Human rights defenders face ‘shrinking space’ in Cambodia

Paris - Geneva,September 2, 2010. Cambodians have faced increasingly severe restrictions ontheir freedom of expression since 2008, according to a new report by theObservatory for the Protection of Human Rights Defenders.

The report, “CAMBODIA:Freedoms of expression, association and assembly: A shrinking space”, is the result of aninternational fact-finding mission carried out in Phnom Penh, Siem Reap and Ratanakiri (Cambodia), from February14 to 24, 2010. The Observatory is a joint programme of the InternationalFederation for Human Rights (FIDH) and the World Organisation Against Torture(OMCT)[1].

The Observatory found that trade union leaders, landrights activists and journalists have faced among the worst human rightsviolations, facing new legal restrictions and fierce retaliation fordocumenting and denouncing abuses. The trade union movement, for example,remains shaken by the assassination of three leaders of the Free Trade Union ofWorkers of the Kingdom of Cambodia (FTUWKC) in 2004 and 2007 - Messrs. Chea Vichea (2004), Ros Sovannareth (2004)and Hy Vuthy (2007).Their real assassins have yet to be brought to justice, and policeinvestigations are at an apparent standstill.

Meanwhile, as ofDecember 8, 2009, 52 land rights activists were detained in Cambodia’s prisons– most on trumped-up charges designed to remove them from their role ascommunity leaders. Countless others have suffered forced evictions andharassment.

“Time and again we see the same pattern – those whodare to speak out against injustice are arrested, imprisoned and intimidated”,said Souhayr Belhassen, FIDH President. “The message to human rights defendersis clear: Be quiet, or the Government will forcibly silence you.”

The Government has also stepped up activity on thelegislative front, enacting and proposing a trio of new laws which dramaticallyreduce space for freedoms of expression, assembly and association.

The Law on Peaceful Demonstrations, which placesexcessive restrictions on the freedom of assembly, was promulgated on December5, 2009 and finalised without consultation of the civil society. The vagueterms of the law give to the authorities sweeping discretion to deny Cambodianspermission to peacefully assemble and protest. The Observatory believes thatthe law is inconsistent with Cambodia’s Constitution and the country’sinternational human rights obligations.

“The new law is worrisome because authorities oftenrefuse to authorise demonstrations or delay granting authorisation until theeleventh hour, even though the letter of the law only contains notificationrequirements”, said Eric Sottas, OMCT Secretary-General. “It is yet anothertool for the Government to silence its critics” he added.

The Government is also in the process of drafting anew law on trade unions and a law on NGOs and Associations. Localgroups fear that these new laws are intended to restrict the lawful activitiesof Cambodian civil society organisations. All three laws were highlighted as a priority by PrimeMinister Hun Sen in public statements, indicating that the current push wasorchestrated at the very highest levels of Government.

In view of the information provided in the report, the Observatory forthe Protection of Human Rights Defenders recommends to the authorities ofCambodia:

- to guarantee in allcircumstances the physical and psychological integrity of all human rightsdefenders in Cambodia;

- to put an end to all acts of harassment, including at the judicial level,against human rights defenders;

- to comply with the CambodianConstitution and the international and regional instruments ratified byCambodia as well as with the provisions of the UN Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998;

- to issue an invitation to theSpecial Rapporteur of the UN on the situation of human rights defenders so thatshe visits the country.

Atthe occasion of the launching of its report, the Observatory for the Protectionof Human Rights Defenders, a joint programme of the World Organisation AgainstTorture (OMCT) and the International Federation for Human Rights (FIDH), inviteyou to a

Press Conference

on Thursday 2nd September 2010,

from 8.30 to 11.30 am

at BaitongRestaurant

No.7, Street 360, BKK1, Phnom Penh

For further information, pleasecontact:

· FIDH:Fabien Maitre : + 33 1 43 55 25 18

· OMCT: Seynabou Benga: + 41 22 809 49 39

[1]TheObservatory’s mission was composed of Mr. Jens Tinga, trade unionrepresentative (the Netherlands), Ms. Emilie Cuq, lawyer (France), and Mr. WillFitzgibbon, researcher (Australia). The mission was prepared with cooperationfrom the International Trade Union Confederation (ITUC) as well as theCambodian League for the Promotion and Defense of Human Rights (LICADHO) andthe Cambodian Human Rights and Development Association (ADHOC).