This page summarizes cases raised with Cambodia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Cambodia.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Cambodia, English).
Observations
The Special Rapporteur thanks the Government of Cambodia for its responses to his communication dated 26 September 2011, but regrets that it did not respond to the other communication dated 13 May 2011 related to a draft legislation governing NGOs. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication, which are further echoed in a press release dated 14 October 2011 issued by three special procedures mandate holders.
The Special Rapporteur urges the Government of Cambodia to take the necessary measures to ensure that associations can operate in an enabling and safe environment allowing them to exercise their legitimate freedom of association without undue hindrances.
With regard to the draft NGO law, the Special Rapporteur renews its availability to provide any technical support and assistance needed to ensure that the legal framework governing association and its implementation meet international law standards.
The Special Rapporteur refers to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Cambodia of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of Cambodia for its response to his communication dated 27 June 2012, but regrets that it did not respond to the other communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication.
The Special Rapporteur welcomes the consultations organized by the authorities with civil society in the framework of the preparation of the draft law on associations and non-governmental organizations. In this regard, he reiterates his concerns that the draft law does not meet international human rights standards governing the right to freedom of association (see notably A/HRC/20/27). He renews his availability to provide any technical support and assistance needed to ensure that the law and its implementation meet such standards.
The Special Rapporteur remains very preoccupied about the targeting of human rights activists who promote and protect land rights. He is similarly preoccupied about the targeting of organizers and participants, including trainers, of human rights events. As a result, he urges again the authorities to ensure that no individual is criminalised for the peaceful exercise of his fundamental freedoms. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation over any allegations of human rights violations or abuses should be conducted, those responsible should be held accountable, and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds again the Government of Cambodia of his country request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of Cambodia for its response to his communication dated 17 February 2014, but regrets that it did not respond to the other communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication.
The Special Rapporteur remains seriously concerned about undue interferences with the right to freedom of peaceful assembly, including the indiscriminate and excessive use of force against protestors, leading to the death, and arrest and detention of, several individuals. As a result, he urges again the authorities to ensure that no individual is criminalised for the peaceful exercise of his fundamental freedoms. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation over any allegations of human rights violations or abuses should be conducted, those responsible should be held accountable, and victims should be provided with full redress.
In relation to elections, the Special Rapporteur “stresses that electoral periods are such an important time to build democratic, responsive and accountable institutions and that very strict and clear safeguards should be put in place by States to prevent undue interference in public freedoms, in particular in the rights to freedom of peaceful assembly and of association. Further, in times of elections, States should make greater efforts to facilitate and protect the exercise of these core rights, which should be enjoyed by everyone, especially by members of groups at risk. In effect, genuine elections cannot be achieved if the rights to freedom of peaceful assembly and of association are curtailed” (A/HRC/68/299, para. 56).
The Special Rapporteur also refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds again the Government of Cambodia of his country requests sent in September 2011 and October 2013, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Cambodia for its response dated 28 August 2014, which provided information on the investigation into the reported acts of intimidation and threats against human rights defender Mr. Vann Sophath. He trusts he will soon receive a response to the questions raised in the communication on 22 August 2014, in conformity with the requirement of Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) to fully cooperate with the mandate.
Environment in which these rights are exercised
In relation to the contested appropriation of land, the Special Rapporteur remains seriously concerned about the reported recurring resort to violence and intimidation against human rights defenders and residents by the company security agents with the knowledge of the police. He is similarly concerned about the violent dispersal of peaceful assemblies and criminalization of protestors at Or Rung village, Ta Che commune in August 2014. He calls on the authorities to keep him informed on the charges brought against land activists arrested on 12 August 2014 and to indicate how their arrests and any consecutive measures are compatible with international human rights law and standards.
The Special Rapporteur articulates that there should be a presumption in favour of holding peaceful assemblies and associating freely and that security considerations should not be used as a justification for unduly strict rules or interpretations that void the rights to freedom of peaceful assembly and of association. No restrictions may be placed on the exercise of those rights other than those that are strictly necessary in a democratic society and proportionate to the interest to be protected. While the Special Rapporteur welcomes the statement of the Cambodian delegation present in Geneva during the review of the State at the Universal Periodic Review that stressed the important role of associations in the promotion of democracy and human rights (A/HRC/26/6, paragraph 17), he urges the authorities to take the necessary steps to promote and protect the rights set forth in the International Covenant on Civil and Political Rights, namely the articles 21 and 22 on freedoms of assembly and association, ratified by the State on 26 May 1992. He also takes this opportunity to recall the observations of the Human Rights Committee that call upon the State to, inter alia, “refrain from prosecuting journalists, human rights defenders and other civil society actors as a means of deterring or discouraging them from freely expressing their opinions” and to “ensure that the exercise of the right to peaceful assembly is not subject to restrictions other than the ones permissible under the Covenant” (CCPR/C/KHM/CO/2, paragraphs 21b and 22).
Country visit
The Special Rapporteur reminds the Government of his willingness to undertake a country visit to Cambodia, as indicated by letters on 23 September 2011 and 30 October 2013. He trusts that such a visit would allow him to examine in situ issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur takes note of the response of the Government of Cambodia to his joint communication of 21 December 2015 (KHM 7/2015) informing his fellow Special Rapporteur Ms. Rhona Smith that the letter should be directed to the judiciary. He looks forward to receiving a detailed response shortly. However, he regrets that the Government failed to respond to all the other communications sent during the reporting period. He considers responses to his communications as an important part of the cooperation of governments with his mandate and again urges the authorities to comply with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) on the rights to freedom of peaceful assembly and association that call upon States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications.
The Special Rapporteur reiterates all the serious concerns he made in his various communications and press statements on the draft Law on Associations and Non-Governmental Organisations (LANGO), which later became an Act of Parliament, which is unequivocally threatens the very existence of a free and independent civil society in Cambodia. He urges the Government to review the law and bring it in compliance with international human rights norms and standards without delay.
He further reiterates his concern that the judicial procedures against Mr. Chakrya are related to his legitimate and peaceful work providing legal assistance in Cambodia, and that it is an attempt to dissuade him from continuing his work in cases concerning land rights and, more broadly, to quell criticism and deter individuals from exercising their legitimate right to freedom of association in Cambodia.
Similarly, he reiterates serious concerns about the alleged arbitrary arrest and continued detention of Messrs. Try Sovikea, Sun Mal, Sim Samnang and Ven Vorn, which appear directly related to their legitimate human rights work, defending and exercising their rights to freedom of opinion and expression, peaceful assembly and association. Further concern is reiterated that the ban imposed on the human rights training session and the threat to arrest the participants may be linked to the legitimate human rights activities of Mother Nature who work closely with local communities to teach them about methods of direct but peaceful action to protect their environment and human rights.
The Special Rapporteur also remains concerned about the physical harassment of Mr. Kung Sophea and Mr. Nhay Chamraoen, two parliamentarians belonging to the main opposition party CNRP, in their legitimate and peaceful exercise of the rights to freedom of opinion and expression, freedom of association and to participate in political and public life. Similarly, serious concern is reiterated at the alleged arbitrary arrest, in some cases alleged arbitrary detention, prosecution and unfair trial of other members of CNRP, which seems directly related to their political views and membership in the opposition party and to the exercise to their rights to freedom of expression, association and peaceful assembly. Further concern is reiterated at the alleged arbitrary arrest, unfair trial, continued detention and health deterioration of Mr. Hong Sok Hour, a Senator for the Sam Rainsy Party and the alleged arbitrary removal of the parliamentary status and immunity of Mr. Sam Rainsy, both of which appear directly related to their political views and memberships in the opposition party and to their exercise to their rights to freedom of expression, association and peaceful assembly. Concern is also expressed again at the interference in the work of legitimate human rights organizations and defenders, such as doctors from LICADHO.
Overall, the Special Rapporteur is deeply concerned about the escalating trend of suppression of criticism against the Government, be they emanating from political parties or non-governmental organizations, which seems to be precipitated by the forthcoming elections – the communal election scheduled for 2017 and the National Assembly election scheduled for 2018 – in an attempt to silence and intimidate critical voices. In this regard, he reminds the Government of Cambodia of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or threats of any sort. He also wishes to refer to the joint report on the proper management of assemblies he prepared with the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66), which is particularly relevant to the present situation in Cambodia, most notably in relation to the ‘Black Monday’ Campaign.[1]
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit Cambodia, as indicated by letters on 23 September 2011 and 30 October 2013. He trusts that such a visit would allow him to examine in situ issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call upon States to consider favourably his requests for visits.
[1] See the press release issued after the reporting period: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19954&LangID=E
Observations
Response to communication
The Special Rapporteur regrets that the Government has, at the time of submission of the present report, only responded to one communication out of the four sent in the reporting period. The Special Rapporteur reiterates that he considers responses to his communications as essential part of cooperating with his mandate and urges the Government of Cambodia to provide replies to the three communications that are outstanding.
The Special Rapporteur reminds the Government of Cambodia of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work freely in a safe and enabling environment without fear of threats or acts of intimidation, harassment or violence of any kind.
The Special Rapporteur remains concerned at what appears to be direct targeting of civil society, characterized by an increase in criminal charges, questioning, court proceedings, instances of harassment and public statements against human rights defenders, parliamentarians, members of opposition parties and United Nations personnel during the current reporting period.
The Special Rapporteur is concerned that legislation and the judicial system, as well as threats of arrest, detention and legal action have been used by the Government to restrict free speech, both offline and online, by subjecting human rights defenders to periods of detention, imprisonment and deportation. Serious concerns are also expressed at the Government dispersing workers, trade union representatives and farmers engaging in peaceful assemblies. The Special Rapporteur stresses that States not only have an obligation to protect peaceful assemblies, but should also to take measures to facilitate them. The right to freedom of peaceful assembly is not absolute. Assemblies may be subject to certain restrictions, but such measures must be prescribed by law and “necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.” Any restrictions must meet a strict test of necessity and proportionality. Freedom must be the rule and not the exception. Restrictions should never impair the essence of the right.
Regarding the alleged arbitrary arrest, detention and charges brought against, human rights defenders Ms. Lim Mony, Mr. Ny Sokha, Mr. Nay Vanda, Mr. Yi Soksan, Mr. Ny Chakrya, as well as the court proceedings initiated against Mr. Ou Virak, members of ADHOC, the Special Rapporteur is concerned that they may be in retaliation for their peaceful human rights activities, and are in contravention with their legitimate rights to freedom of association, assembly and expression. He is also seriously concerned at repeated statements made by Government officials and institutions on matters under police or court investigation, which may place pressure on the police and the judiciary and prejudices the presumption of innocence.
The Special Rapporteur would also like to draw the attention of the Government to Opinion No. 45/2016 of the Working Group on Arbitrary Detention, given at its seventy-seventh session, held on 21-25 November 2016. The Working Group rendered the following opinion: “the deprivation of liberty of Ny Sokha, Nay Vanda, Yi Soksan, Lim Mony and Ny Chakra being in contravention of articles 7, 9, 10, 11 and 20 of the UDHR and of articles 9, 10, 14, 22 and 26 of the ICCPR, is arbitrary”. The Special Rapporteur strongly urge the Government to take the necessary steps to immediately release the aforementioned human rights defenders.
Regarding the murder of Mr. Kem Ley, who was shot dead at a convenience store in a petrol station on 10 July 2016, and was the founder of the grassroots network Khmer for Khmer and a prominent political commentator who had frequently criticised the government, the Special Rapporteur reiterates his call on Cambodian authorities to carry out a prompt, thorough and impartial investigation into the crime that ensures no perpetrator goes unpunished. This investigation should be conducted by an independent body with no ties to the Government.
Concerning the regarding the situation of Mr. Sam Rainsy, leader of the opposition Cambodia National Rescue Party (CNRP), who has been prohibited from entering the country, less than a year before communal elections, the Special Rapporteur regrets that the Government has not provided a response at the time of the submission of the present report. The Special Rapporteur wishes to recall the Human Rights Committee’s General Comment No 25 on Article 25 (Participation in public affairs and the right to vote), “any conditions which apply to the exercise of the rights protected by article 25 should be based on objective and reasonable criteria. […] The exercise of these rights by citizens may not be suspended or excluded except on grounds which are established by law and which are objective and reasonable”. As further stated in the Human Rights Committee’s General Comment No. 27 on Article 12 (Freedom of movement), “liberty of movement is an indispensable condition for the free development of a person.” The Committee also expressed that “[i]n no case may a person be arbitrarily deprived of the right to enter his or her own country. The reference to the concept of arbitrariness in this context is intended to emphasize that it applies to all State action, legislative, administrative, and judicial; it guarantees that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances.” Additionally, the Human Rights Committee “considers that there are few, if any, circumstances in which deprivation of the right to enter one’s own country could be reasonable.”
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
