissioner for Human Rights Volker Türk described the environment leading up to the July general elections as “a severely restricted space that negatively impacted on the rights of Cambodians to participate fully and equally in all aspects of the electoral process.”[3] Similarly, a joint statement by at least seven UN human rights experts said that “[t]he lead up to recent elections […] and its results are extremely disconcerting.”[4] They further said that “[a] range of serious human rights violations and severe restrictions on civic and political space […] including a ban on the main opposition party, media restrictions and blockages and the harassment of perceived opponents of the ruling elite….”[5]
The government engaged in serious attacks on political opposition in the lead-up to the elections, with violent rhetoric, and arbitrary arrests and detention of political activists. The non-independent, politically biased National Election Committee[6] disqualified two opposition parties, including the Candlelight Party,[7] which was widely considered to be the most credible opposition party. Days before the election, the government ordered internet service providers to block access to the websites and social media accounts of at least three news outlets perceived to be critical of the government.[8]
The government has continued a policy of systematic and relentless persecution of human rights defenders, environmental and land rights defenders, trade unionists, political opposition, and independent media and media workers through judicial harassment including mass trials and legal action, as detailed in the annex to this letter.
The conviction and sentencing to 2-years’ imprisonment of trade unionist and labour rights activist Chhim Sithar along with eight labour activists in May 2023, the conviction of 10 land rights defenders in Koh Kong in August 2023, and the conviction and 27-year prison sentence against opposition leader Kem Sokha in March 2023 are emblematic of the continuing pattern of criminalisation and judicial harassment of human rights defenders and political opposition. A judiciary that lacks independence from the executive branch renders the prospect of fair trials and due process guarantees virtually non-existent for those perceived to be critical of, or a threat to, the interests of the ruling elites.
The Cambodian authorities have demonstrated a systematic and growing intolerance of independent media. The latest example is the arbitrary revocation of the media license of the Voice of Democracy,run by the Cambodian Center for Independent Media, which, as a group of UN human rights experts concluded, “leaves virtually no free media outlets operating in the country.”[9]
Laws are routinely misused to restrict human rights, undermine and attack civil society, and criminalise individuals for their exercise of freedom of expression, peaceful assembly and association. Provisions of the Criminal Code, especially article 305 on defamation, article 453 on ‘plotting’ against the government, and articles 494 and 495 on incitement to commit felony and disturb social security have been routinely used against human rights defenders and political opponents. The Law on Non-Governmental Organisations, Law on Trade Unions, and Law on Political Parties continue to pose serious challenges for civic and political freedoms in Cambodia, while draft laws being contemplated by the government on cybercrime and on public order would provide further tools of repression.
Over the past years, the Special Rapporteur on Cambodia has played a vital role in adding an independent and respected voice to verify and bring attention to the reporting of human rights groups and activists on the ground. The government’s restriction of civic of space and crackdown on the exercise of freedom of expression, and reporting by independent and critical voices makes the role of the Special Rapporteur even more vital in the promotion of respect for human rights and ensuring protection of fundamental freedoms and vulnerable populations in the country.
It is imperative that the Council seizes the moment and takes effective action at its 54th session to address the government’s continuing systematic repression, restriction of civic and political space and clampdown on human rights in Cambodia. The Council should send a clear message to newly appointed Prime Minister Hun Manet and the government that there is a cost for continuing the ruling Cambodian People’s Party’s (CPP’s) past systematic approaches to silencing the media and targeting dissenting voices. The message sent now should be clear – that the international community will hold the government accountable for their human rights commitments and obligations. To this end, the Human Rights Council should ensure adequate monitoring and reporting, and track progress (or lack thereof) against the concrete benchmarks that have been elaborated by the Special Rapporteur.
In this regard, our organisations urge the Council to adopt a resolution that:
- Renews the mandate of the Special Rapporteur on the situation of human rights in Cambodia for a further two years to ensure continued monitoring and reporting on the situation in the country as well as to provide technical assistance and capacity building, with a view to fully implementing Cambodia’s international human rights obligations;
- Welcomes, and mandates enhanced monitoring and reporting on the progress in the implementation of, the 20 benchmarks presented by the Special Rapporteur on the situation of human rights in Cambodia to the 51st session of the Council;[10]
- Substantively and accurately reflects the situation on the ground as documented in the report of the Special Rapporteur that will be presented to the 54th session of the Council, as well as concerns expressed by the High Commissioner and other Special Procedures in relation to, among others, the persecution of human rights defenders and political opposition including Kem Sokha, and restrictions on the rights to freedoms of expression, peaceful assembly and of association.
We further urge your government, during the 54th session of the Council, to speak out strongly and unequivocally against the continuing pattern of violations of human rights in Cambodia, to send a clear message that impunity for human rights violations will not be tolerated.
We remain at your disposal for any further information.
Sincerely,
Amnesty International
ARTICLE 19
Asian Forum for Human Rights and Development (FORUM-ASIA)
CIVICUS: World Alliance for Citizen Participation
Human Rights Watch
International Commission of Jurists (ICJ)
International Federation for Human Rights (FIDH)
World Organisation against Torture (OMCT)
ANNEX: Key developments since the adoption of the Council’s last resolution on Cambodia (HRC resolution 48/23) in October 2021:
Trade Unionists, Peaceful Protestors and Human Rights Defenders
In May 2023, the Phnom Penh Municipal Court convicted union leader Chhim Sithar, alongside eight members of the Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU), of “incitement to commit a felony or disturb social security” under articles 494 and 495 of the Criminal Code. Sithar was sentenced to two years in prison while others were sentenced to one to one and half years in prison and received suspended sentences or judicial supervision. Their convictions stem from peaceful strike action in December 2021 and January 2022 demanding higher wages and the reinstatement of hundreds of union members who were laid off by NagaWorld Casino.
On 15 August 2023, the Koh Kong Provincial Court convicted 10 land rights activists of malicious denunciations and incitement to disturb social security and were sentenced to one year imprisonment and ordered to collectively pay 40 million riel (approximately USD 9,600) in compensation.[11] These convictions follow convictions of three other Koh Kong land activists of criminal charges including defamation, incitement and malicious denunciations in relation to their peaceful defence of their communities’ land rights.[12]
In November 2022, the Supreme Court upheld a five-year prison term for five current and former workers of the Cambodian Human Rights and Development Association (ADHOC), on bribery charges that human rights groups believe to be politically motivated.
Crackdown on and harassment of political opposition
Cambodian authorities have pursued politically motivated prosecutions against more than 150 opposition party leaders and members, some of whom have fled the country fearing reprisals. There are at least 50 political prisoners behind bars in Cambodia.[13]
In March 2023, opposition leader Kem Sokha was convicted on charges of treason or conspiracy with a foreign power and was sentenced to 27 years in prison.[14] UN human rights experts, in a joint statement, said that Sokha’s conviction was “politically motivated” and was “evidence of an ongoing pattern of the misapplication of laws to target political opponents and any critic of the Government.”[15] They further said the entire judicial process against Sokha “has been fraught with irregularities and failed to meet the standard of either Cambodian or international human rights law.”
Following Sokha’s conviction, the Supreme Court in March 2023 in a mass trial upheld the March 2022 conviction of 12 members of the arbitrarily dissolved Cambodia National Rescue Party (CNRP) and a former government official on charges of ‘incitement’ and ‘plotting,’ and sentenced each to 5 years in prison with 16 months suspended sentences.
In another mass trial in December 2022, the Phnom Penh Municipal Court convicted 36 former leaders, members and supporters of the CNRP of plotting under article 453 of the Criminal Code for allegedly assisting attempts by exiled members of the opposition movement to return to the country. This was the fourth verdict in five mass trials that have been initiated against a total of 158 leaders and supporters of the former CNRP since November 2020.[16]
In May 2023, months before the national elections, the National Election Committee disqualified the main opposition, the Candlelight Party – which was widely considered to be the only credible opposition to the ruling Cambodia People’s Party – from contesting in the elections in July 2023. The party was alleged to have failed to fulfil documentation including missing original paperwork proving its registration with the Ministry of Interior.
The Candlelight Party’s disqualification was a major step in the deepening harassment and intimidation against the party and its leadership by authorities. In July 2022, Soy Chhay, a Vice President of the party, was charged with defamation under article 305 of the Criminal Code for criticising the conduct of the commune elections and the National Elections Committee. In January 2023, Thach Setha, a Vice President of the Candlelight Party, was arrested for allegedly issuing worthless cheques in a case his party said was politically motivated.
Following the ban on the Candlelight Party, and in the lead up to the elections, Cambodian authorities intensified the attacks and harassment, including with trumped criminal charges and detention, of party members.[17] This escalation of attacks followed the threat of physical violence against the opposition by the then Prime Minister Hun Sen in a video posted on his own Facebook page which resulted in the removal of the video by Meta.[18]
Days before the election, 4 activists of the Candlelight Party were arrested and 17 other opposition activists and politicians who were fined and barred from holding political office for 20 years for allegedly spoiling ballots, encouraging people to destroy ballots, and ‘disturbing the peace’.[19]
Freedom of expression, media freedoms and freedom of association
The Cambodian government has demonstrated a growing intolerance for human rights including freedom of expression, with a continuing pattern of systematic repression and criminalisation of critical voices and independent media.
This is most clearly illustrated by the cancellation of the broadcast licence of Voice of Democracy (VoD) in February 2023. A group of UN human rights experts expressed alarm at “the revocation of VoD’s license without due process” further adding that “the revocation leaves virtually no free media outlets operating in the country.”[20]
In January 2023, the authorities ordered the removal of a music video by a popular rap music artist that recounts a deadly government crackdown on a workers’ protest nine years ago.[21] The government reportedly ordered the police to prevent the dissemination of the video alleging that its “inciting contents that can contribute to instability and social disorder.”
The cybercrime police questioned the operations director of prominent human rights NGO, LICADHO, over the group’s alleged involvement in releasing the video, as well as other NGO leaders. LICADHO removed the video from its Facebook to avoid further legal action. The authorities have not confirmed that this investigation has closed and charges could still arise from this incident.
Further, the restrictive 2015 Law on Associations and Non-Governmental Organizations (LANGO) continues to be used to restrict civil society groups. Its onerous registration requirements, reporting obligations and broad grounds for denial of registration provide opportunities for government actors to put pressure on CSOs for politically motivated reasons.
Cambodia is currently rated “Repressed” by CIVICUS Monitor[22] and was recently added to its Watchlist for rapid decline in civic freedoms.
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[1] A/HRC/RES/48/23 (adopted on 11 October 2021).
[2] A/HRC/51/66 (18 August 2022).
[3] https://www.ohchr.org/en/press-releases/2023/07/cambodia-un-human-rights-chief-regrets-elections-held-restrictive.
[4] https://www.ohchr.org/en/press-releases/2023/08/cambodias-shrinking-democratic-space-affected-credibility-national-elections.
[5] Ibid.
[6] https://forum-asia.org/?p=38445.
[7] https://forum-asia.org/?p=38159.
[8] https://www.ohchr.org/en/press-releases/2023/07/cambodia-un-human-rights-chief-regrets-elections-held-restrictive
[9] https://www.ohchr.org/en/press-releases/2023/02/cambodia-un-experts-call-reinstatement-voice-democracy-say-free-media.
[10] A/HRC/51/66
[11] https://www.licadho-cambodia.org/flashnews.php?perm=340&english
[12] https://www.licadho-cambodia.org/flashnews.php?perm=339
[13] https://www.hrw.org/video-photos/interactive/political-prisoners-cambodia
[14] https://www.amnesty.org/en/latest/news/2023/03/cambodia-kem-sokha-conviction/
[15] https://www.ohchr.org/en/press-releases/2023/03/cambodia-un-experts-condemn-verdict-against-opposition-leader-kem-sokha
[16] https://www.licadho-cambodia.org/articles/20221222/179/index.html
[17] https://www.hrw.org/news/2023/07/19/cambodia-harassment-arrests-opposition-activists
[18] https://forum-asia.org/?p=38382
[19] https://forum-asia.org/?p=38450
[20] https://www.ohchr.org/en/press-releases/2023/02/cambodia-un-experts-call-reinstatement-voice-democracy-say-free-media
[21] https://forum-asia.org/?p=37768
[22] https://monitor.civicus.org/
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Joint statement on critical topics from 37th Session of the UN Human Rights Council
Our organisations welcome the adoption of the resolution on the promotion and protection of human rights and the implementation of the 2030 Agenda for Sustainable Development, particularly in reaffirming that all approaches to development must comply with the State’s international human rights obligations.
We agree that “cooperation and dialogue” are important for the promotion and protection of human rights, and that States should fully cooperate with the Council and its mechanisms, and ensure that all stakeholders are able to cooperate and engage with them without fear of reprisals.
However, we must now be vigilant to ensure that the resolution on Mutually Beneficial Cooperation, lacking in balance, does not undermine other important parts of the Council’s mandate: to address human rights violations and respond promptly to human rights emergencies in specific countries.
The Council has failed to take meaningful action to address the alarming situation on the ground in Cambodia. We welcome and echo the joint statement on Cambodia by over 40 states calling for further action if the situation does not improve in the lead up to the elections and for a briefing by the High Commissioner before the next Council session. We are concerned by Cambodia’s attempt to shut down criticism under item 10 debate on the worsening human rights situation in the country, as they are doing domestically.
We are disappointed by the weak outcome on Libya. Given the gravity of the human rights situation on the ground and the lack of accountability for crimes under international law, the Council cannot justify the lack of a dedicated monitoring and reporting mechanism.
We welcome the co-sponsorship of the Myanmar resolution by groups of States from all regions, making a joint commitment to address the continuing human rights violations and crimes against humanity in the country and support for the Special Rapporteur and Fact-Finding Mission to fulfil its mandate to establish truth and ensure accountability for perpetrators.
We also welcome the renewal of the mandate of the Commission on Human Rights in South Sudan allowing it to continue its vital investigations and identification of perpetrators. These developments acknowledge the importance of accountability for serious human rights violations and crimes under international law, which cannot be understated.
We welcome the adoption of the resolution on drugs and human rights as the OHCHR report will provide human rights indicators related to the drug issue that would help in future policies.
We welcome the resolution on Eastern Ghouta adopted after an urgent debate, demonstrating how this Council can respond in an agile manner to crises.
Having long supported the resolution on “protection of human rights while countering terrorism", we appreciate the efforts that led to the end of the separate and deeply flawed initiative on "effects of terrorism on the enjoyment of human rights". Future versions of the resolution must address the relevant issues exclusively and comprehensively from the perspective of the effective protection of human rights.
We welcome the Dutch-led joint statement on strengthening the Council, emphasising the importance of substantive civil society participation in any initiative or process and that the Council must be accessible, effective and protective for human rights defenders and rights holders on the ground.
Finally, we call on the Bureau co-facilitators on improving the efficiency and strengthening the Council to closely engage with all Members and Observers of the Council, human rights defenders and civil society organisations not based in Geneva.
Delivered by: The International Service for Human Rights (ISHR), The East and Horn of Africa Human Rights Defenders Project (DefendDefenders), The Global Initiative for Economic, Social & Cultural Rights, CIVICUS, International Commission of Jurists, International Federation for Human Rights Leagues, Conectas Direitos Humanos, Human Rights House Foundation, Amnesty International, International Lesbian and Gay Association, Human Rights Watch, Asian Forum for Human Rights and Development (FORUM-ASIA)
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Joint Statement: Civil society condemns the wrongful conviction of Cambodian human rights defenders
The Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS, Freedom House, and Front Line Defenders condemn yesterday’s conviction of four human rights defenders from the Cambodian Human Rights and Development Association (ADHOC) and a National Election Committee (NEC) official, in what we see as a clear attack against their legitimate human rights work.
On 26 September 2018, senior ADHOC staff members – Ny Sokha, Nay Vanda, Lim Mony, and Yi Soksan – were convicted of ‘bribery of a witness’ under Article 548 of the Criminal Code, while a NEC official and former ADHOC staff member Ny Chakrya was found guilty as an accomplice under Articles 29 and 548 of the same Criminal Code. Each has been given a five-year sentence by the Phnom Penh Municipal Court, with 14 months and one day considered served and the rest of the sentence suspended.
Read more on Asian Forum for Human Rights and Development (FORUM-ASIA)
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JOINT STATEMENT: Civil Society Groups Call for the Release of Tep Vanny
Land activist and human rights defender Tep Vanny has been unjustly detained for two years, for defending the rights of the Boeung Kak Lake community and her fellow Cambodians. We, the undersigned civil society organisations and communities, condemn her ongoing imprisonment and call on the authorities to immediately and unconditionally release Tep Vanny, drop all dormant criminal charges and overturn any convictions against her, so that she may return to her family and community.
Tep Vanny has fought tirelessly to protect the rights of members of her community following their forced eviction from their homes on Boeung Kak Lake, Phnom Penh, but also those of fellow human rights defenders campaigning for separate causes. As long as she is behind bars, Tep Vanny is prevented from carrying out her peaceful and valuable work.
“We have to share all the benefits of our experience. If we stand up together, we can get justice,” said Tep Vanny. “If the communities join together, we have big power.”
It was during one such peaceful protest that Tep Vanny was arrested on 15 August 2016, challenging the arbitrary detention of four human rights defenders and one election official. On 22 August 2016, she was convicted of ‘insulting a public official’, and sentenced to six days in prison. However, instead of releasing her based on time served, the authorities reactivated dormant charges dating back to a 2013 peaceful protest, later sentencing her to two and half years of imprisonment and a fine of 14 million riels (around $3,500). To date, Tep Vanny’s requests for pardon or early release have all been rejected. Her many trials and appeals have fallen far short of fair trial standards, with the evidence presented failing to meet the burden of proof required to sustain a conviction.
“As a victim of eviction I can guarantee that Tep Vanny did not use any violence or do anything wrong. I would stake my life on that,” said fellow Boeung Kak Lake activist Bov Chhorvy. “The authorities should release her so she can be with her family. Her children and mother need her.”
Her excessively lengthy detention, apart from taking a personal toll, further deprives her two children of a normal childhood, since they only see their mother once a month. Tep Vanny’s mother’s deteriorating health is aggravated by the ongoing unjust treatment of her daughter. The inability to care for her family places an acute psychological burden on Tep Vanny, exacerbated by her detention in one of Cambodia’s worst prisons, where she shares a cell with more than 150 other detainees in squalid conditions. Civil society representatives as well as members of the Boeung Kak Lake community have been frequently turned away when attempting to visit her in prison, further compounding the isolation from friends and family and in violation of the UN Standard Minimum Rules for the Treatment of Prisoners.
We call on the Cambodian authorities to release Tep Vanny immediately and unconditionally, drop all charges and end all criminal investigations against her. This will ensure that she is able to continue her work as a human rights defender, and more importantly reunite with her family and community. Finally, we urge the authorities to cease the intimidation and harassment of Tep Vanny and all other activists through arrests, prosecution and imprisonment.
This statement is endorsed by:
- 24 Families Community (Preah Sihanouk)
- 92 Community (Phnom Penh)
- 105 Community (Phnom Penh)
- 297 Land Community (Koh Kong)
- Activities for Environment Community (AEC)
- Alliance for Conflict Transformation (ACT)
- Amnesty International (AI)
- Angdoung Community (Preah Sihanouk)
- Angdoung Kanthuot (Battambang)
- Angdoung Trabek Land Community (Svay Rieng)
- Anlong Run Community (Battambang)
- Ansoung Sork Community (Battambang)
- Areng Indigenous Community (Koh Kong)
- ASEAN Parliamentarians for Human Rights (APHR)
- Asian Democracy Network (ADN)
- Asian Forum for Human Rights & Development (Forum Asia)
- Banteay Srey Community (Phnom Penh)
- Bat Khteah Community (Preah Sihanouk)
- Boeng Chhuk Community (Phnom Penh)
- Boeung Pram Community (Battambang)
- Borei Keila Community (Phnom Penh)
- Borei Mittepheap Community (Banteay Meanchey)
- Borei Sontepheap Community (Phnom Penh)
- Bos Sa Am Community (Battambang)
- Bou Japan Land Community (Koh Kong)
- Buddhism for Peace Organization (BPO)
- CamASEAN Youth’s Future (CamASEAN)
- Cambodia Indigenous Peoples Organization (CIPO)
- Cambodia’s Independent Civil Servants Association (CICA)
- Cambodian Center for Human Rights (CCHR)
- Cambodian Domestic Workers Network (CDWN)
- Cambodian Human Rights and Development Association (ADHOC)
- Cambodian Independent Teachers’ Association (CITA)
- Cambodian Informal Economy Workers Association (CIWA)
- Cambodian Labor Confederation (CLC)
- Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
- Cambodian Youth Network (CYN)
- Capacity Community Development Organization (CCD)
- Chek Meas Land Community (Svay Rieng)
- Cheko Community (Phnom Penh)
- Center for Alliance of Labor and Human Rights (CENTRAL)
- Cheung Wat Village Land Community (Banteay Meanchey)
- Chikor Kraom Land Community (Koh Kong)
- Chikor Leu Land Community (Koh Kong)
- Chirou Ti Pi Community (Tbong Khmum)
- Chhub Community (Tbong Khmum)
- Chorm Kravean Community (Kampong Cham)
- C I 5 Community (Preah Sihanouk)
- CIVICUS: World Alliance for Citizen Participation
- Civil Rights Defenders (CRD)
- Coalition of Cambodian Apparel Workers Democratic Union (C.CAWDU)
- Coalition of Cambodian Farmers Community Association (CCFC)
- Coalition of Integrity and Social Accountability (CISA)
- Committee for Free and Fair Elections in Cambodia (COMFREL)
- Community Peace-Building Network (CPN)
- Confederation of Cambodian Worker (CCW)
- Dok Por Community (Kampong Speu)
- Dombe Community (Tbong Khmum)
- Equitable Cambodia (EC)
- Fishery Community (Banteay Meanchey)
- Front Line Defenders (FLD)
- Forest and Biodiversity Preservation Community (Svay Rieng)
- Free Trade Union of Workers of Kingdom of Cambodia (FTUWKC)
- Gender and Development Cambodia (GADC)
- Horng Samnom Community (Kampong Speu)
- Human Rights Watch (HRW)
- Independent Democracy of Informal Economy Association (IDEA)
- Independent Monk Network for Social Justice (IMNSJ)
- Indigenous Youth at Brome Community (Preah Vihear)
- International Federation for Human Rights (FIDH), within the Framework of the Observatory for the Protection of Human Rights Defenders
- International Freedom of Expression Exchange (IFEX)
- Khva Community (Phnom Penh)
- Koh Sralao Fishery Community (Koh Kong)
- Lor Peang Land Community (Kampong Chhnang)
- Mlup Prom Vihea Thor Center (Koh Kong)
- Moeunchey Land Community (Svay Rieng)
- Minority Rights Organization (MIRO)
- Mother Nature Cambodia (MNC)
- Network for Prey Long Protection in Mean Rith Commune (Kampong Thom)
- Orm Laing Community (Kampong Chhnang)
- Ou Ampil Land Community (Banteay Meanchey)
- Ou Chheu Teal Community (Preah Sihanouk)
- Ou Khsach Community (Preah Sihanouk)
- Ou Tracheak Chet Community (Preah Sihanouk)
- Ou Tres Community (Preah Sihanouk)
- Ou Vor Preng Community (Battambang)
- Phnom Bat Community (Phnom Penh)
- Phnom Kram Community (Siem Reap)
- Phnom Sleuk Community (Battambang)
- Phnom Torteong Community (Kampot)
- Phsar Kandal Village Land Community (Banteay Meanchey)
- Phum 22 Community (Phnom Penh)
- Phum Bo Loy Community (Ratanakiri)
- Phum Dei Chhnang Community (Kampong Speu)
- Phum Samut Leu Community (Ratanakiri)
- Phum Ou Svay Land Community (Banteay Meanchey)
- Phum Sela Khmer Land Community (Banteay Meanchey)
- Phum Thmei Taing Samrong Community (Kampong Speu)
- Ponlok Khmer (PKH)
- Poy Japan Land Community (Koh Kong)
- Prasak Community (Battambang)
- Preah Vihear Kouy Indigenous Community
- Prek Takung Community (Phnom Penh)
- Prek Tanou Community (Phnom Penh)
- Prek Trae Community (Preah Sihanouk)
- Prey Chher Pich Sangva Laor Chhert Community (Kampong Chhnang)
- Prey Long Community (Kampong Thom)
- Prey Peay Fishery Community (Kampot)
- Progressive Voice (PV)
- Railway Community (Phnom Penh)
- Raksmey Samaki Community (Kampong Speu)
- Roluos Cheung Ek Community (Phnom Penh)
- Rum Cheik Land Community (Siem Reap)
- Russey Sras Community (Phnom Penh)
- Land and Housing Community Solidarity Network (Phnom Penh)
- Samaki Phnom Chorm Mlou Community (Kampot)
- Sahmakum Teang Tnaut (STT)
- Samaki Romeas Haek Land Community (Svay Rieng)
- Samaki Rung Roeung Community (Phnom Penh)
- Sangkom Thmey Land Community (Pursat)
- Samaki 4 Community (Phnom Penh)
- SAMKY Organization
- Sdey Krom Fishery Community (Battambang)
- SILAKA Organization
- Skun Land Community (Banteay Meanchey)
- Skun Land Community (Siem Reap)
- Smach Meanchey Land Community (Koh Kong)
- Somros Koh Sdech Fishery Community (Koh Kong)
- SOS International Airport Community (Phnom Penh)
- Southeast Asian Press Alliance (SEAPA)
- Spean Chhes Community (Preah Sihanouk)
- Srechong Land Community (Kampong Thom)
- Sre Prang Community (Kampong Cham)
- Sreveal Land Community (Kampong Thom)
- Steung Bort village Land community (Banteay Meanchey)
- Steung Khsach Sor Forestry Resource (Kampong Chhnang)
- Steung Meanchey Community (Phnom Penh)
- Strey Klangsang Community (Phnom Penh)
- Tani Land Community (Siem Reap)
- Ta Noun Land Community (Koh Kong)
- Ta Trai Village Land Community (Banteay Meanchey)
- Teng Tao Land Community (Svay Rieng)
- The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
- Thmor Kol Community (Phnom Penh)
- Thmor Da Community (Pursat)
- Thmor Thom Community (Preah Sihanouk)
- Thnol Bort Village Land Community (Banteay Meanchey)
- Thnong Land Community (Koh Kong)
- Toul Rada Community (Phnom Penh)
- Toul Samrong Community (Kampong Chhnang)
- Toul Sangke A Community (Phnom Penh)
- Tourism Employee Grand Diamond City Union (Banteay Meanchey)
- Tourism Employee Union (Banteay Meanchey)
- Trapaing Chan Community (Kampong Chhnang)
- Trapaing Chor Community (Kampong Speu)
- Trapaing Krasaing Land Community (Siem Reap)
- Trapaing Raing Community (Phnom Penh)
- Trapaing Sangke Community (Kampot)
- Tumnop II Community (Pursat)
- Tunlong Community (Kampong Cham)
- Vital Voice Global Partnership
- World Organization Against Torture (OMCT), within the Framework of the Observatory for the Protection of Human Rights Defenders
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Letter to UN Member States: Civic space restrictions in Cambodia
To Missions of UN Member States
(delivered by email on 22 March)We are writing to you with regards to the human rights situation in Cambodia. Since the 2013 general elections, civic space in Cambodia has become increasingly repressed. The authorities have systematically misused the criminal justice system to silence government critics and civil society organisations (CSOs).
In the run-up to Cambodia’s 2018 general elections, the Supreme Court in Cambodia ruled to dissolve the Cambodian National Rescue Party (CNRP) effectively ending the main political opposition to Prime Minister Hun Sen. The move, which transforms Cambodia into a single party state, has drawn widespread condemnation from across the globe.
Human rights defenders have been harassed and prosecuted for their peaceful human rights work. Further, the controversial and vaguely worded ‘Law on Associations and Non-Government Organisations’ has imposed sweeping restrictions on CSOs in Cambodia. Independent media outlets are struggling to stay afloat amidst the harsh treatment of critical and dissenting voices by the authorities. In September 2017, the English-language Cambodia Daily was forced to shut down its operations after the authorities gave its publishers 30 days to pay a USD 6.3 million tax bill, a move widely viewed as arbitrary. The same month, Radio Free Asia ceased operations in Cambodia, citing the restrictive media environment.
The 37th session of the UN Human Rights Council offers an opportunity for states to raise these concerns with the Cambodian government. We understand that a joint statement has been drafted by New Zealand under Item 2. As a member of the UN Human Rights Council, a champion of civic space, and a key democratic voice in the Asia Pacific region, we would like to urge the South Korean government to support this statement and to send a strong message to Cambodia that plurality and diversity in voices, political groups, civil society and the media should be encouraged and protected, particularly during politically charged periods such as elections.
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Outcomes & Reflections from 39th Session of UN Human Rights Council
This session, the Council adopted landmark resolutions on several country situations, further enhancing its contribution to the protection of human rights.
On Myanmar, we welcome the creation of the independent investigative mechanism, which is an important step towards accountability for the horrific crimes committed in Myanmar, as elaborated in the Fact Finding Mission’s report to this session. The overwhelming support for the resolution, notwithstanding China’s shameful blocking of consensus, was a clear message to victims and survivors that the international community stands with them in their fight for justice.
On Yemen, the Council demonstrated that principled action is possible, and has sent a strong message to victims of human rights violations in Yemen that accountability is a priority for the international community, by voting in favor of renewing the mandate of the Group of Eminent Experts to continue international investigations into violations committed by all parties to the conflict.
Furthermore, we welcome the leadership by a group of States on the landmark resolution on Venezuela, and consider it as an important step for the Council applying objective criteria to address country situations that warrant its attention. The resolution, adopted with support from all regions, sends a strong message of support to the Venezuelan people. By opening up a space for dialogue at the Council, the resolution brings scrutiny to the tragic human rights and humanitarian crisis unfolding in the country.
While we welcome the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi, to continue its critical investigation and work towards accountability, we regret, however, that the Council failed to respond more strongly to Burundi's record of non-cooperation and attacks against the UN human rights system.
We also welcome the Council’s adoption of the resolution on Syria, which among other things condemns all violations and abuses of international human rights law and all violations of international humanitarian law committed by all parties to the conflict.
However, on other country situations including China, Sudan, Cambodia and the Philippines, the Council failed to take appropriate action.
On Sudan, we are deeply concerned about the weak resolution that envisions an end to the Independent Expert’s mandate once an OHCHR office is set up; a "deal" Sudan has already indicated it does not feel bound by, and which is an abdication of the Council’s responsibility to human rights victims in Sudan while grave violations are ongoing. At a minimum, States should ensure the planned country office monitors and publicly reports on the human rights situation across Sudan, and that the High Commissioner is mandated to report to the Council on the Office’s findings.
We also regret the lack of concerted Council action on the Philippines, in spite of the need to establish independent international and national investigations into extrajudicial killings in the government's 'war on drugs', and to monitor and respond to the government's moves toward authoritarianism.
In addition, we regret the Council’s weak response to the deepening human rights and the rule of law crisis in Cambodia, failing to change its approach even when faced with clear findings by the Special Rapporteur demonstrating that the exclusive focus on technical assistance and capacity building in the country, is failing.
We share the concerns that many raised during the session, including the High Commissioner, about China’s human rights record, specifically noting serious violations of the rights of Uyghurs and other predominantly Muslim minorities in Xinjiang province. It is regrettable that States did not make a concrete and collective call for action by China to cease the internment of estimates ranging up to 1 million individuals from these communities.
On thematic resolutions, we welcome the adoption of the resolution on equal participation in political and public affairs but would have preferred a stronger endorsement and implementation of the guidelines.
The resolution on safety of journalists, adopted by consensus, sets out a clear roadmap of practical actions to end impunity for attacks. Journalism is not a crime - yet too many States in this room simply imprison those that criticize them. This must end, starting with the implementation of this resolution.
We welcome the adoption by consensus of the resolution on preventable maternal mortality and morbidity and human rights in humanitarian settings. Women and girls affected by conflict have been denied accountability for too long. The implementation of this resolution will ensure that their rights, including their sexual and reproductive health and rights, are respected, protected and fulfilled.
Finally, the Council’s first interactive dialogue on acts of reprisals and intimidation was an important step to ensure accountability for this shameful practice, and we urge more States to have the courage and conviction to stand up for human rights defenders and call out countries that attack and intimidate them.
Signatories:
The African Centre for Democracy and Human Rights Studies (ACDHRS)
Amnesty International
Article 19
Center for Reproductive Rights
CIVICUS
DefendDefenders
FIDH
Forum Asia
Human Rights House Foundation (HRHF)
Human Rights Watch
International Commission of Jurists
International Service for Human Rights (ISHR) -
Outcomes & reflections from UN Human Rights Council
38th Session of the Human Rights Council
End of Session Joint Civil Society StatementOur organisations welcome the adoption of the resolutions on civil society space, peaceful protest, on violence against women and girls and on discrimination against women and girls and the Council’s rejection of attempts to impede progress on protecting civil society space, peaceful protest and the rights to sexual and reproductive health.
On civil society space, the resolution recognizes the essential contribution that civil society makes to international and regional organisations and provides guidance to States and organisations on improving their engagement with civil society. On peaceful protest, it sets out in greater detail how international law and standards protect rights related to protests.
On violence against women and on discrimination against women, we consider that ensuring sexual and reproductive health and rights are vital in efforts to combat violence and discrimination against women, online and offline, as well as to ensure targeted and specific remedies to victims. We appreciate that the work of women human rights defenders towards this is recognised.
We consider the adoption of the resolution on the contribution of the Council to the prevention of human rights violations as an important opportunity to advance substantive consideration on strengthening the Council’s ability to deliver on its prevention mandate.
Following challenging negotiations, we welcome the adoption by consensus of the resolution on human rights and the Internet, reaffirming that the same rights that people have offline must also be protected online, and calling on States to tackle digital divides between and within countries, emphasising the importance of tools for anonymity and encryption for the enjoyment of human rights online, in particular for journalists, and condemning once more all measures that prevent or disrupt access to information online.
We welcome continued Council attention to Eritrea's abysmal human rights record. This year's resolution, while streamlined, extends expert monitoring of, and reporting on, the country and outlines a way forward for both engagement and human rights reform. We urge Eritrea to engage in long-overdue meaningful cooperation.
We welcome the renewal of the mandate of the Special Rapporteur on Belarus under item 4 with an increased vote - as it is still the only independent international mechanism to effectively monitor human rights violations in Belarus - while remaining concerned over a narrative to shift the mandate to item 10 in the absence of any systemic change in Belarus.
We welcome the consensus resolution on the Democratic Republic of Congo, putting in place continued monitoring and follow up on the expert’s recommendations on the Kasais. However, given violations and abuses throughout several regions in the country, occurring against the backdrop of an ongoing political crisis, delayed elections, and the brutal quashing of dissent, we urge the Council to promptly move towards putting in place a country-wide mechanism that can respond to events on the ground as they emerge.
We welcome the strong resolution on Syria, which condemns violations and abuses by all parties, and appropriately addresses concerns raised by the COI about the use of chemical weapons, sexual and gender-based violence, and the need to address situations of detainees and disappearances. The Council cannot stay silent in the face of continued atrocities as the conflict continues unabated into its seventh year.
We welcome the joint statements delivered this session on Cambodia, the Philippines,and Venezuela. We urge Council members and observes to work towards increased collective action to urgently address the dire human rights situations in these countries.
On the Philippines, we emphasise that the Council should establish an independent international investigation into extrajudicial killings in the ‘war on drugs’ and mandate the OHCHR to report on the human rights situation and on moves toward authoritarianism.
The joint statement on Cambodia represents a glimmer of hope after the Council's failure to take meaningful action against clear sabotage of democratic space ahead of elections. Close scrutiny of the human rights situation before, during and after the elections is paramount and the Council must take immediate action on current and future human rights violations in this regard.
We welcome the joint statement delivered by Luxembourg calling on the HRC President to provide short oral updates on cases of alleged intimidation or reprisal, including actions taken, at the start of the Item 5 general debate of each Council session and also provide States concerned with the opportunity to respond.
Finally, the new Council member to replace the United States should demonstrate a principled commitment to human rights, to multilateralism and to addressing country situations of concern by applying objective criteria.
Joint Statement by Asian Forum for Human Rights and Development (FORUM-ASIA), the Association for Progressive Communications, the Center for Reproductive Rights (CRR), CIVICUS: World Alliance for Citizen Participation, DefendDefenders (the East and Horn of Africa Human Rights Defenders Project), Human Rights House Foundation (HRHF), International Commission of Jurists (ICJ), the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), the International Service for Human Rights (ISHR)
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Over 30 rights organisations call on international powers to pressure Cambodia over human rights abuses
Joint Letter
We call on Australia, Canada, Finland, France, Germany, India, Japan, South Korea, New Zealand, Sweden, the Netherlands the United Kingdom, and the United States of America, to join the EU in its call to the Cambodian government to take concrete action to address the human rights situation in the country. Repressive laws that restrict human rights and civic freedoms in Cambodia have worsened during COVID-19.
Your excellency,
We, the undersigned 32 civil society organizations, urge the Governments of Australia, Canada, Finland, France, Germany, India, Japan, New Zealand, Sweden, the Netherlands, the Republic of Korea, the United Kingdom, and the United States of America to echo the European Union (EU) in its call for the respect of human rights in Cambodia. On August 12, 2020, the EU will partially suspend Cambodia’s “Everything But Arms” (EBA) tariff preferences in response to the Cambodian government’s “serious and systematic violations” of four human and labor rights conventions: the International Covenant on Civil and Political Rights (1966), the International Labor Organization (ILO) Convention concerning Freedom of Association and Protection of the Right to Organize No. 87 (1948), the ILO Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively, No. 98 (1949), and the International Covenant on Economic, Social and Cultural Rights (1966).
The Cambodian government continues to crack down on civil society, independent media, and the political opposition and human rights defenders to silence critical voices in the country. In the past three years it has adopted a series of repressive laws that unduly restrict human rights. In November 2019, the Cambodian authorities had arbitrarily detained nearly 90 people solely on the basis of the peaceful expression of their opinions or political views as well as their political affiliations. While 74 opposition members, detained on spurious charges, were released from detention in December 2019, the charges against them remain, and they risk re-arrest. Opposition leader Kem Sokha’s criminal trial for unsubstantiated treason charges has been marred by irregularities since it began in January. Sokha remains banned from politics and faces up to 30 years in prison if convicted. The Prime Minister announced that the trial could drag on into 2021.
In April, the Cambodian government used the Covid-19 crisis to adopt an unnecessary and draconian state of emergency law that provides the authorities with broad and unfettered powers to restrict freedom of expression, peaceful assembly and association – rights that have already been severely restricted during his 35 years in power. Currently, another 30 political prisoners are behind bars due to the Cambodian government’s continued onslaught on free speech in the guise of combating Covid-19.
Cambodia committed to protecting and promoting fundamental human rights, providing equal protection of the law, and holding genuine periodic elections when it ratified the International Covenant on Civil and Political Rights. The Cambodian government ratified all of the fundamental ILO Conventions that protect the rights of workers and trade unions. Respect for human rights and the rule of law are essential for a stable and flourishing business environment over the long term.
Cambodia agreed that access to the EU’s Everything But Arms preferential trade scheme is conditional on adherence to the principles in 15 core human rights and labor rights conventions. The European Commission’s decision on February 12, 2020 to partially suspend Cambodia’s EBA preferences followed a yearlong process of ‘enhanced engagement’ between the EU and Cambodia during which the Cambodian government was given every opportunity to cooperate and make significant progress in improving its protection of human rights and labor rights. The European Commission concluded that Cambodia had failed to take necessary measures to retain full EBA benefits.
We agree. For example, on January 22, 2020, 23 companies and nongovernmental organizations, including major international garment brands sourcing from Cambodia, raised concerns about the labor rights situation and urged the government to amend or repeal two deeply problematic laws, the Trade Union Law and the Law on Associations and NGOs (LANGO), and drop all outstanding criminal charges against union leaders. The government’s tokenistic amendments to the repressive Trade Union Law fell considerably short of what was required to address that issue. More broadly, the government has demonstrated an unwillingness to take concrete and meaningful steps to improve the rights situation; to the contrary, Cambodia adopted further repressive laws and arrested more peaceful critics during the intensive monitoring and evaluation process.
We therefore call on Australia, Canada, Finland, France, Germany, India, Japan, New Zealand, Sweden, the Netherlands, the Republic of Korea, the United Kingdom, and the United States of America, acting collectively and bilaterally, to echo the EU in its call to the Cambodian government to take concrete action without delay, including but not limited to the following, to address the human rights situation in the country:
- Immediately and unconditionally release all political prisoners, including activists, human rights defenders, journalists, and members of the political opposition.
- Cease harassment, arbitrary arrests, and physical attacks against union leaders, land activists, human rights defenders, opposition members, and journalists.
- Immediately drop the baseless treason charges against opposition leader Kem Sokha.
- Conduct independent, impartial, prompt and thorough investigations into attacks, including killings, against critics of the government and hold those responsible to account. For example, the Cambodian government should establish an independent Commission of Inquiry to conduct an effective investigation into the extrajudicial killing of political commentator and human rights defender Dr. Kem Ley in July 2016.
- Repeal the Law on the Management of the Nation in State of Emergency.
- Reverse the three rounds of amendments to the Law on Political Parties that permit the arbitrary dissolution of political parties and ban party leaders from political activity without due process.
- Significantly amend the Trade Union Law in consultation with workers, labor advocates and other stakeholders to bring it into full compliance with ILO Conventions No. 87 (Freedom of Association) and No. 98 (Right to Organize and Collectively Bargain), both ratified by Cambodia.
- Repeal or significantly amend the Law on Associations and Non-Governmental Organizations (LANGO), which violates Cambodia’s obligations under international human rights law.
- Cease the government’s arbitrary interference and surveillance of the online and offline media and end the use of repressive laws to censor and control independent media.
- Restore the work of the Arbitration Council by enabling it to hear all labour disputes, including termination of union leaders, and guaranteeing unrestricted access to all workers, irrespective of union status.
- Ensure prompt, fair and transparent resolution of all land conflicts by providing fair compensation to victims of land grabbing and introduce an effective and fair system of land titling, while ending the harassment of land rights activists and affected communities.
- Cooperate with the Office of the UN High Commissioner for Human Rights and UN Special Procedures in order to allow them to fulfil their mandates without interference.
The Cambodian government should take meaningful measures that reverse the deterioration of Cambodia’s human rights situation in order to restore trade preferences or lift suspensions of bilateral aid.
We urge your government to call on the Cambodian government to comply with its obligations under international human rights law and to support the EU in its efforts to bring respect for human rights, rule of law, and democracy to the Cambodian people.
Yours sincerely,
Arab Network for Food Sovereignty - Regional
Article 19
ASEAN Parliamentarians for Human Rights (APHR)
Asian Democracy Network (ADN)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asian Network for Free Elections (ANFREL)
Asia Indigenous Peoples Pact (AIPP)
Business and Human Rights Resource Centre (BHRRC)
Civil Rights Defenders
CIVICUS
Clean Clothes Campaign East Asia
EarthRights International
Fair Labor Association (FLA)
FIAN Germany
Forest Peoples’ Programme
Front Line Defenders
Global Witness
Human Rights Now (HRN)
Human Rights Watch (HRW)
International Commission of Jurists (ICJ)
International Federation for Human Rights (FIDH)
International Freedom of Expression Exchange (IFEX)
International Service for Human Rights (ISHR)
Pakistan Kissan Mazdoor Tehreek
People’s Coalition on Food Sovereignty (PCFS) - Europe
People’s Coalition on Food Sovereignty (PCFS) - Global
Pesticide Action Network Asia Pacific - Regional
Roots for Equity, Pakistan
Struggle to Economize Future Environment (SEFE), Cameroon
The B Team
World Organisation Against Torture (OMCT)
Zambia Social Forum
Civic space in Cambodia is rated as Repressed by the CIVICUS Monitor.
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Reaction to human rights resolution on Cambodia
42nd Session of the UN Human Rights Council
Response to resolution on CambodiaCIVICUS welcomes the renewal of the mandate of the Special Rapporteur on Cambodia in a resolution which was passed by consensus today. As the country’s human rights situation is deteriorating and space for freedom of expression, peaceful assembly and association is decreasing, international scrutiny is more important than ever.
However, the resolution was also a missed opportunity for the Human Rights Council to push for substantive change on the ground. At a time when the human rights situation in the country is regressing, a strong resolution providing for enhanced monitoring and reporting mechanisms would have shown that the Council will not accept sustained violations of fundamental freedoms.
‘This resolution does not go far enough towards bringing to account the perpetrators of human rights violations, or to provide a remedy for victims and their families,’ said Lisa Majumdar, Advocacy Officer with CIVICUS.
‘Cambodia’s human rights situation has deteriorated over the past four years and international action so far has been inadequate. This resolution could have an important moment to step up scrutiny of the authorities and show Cambodian human rights defenders that they are not alone. Instead it sends a signal that the Cambodian government can continue to violate rights with impunity’, said Lisa Majumdar.
We welcome the acknowledgement in the resolution of the ‘chilling effect’ over civil society and independent voices following the murder of human rights defender and analyst Dr Kem Ley, although disappointed that the resolution did not name him, and we reiterate calls for a full, independent and transparent investigation into his death. Such a chilling affect has been compounded by repressive laws, misuse of the justice system, online and offline intimidation, and the shutdown of independent media outlets.
However, we are concerned by references in the resolution to Cambodia’s ‘efforts and progress’ in enforcing basic laws such as the criminal code and the criminal procedure code. Not only should this be a baseline standard to meet, but there are multiple cases of Cambodian courts continuing to misuse both laws in order to judicially harass and in some cases imprison human rights defenders, land activists, and opposition supporters. Cambodia’s manipulation of the justice system to serve political goals should be the subject of reform, not praise.
The Special Rapporteur on Cambodia presented her latest report to the Council earlier this week. The report detailed the regression in the country’s political situation as well as some steps it has taken towards meeting sustainable development goals and outlining recommendations.
We call on the Cambodian government to restore full fundamental freedoms in line with the report's recommendations, and to implement recommendations from its UPR held earlier this year.
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Statement to the UN High Commissioner on Human Rights: Countries on the civic space watchlist
37th Session of the Human Rights Council
Oral statement at Interactive Dialogue with UN High Commissioner on Human RightsCIVICUS commends the High Commissioner for his report, and for his commitment to standing alongside victims of the world's most egregious human rights violations by continuously bringing attention of their plight to this Council.
Mr President, CIVICUS shares the High Commissioner's grave concern over growing restrictions on civic space in Cambodia, Cameroon, Poland, Tanzania and Honduras. We note that these five countries have been placed on the CIVICUS Monitor's Watch List, which draws attention to countries where there are serious and ongoing threats to civic space.
In Cameroon, reports of renewed violence against protesters have emerged as the authorities have shut down internet access in Anglophone regions of the country. The government has also taken sharp measures to control and limit freedom of expression by suspending journalists’ activities and radio and television stations’ operations.
In the run-up to Cambodia’s 2018 general elections, the government has attempted to silence the opposition and suppress civic space, shutting down independent media and arresting activists. Repression of dissenting voices makes it highly unlikely that elections will take place in a transparent and democratic manner.
Poland’s current trajectory has caused grave concern as the government seeks to restrict civil and political freedoms and control the judiciary and civil society organisations. Worringly, a new body closely related to the office of the president has been created to control the flow of funding to civil society organisations, which could result in only pro-government groups being funded.
Peaceful protests following Honduras´ recent elections, which were criticised by the opposition and international observers, were met by security forces using excessive force. Several protesters were killed and many others injured and arbitrarily detained.
Tanzania has remained on the Monitor Watch List and CIVICUS echoes the High Commissioner’s concern over the authorities’ unrelenting attacks on the media, civil society and the LGBTI community in particular.
Mr President, restrictions on civic space are often a bellwether for further violations of human rights and allow states to act with impunity. CIVICUS asks the High Commissioner how his office intends to support local civil society fighting for human rights on the ground to respond to this global crackdown.
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Statement: Cambodia's adoption of Universal Periodic Review on Human Rights
41st Session of the UN Human Rights Council
CIVICUS, the Cambodian Center for Human Rights (CCHR), the Cambodian Human Rights and Development Association (ADHOC) and IFEX welcome the Royal Government of Cambodia's engagement with the Universal Periodic Review (UPR) process.
In our joint UPR Submission, we documented that since its last review, Cambodia has failed to fully implement any of the recommendations it accepted relating to civic space and fundamental freedoms. We welcome the government’s acceptance of a number of recommendations received in this cycle to strengthen respect for freedom of expression, association and peaceful assembly and to protect human rights defenders. The Royal Government of Cambodia must now take concrete steps to promptly and meaningfully implement these recommendations in order to restore civic space, which has been drastically undermined in recent years.
The legal framework currently in place contravenes Cambodia’s obligations under international human rights law. Laws and provisions are routinely misapplied to restrict freedom of association, undermine civil society, and criminalize individual’s exercise of their right to freedom of expression. We are disappointed that the government of Cambodia explicitly decided not to accept certain recommendations to amend or repeal repressive laws, including the Law on Political Parties, the Law on Associations and Non-Governmental Organizations and the Trade Union Law.
Human rights defenders, civil society activists and journalists are routinely subject to judicial harassment and legal action. While we welcome the release of human rights defenders and journalists from detention in 2018, we are concerned that many were released on bail with cases still pending against them.
Media outlets perceived as critical towards the government have been subjected to a severe crackdown in 2017 and 2018, through threats and sanctions including shutdowns, which significantly curtail citizens’ access to information. We encourage the Royal Government of Cambodia to promptly implement the recommendations it accepted related the independence of the media, and we urge the government to re-create an enabling environment for a free and pluralistic media, including by ceasing judicial harassment against journalists, and abuse of tax regulations to harass media outlets and associations (even though Cambodia decided to note the recommendation received in this regard).
Mr President, we recognize the importance of this review as a first step to address the deterioration of respect for human rights in Cambodia. We now call on the Royal Government of Cambodia to take proactive and immediate measures to restore civic space, foster a free and enabling environment for civil society, and ensure that all Cambodians can freely exercise their fundamental freedoms.
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UN Human Rights Council falls short of action needed on Cambodia’s human rights crisis
Resolution on Cambodia adopted at the 48th Session of the United Nations Human Rights Council
The Human Rights Council has renewed the mandate of the Special Rapporteur on Cambodia, but the resolution adopted by the Council today does not reflect nor adequately address the escalating political and human rights crisis in the country.
With Cambodia’s main opposition party dissolved in 2017 and its politicians barred from politics, the fragile veneer of democracy engendered by the Paris Peace Accords has disintegrated, leaving the country a de facto one-party state.
The resolution mandates one additional update by the Special Rapporteur to the Council in March 2022, which will allow for further scrutiny of the country ahead of the communal election, set for June 2022. A second additional update, set for March 2023 ahead of the national elections in June that same year, was removed from the draft resolution shortly before its adoption.
‘It is disappointing that the resolution does not reach the bare minimum needed to address the ongoing deterioration of human rights in Cambodia,’ said Cornelius Hanung, Asia Advocacy Officer for CIVICUS. ‘The human rights situation in the country has drastically deteriorated since the last time this resolution was negotiated in 2019, and conditions for free and fair elections are fundamentally and conspicuously absent. There is no sign of domestic or international political will to address this.’
Calls from civil society for enhanced monitoring and reporting by the High Commissioner were not considered.
‘Free and fair elections depend not only on the ability of political parties to participate, but also on press freedom, the ability to dissent without fear of harassment and reprisals, and on civil society being able to organize and assemble,’ said Cornelius Hanung. ‘But we consistently see repressive laws and judicial harassment used in Cambodia to restrict civic freedoms, undermine and weaken civil society, and criminalize individuals for exercising their rights to freedom of expression, freedom of association, and freedom of peaceful assembly.’
Cambodia has consistently cited its constructive engagement with the Human Rights Council to pre-empt stronger action, such as additional monitoring, to address its human rights crisis.
‘Attacks against the Special Rapporteur and his mandate by Cambodia during the Interactive Dialogue to his report represented just the latest example of ‘constructive engagement,’ which to date has been minimal at best and weaponized by Cambodia at worst,’ said Cornelius Hanung. ‘Human rights defenders and those calling for democratic reform on the ground can no longer afford for the Council to seek consensus resolutions at the expense of their protection.’
The adoption of the resolution under the Council’s technical cooperation and capacity-building Item ensures that Cambodia stays on the Council’s agenda for a further two years. CIVICUS maintains its call for the Council to establish a robust monitoring mechanism to adequately assess and address the human rights crisis and further election-related violations.
Civic space in Cambodia is rated 'repressed' by the CIVICUS Monitor.
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UN must address crises in Afghanistan and Cambodia, and commit to strengthening equal participation
Statement at the 48th Session of the UN Human Rights Council
Delivered by Lisa Majumdar
Thank you, Madame President.
We welcome that the High Commissioner raised the appalling situation for environmental human rights defenders and we call on the Council to address violations against all human rights defenders across the globe. Participation of civil society without fear of reprisal is vital to working collaboratively towards solutions to all human rights concerns.
We further call on the Council this Session to strengthen equal participation by addressing repression of civic space and the rollback of democratic freedoms in response to the COVID pandemic. This includes particularly violations of access to information and freedoms of expression and assembly through internet shutdowns, and in the context of elections.
We welcome the High Commissioner’s update on Afghanistan and reiterate a call for the Council to create a gender-sensitive, independent investigative mechanism. The courage of those calling for justice on the ground, at grave personal risk, cannot be overstated and it is vital that their efforts be supported by the international community.
In Nicaragua, we call for the immediate release of arbitrarily detained political opposition leaders, human rights defenders and journalists, and for overdue electoral reforms. We welcome the High Commissioner’s update on Sri Lanka; ongoing shrinking civic space in the country undermines claims of reconciliation and accountability efforts.
On Cambodia, in the midst of a dramatically worsening human rights situation including persisting restrictions on civic space and the repression of dissent, and ahead of elections scheduled for 2022 and 2023, it is imperative that the Council this session takes action to adequately address violations through mandating monitoring and reporting by the High Commissioner.
We thank you.
Civic space in Afghanistan, Cambodia and Nicaragua is rated as repressed by the CIVICUS Monitor.
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UN resolution needed to help address human rights crisis in Cambodia
To Members and Observer States of the United Nations Human Rights Council
Dear Excellency,
The undersigned civil society organizations, representing groups working within and outside Cambodia to advance human rights, rule of law, and democracy, are writing to alert your government to an ongoing human rights crisis in Cambodia and to request your support for a resolution ensuring strengthened scrutiny of the human rights situation in the country at the upcoming 42nd session of the UN Human Rights Council (the “Council”).
National elections in July 2018 were conducted after the Supreme Court, which lacks independence, dissolved the major opposition party, the Cambodia National Rescue Party (CNRP). Many believe that this allowed the ruling Cambodian People’s Party (CPP) under Prime Minister Hun Sen to secure all 125 seats in the National Assembly and effectively establish one-party rule. Since the election, respect for human rights in Cambodia has further declined. Key opposition figures remain either in detention – such as CNRP leader Kem Sokha, who is under de factohouse arrest – or in self-imposed exile out of fear of being arrested. The CNRP is considered illegal and 111 senior CNRP politicians remain banned from engaging in politics. Many others have continued to flee the country to avoid arbitrary arrest and persecution.
Government authorities have increasingly harassed opposition party members still in the country, with more than 147 former CNRP members summoned to court or police stations. Local authorities have continued to arrest opposition members and activists on spurious charges. The number of prisoners facing politically motivated charges in the country has remained steady since the election. The government has shuttered almost all independent media outlets and totally controls national TV and radio stations. Repressive laws – including the amendments to the Law on Political Parties, the Law on Non-Governmental Organizations, and the Law on Trade Unions – have resulted in severe restrictions on the rights to freedom of expression, peaceful assembly and association.
It is expected that a resolution will be presented at the 42nd session of the Human Rights Council in September to renew the mandate of the UN Special Rapporteur on the situation of human rights in Cambodia for another two years. We strongly urge your delegation to ensure that the resolution reflects the gravity of the situation in the country and requests additional monitoring and reporting by the Office of the High Commissioner for Human Rights (OHCHR). Mandated OHCHR monitoring of the situation and reporting to the Council, in consultation with the Special Rapporteur, would enable a comprehensive assessment of the human rights situation in Cambodia, identification of concrete actions that the government needs to take to comply with Cambodia’s international human rights obligations, and would allow the Council further opportunities to address the situation.
Since the last Council resolution was adopted in September 2017, the situation of human rights in Cambodia, including for the political opposition, human rights defenders, and the media, has drastically worsened. Developments since the 2018 election include:
Crackdown on Political Opposition
On March 12, 2019, the Phnom Penh Municipal Court issued arrest warrants for eight leading members of the opposition Cambodia National Rescue Party who had left Cambodia ahead of the July 2018 election – Sam Rainsy, Mu Sochua, Ou Chanrith, Eng Chhai Eang, Men Sothavarin, Long Ry, Tob Van Chan, and Ho Vann. The charges were based on baseless allegations of conspiring to commit treason and incitement to commit a felony. In September 2018, authorities transferred CNRP head Kem Sokha after more than a year of pre-trial detention in a remote prison to his Phnom Penh residence under highly restrictive “judicial supervision” that amounts to house arrest. Cambodian law has no provision for house arrest and there is no evidence that Sokha has committed any internationally recognizable offense.
During 2019, at least 147 arbitrary summonses were issued by the courts and police against CNRP members or supporters. Summonses seen by human rights groups lack legal specifics, containing only vague references to allegations that the person summoned may have violated the Supreme Court ruling that dissolved the CNRP in November 2017.
Human Rights Defenders and Peaceful Protesters
In November 2018, Prime Minister Hun Sen stated that criminal charges would be dropped against all trade union leaders related to the government’s January 2014 crackdown on trade unions and garment workers in which security forces killed five people. However, the following month, a court convicted six union leaders – Ath Thorn, Chea Mony, Yang Sophorn, Pav Sina, Rong Chhun, and Mam Nhim – on baseless charges and fined them. An appeals court overturned the convictions in May 2019, but in July 2019 the court announced its verdict in absentia convicting Kong Atith, newly elected president of the Coalition of Cambodian Apparel Workers Democratic Union (CCAWDU), of intentional acts of violence in relation to a 2016 protest between drivers and the Capitol Bus Company. The court imposed a three-year suspended sentence, which will create legal implications under Article 20 of the Law on Trade Unions, which sets out among others that a leader of a worker union cannot have a felony or misdemeanour conviction.
In December 2018, Thai authorities forcibly returned Cambodian dissident Rath Rott Mony to Cambodia. Cambodian authorities then prosecuted him for his role in a Russia Times documentary “My Mother Sold Me,” which describes the failure of Cambodian police to protect girls sold into sex work. He was convicted of “incitement to discriminate” and in July 2019 sentenced to two years in prison.
In March 2018, the government enacted a lese majeste (insulting the king) clause into the Penal Code, and within a year four people had been jailed under the law and three convicted. All the lese majeste cases involved people expressing critical opinions on Facebook or sharing other people’s Facebook posts. The government has used the new law, along with a judiciary that lacks independence, as a political tool to silence independent and critical voices in the country.
In July 2019, authorities detained two youth activists, Kong Raya and Soung Neakpoan, who participated in a commemoration ceremony on the third anniversary of the murder of prominent political commentator Kem Ley in Phnom Penh. The authorities charged both with incitement to commit a felony, a provision commonly used to silence activists and human rights defenders. Authorities arrested seven people in total for commemorating the anniversary; monitored, disrupted, or cancelled commemorations around the country; and blocked approximately 20 members of the Grassroots Democracy Party on their way to Takeo province – Kem Ley’s home province.
Attacks on Journalists and Control of the Media
Prior to the July 2018 election, the Cambodian government significantly curtailed media freedom, online and offline. In 2017, authorities ordered the closure of 32 FM radio frequencies that aired independent news programs by Radio Free Asia (RFA) and Voice of America. RFA closed its offices in September 2017, citing government harassment as the reason for its closure. The local Voice of Democracy radio was also forced to go off the air.
Since 2017, two major independent newspapers, the Phnom Penh Post and The Cambodia Daily, were subjected to dubious multi-million-dollar tax bills, leading the Phnom Penh Post to be sold to a businessman with ties to Hun Sen and The Cambodia Daily to close.
Social media networks have come under attack from increased government surveillance and interventions. In May 2018, the government adopted a decree on Publication Controls of Website and Social Media Processing via the Internet and the Law on Telecommunications, which allow for arbitrary interference and surveillance of online media and unfettered government censorship. Just two days before the July 2018 elections, authorities blocked the websites of independent media outlets – including RFA and VOA – which human rights groups considered immediate enforcement of the new decree.
Since then, Cambodian authorities have proceeded with the politically motivated prosecution of two RFA journalists, Yeang Sothearin and Uon Chhin. They were arrested in November 2017 on fabricated espionage charges connected to allegations that the two men continued to report for RFA after RFA’s forced closure of its Cambodia office. They were held in pre-trial detention until August 2018. Their trial began in July 2019 and a verdict on the espionage charges is expected late August. They face up to 16 years in prison.
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The Cambodian government’s actions before and since the July 2018 election demonstrate a comprehensive campaign by the ruling CPP government to use violence, intimidation and courts that lack judicial independence to silence or eliminate the political opposition, independent media, and civil society groups critical of the government.
We strongly urge your government to acknowledge the severity of the human rights situation and the risks it poses to Cambodia’s fulfilment of its commitments to respect human rights and rule of law as set out in the Paris Peace Accords 1991. It is crucial that concerned states explicitly condemn the Cambodian government’s attacks on human rights norms and take steps to address them.
For these reasons, we call on the Human Rights Council to adopt a resolution requesting the UN High Commissioner for Human Rights to monitor and report on the situation of human rights in Cambodia and outline actions the government should take to comply with its international human rights obligations. The High Commissioner should report to the Council at its 45th session followed by an Enhanced Interactive Dialogue with the participation of the Special Rapporteur on Cambodia, other relevant UN Special Procedures, and members of local and international civil society.
We further recommend that your government, during the Council’s September session, speaks out clearly and jointly with other governments against ongoing violations in Cambodia.
We remain at your disposal for any further information.
With assurances of our highest consideration,
- Amnesty International
- ARTICLE 19
- ASEAN Parliamentarians for Human Rights (APHR)
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Asian Legal Resource Centre (ALRC)
- Cambodian Alliance of Trade Unions (CATU)
- Cambodian Center for Human Rights (CCHR)
- Cambodian Food and Service Workers' Federation (CFSWF)
- Cambodian Human Rights and Development Association (ADHOC)
- Cambodian League for the Promotion & Defense of Human Rights (LICADHO)
- Cambodian Youth Network (CYN)
- Cambodia's Independent Civil Servants Association (CICA)
- Center for Alliance of Labor and Human Rights (CENTRAL)
- CIVICUS: World Alliance for Citizen Participation
- Civil Rights Defenders (CRD)
- Committee to Protect Journalists (CPJ)
- Commonwealth Human Rights Initiative (CHRI)
- FIDH – International Federation for Human Rights
- Fortify Rights
- Human Rights Now
- Human Rights Watch (HRW)
- International Commission of Jurists (ICJ)
- Independent Democracy of Informal Economy Association (IDEA)
- International Service for Human Rights (ISHR)
- Lawyers’ Rights Watch Canada (LRWC)
- National Democratic Institute (NDI)
- Reporters Without Borders (Reporters Sans Frontières - RSF)
- World Organisation Against Torture (OMCT)
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UN Universal Periodic Review submissions on civil society space in Afghanistan, Cambodia, Eritrea & Vietnam
CIVICUS and its partners have made UN Universal Periodic Review (UPR) submissions on civil society space in Afghanistan, Cambodia, Eritrea and Viet Nam.
The United Nations Human Rights Council's Universal Periodic Review is a unique process which involves a review of the human rights records of all 193 UN Member States once every 4.5 years.
CIVICUS and its partners have submitted UN Universal Periodic Review (UPR) submissions on 4 countries in advance of the 46th UPR session in April - May 2024. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 3rd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.
Afghanistan- The submission by CIVICUS and Safety and Risk Mitigation Organization (SRMO) examines the deterioration of civic space after the takeover by the Taliban in Afghanistan. Specific instances of harassment of human rights defenders, journalists and protesters as well as physical attacks, killings, abduction, arrests, and intimidations are documented. In particular, attacks against women activists and protesters are highly alarming. Repercussion on media freedom has worsened as new sets of rules for the media outlining prohibitions and requirements silence dissent.
Cambodia - In this submission, CIVICUS and the Asian Forum for Human Rights and Development (Forum-Asia) document restrictions of civic space in Cambodia, including excessive restrictions on association under the Law on Associations and Non-Governmental Organizations, suppression of protests, and restrictions and surveillance online. Human rights defenders, activists and journalists are consistently convicted and detained under vaguely worded charges. The submission also documents alarming restrictive laws, policies and practices. that undermines the freedom of media and target journalists and critics of the government.
Eritrea -The submission by CIVICUS and Surbana Vision Media and Community Services highlights Eritrea’s restriction on fundamental freedoms and persistent and violent suppression of civil society. The submission documents severe damage to media freedom, as the government places severe controls on media organizations effectively shutting down all independent media. Even private discussions are severely inhibited by fear of government informants and the likelihood of arrest and arbitrary detention. The submission also sheds light on the lack of independent Civil Society Organisations (CSOs) as they are not able to operate safely in Eritrea as well as threats, intimidation and harassment of human rights defenders both in Eritrea and in exile.
Viet Nam - In this submission, CIVICUS, Asia Democracy Network (ADN) and Vietnam Advocates for Change (VAC) express their concerns about the highly restrictive regulatory regime deteriorating civic space both in law and in practice. Numerous cases of arrest and detention of human rights defenders, civil society activists, journalists, and protesters for charges under vaguely defined national security offences are documented. Those in detention are subjected to torture and other inhumane treatment with the purpose of coercing confessions or punishment for their opinion. The report also sheds light on the restriction, both online and offline, of freedom of expression by repressive laws and decrees as well as state censorship.
Civic space in Afghanistan, Eritrea and Viet Nam is rated as Closed by the CIVICUS Monitor. In Cambodia it is rated as Repressed.