Government-Donor Coordination Committee Meeting to address human rights violations

To: Participants of Government-Donor Coordination Committee Meeting

We, the undersigned international and regional human rights organizations, write to you toconvey our deepest concern regarding the increasing human rights violations in Cambodia. Inlight of the Government-Donor Coordination Committee (GDCC) meeting on September 26,2012, we urge the international donor community, which finances almost half of the Cambodiannational budget, to take timely and decisive action regarding the human rights abuses perpetratedby the Royal Government of Cambodia (RGC). Specifically, we urge you to ensure thatinternational aid strengthens democracy, the rule of law and human rights in Cambodia, and thatall charges against journalist Mam Sonando and human rights defenders Yorm Bopha and TimSakmony are withdrawn and they are released immediately.

We see this as particularly urgent given the current escalation of violence over natural resourcesin Cambodia, demonstrated by the recent killings of environmentalist Chut Wutty and journalistSerei Oudom. Meanwhile, Cambodia is increasingly seeking international prominence and is upfor consideration for membership on October 18 for a non-permanent seat on the United NationsSecurity Council. Regionally, the RGC is chairing the Association of Southeast Asian Nations ata time when it is about to adopt an ASEAN Human Rights Declaration in November that bywatering-down international human rights protections, will compromise the rights and freedomsof over 600 million people in the region

The past month has seen another serious downturn in Cambodia’s human rights situation. Wewish to highlight here the three most recent and prominent cases. The first concerns the currentdetention and trial of Mam Sonando, the director and owner of independent radio station FM105 (Beehive Radio). Sonando has been an outspoken advocate against human rights abuses,including those associated with the rapid sell off of Cambodia’s land and forests to investors. Hewas arrested twice in the past on spurious grounds after publicizing human rights violations overBeehive Radio.

The grounds for his most recent arrest are extremely dubious. He is alleged to have played aleading role in what the government has labeled a “secessionist” movement in Kratie province,an allegation referring to community organizing in opposition to land-grabbing. Sonando’s arrestalso followed his reporting over Beehive Radio of a complaint lodged at the InternationalCriminal Court arguing that land-grabbing in Cambodia amounts to a crime against humanity. Apublic call for his arrest was then issued by Prime Minister Hun Sen in a nationwide televisedspeech. Despite this threat, Sonando voluntarily returned to Phnom Penh on July 12 and wasindeed arrested and detained. No credible evidence has been presented to substantiate theallegations against him. Despite assurances from the Prime Minister to the contrary, we areconcerned that proceedings against Sonando may lead to the silencing of Beehive Radio, acrucial source for independent news and commentary in Cambodia as the country prepares fornational elections in 2013.

Sonando, 70, has also repeatedly been denied bail and his health is reported to be deteriorating indetention. The verdict on Sonando’s case is reportedly due on October 1 (after the GDCCmeeting). If found guilty, he could face up to 30 years in prison.

The other cases concern two women human rights defenders, prominent land housing rightsactivists Yorm Bopha and Tim Sakmony, who were arrested on September 4 and 5,respectively, similarly on the basis of questionable allegations.

Yorm Bopha, a pivotal figure in the protests against forced evictions in the Boeung Kak area ofPhnom Penh, was detained for allegedly assaulting a person suspected of theft. We believe theevidence for this is at best distorted and may be fabricated.

Tim Sakmony, a leader in protests against forced evictions from the Borei Keila area of thecapital, was arrested after the owner of land developer Phanimex lodged a complaint allegingthat she had made a “false declaration” in a suit accusing Phanimex of inadequate compensationfor persons evicted from land the company is developing. Phaminex was originally granted landin Borei Keila conditional upon the construction of ten apartment buildings to rehouse residents,but only built eight. Sakmony is currently being held in pre-trial detention at Prey Sar prison,pending judicial investigation under Article 633 of the Cambodian Penal Code, which prohibitsmaking a “false declaration to a public body for the purpose of obtaining an allowance, apayment or any unlawful advantage.”

We are concerned that the legal actions being carried out against Bopha and Sakmony are in factmotivated by their involvement in land-related advocacy campaigns on behalf of the BoeungKak and Borei Keila communities. Their pre-trial detention is contrary to the InternationalCovenant on Civil and Political Rights, to which Cambodia is a party, which provides in article9(3) that detaining persons prior to trial should not be the general rule. The UN Human RightsCommittee has noted that pre-trial detention should be exceptional and only under specificcircumstances not applicable here. It is indicative of a broader government practice of using thelaw and judiciary to silence and punish human rights defenders, social activists and communityorganizers in Cambodia.

We strongly urge donors not to endorse and reward the actions of the RGC through a large-scaleinjection of new funds, but instead to make a coordinated and public condemnation of thegovernment’s increasing human rights abuses. Further international aid should ensure that thatdemocracy, the rule of law and human rights in Cambodia are strengthened. As it stands, theseare all demonstrably compromised. It must also be based on the achievement of concrete reformsin natural resource governance, in particular in the land sector, including the enforcement of themoratorium on Economic Land Concessions announced by RGC on 7th May 2012. Ensuring justoutcomes for the Sonando, Bopha and Sakmony trials is a start, and will set an importantprecedent for future cases and, more generally, the protection of human rights in the country.

Financial commitments made to the RGC should take into account the rights and freedoms of allCambodians, or they risk sending an implicit message of approval of the RGC’s actions. Werespectfully request the international donor community to take a path that reminds RGC of itsinternational obligations.

Thank you.Sincerely yours,

1. Asian Forum for Human Rights and Development (FORUM-ASIA)

2. Civil Rights Defenders

3. Dignity International

4. Freedom House

5. Global Witness

6. Human Rights Now

7. Human Rights Watch

8. The Observatory for the Protection of Human Rights Defenders – a joint programme of the

International Federation for Human Rights (FIDH) and the World Organisation Against Torture

(OMCT)