Violations of the right to freedom of peaceful assembly

KHM003 / 0712 / OBS 073

Violations of theright to freedom of peaceful assembly/ Threats

Cambodia

July 30, 2012

The Observatory for theProtection of Human Rights Defenders, a joint programme of the InternationalFederation for Human Rights (FIDH) and the World Organisation Against Torture(OMCT), requests your urgent intervention in the following situation in Cambodia.

Description of the situation:

The Observatory has beeninformed by reliable sources of the disruption by armed security forces of atraining workshop organised jointly by the Cambodian Human Rights andDevelopment Association (ADHOC) and the Cambodian Center for Human Rights(CCHR) on the issue of land rights.

According to theinformation received, on July 27, 2012, three commune police officers fromPatang, as well as one Rattanakiri provincial police officer, the PatangVillage Chief, the Patang Commune Chief and the Deputy Commune Chief – one ofthem carrying an M-16 assault rifle – disrupted a training session on landrights organised jointly by ADHOC and CCHR in Patang village, Patang commune,Rattanakiri province. The officials argued that they were acting upon ordersfrom the provincial authorities, because they had allegedly failed to satisfynotification requirements. It is to be noted however that under Article 3 ofthe Cambodian 2009 Law on Demonstrations, organisers are exempted fromnotification requirements for all educational/training activities related tosocial interests. Notwithstanding this exemption, the CCHR had sent a letter toPatang Village Chief in order to notify him of the upcoming training session.

In order to ensure thephysical safety of the attendees, ADHOC and CCHR decided to stop the trainingsession. As the security forces and provincial authorities departed, the PatangCommune Chief accused ADHOC of engaging in “incitement activities”, and thepolice officers told CCHR staff members that their security would not be guaranteedif they did not leave the area.

The Observatory expresses itsdeepest concern about the disruption of this training session on the issue ofland rights, as well as about the threats directed against ADHOC and CCHRrepresentatives, since they seem to merely aim at hindering their human rightsactivities. Violations of land and housing rights are widespread and serious inCambodia. Government harassment and intimidation of villagers, activists andorganisations defending these rights are also increasing. The Observatorytherefore calls upon the Cambodian authorities to put an end to all acts ofharassment against these organisations and their members.

Actions requested:

Please write to the Cambodianauthorities and ask them to:

i. Guarantee in all circumstances the physicaland psychological integrity of the members of ADHOC and CCHR, as well as all human rights defenders and their organisations inCambodia;

ii. Put an end to all acts of harassment againstADHOC and CCHR members as well as against all human rights defenders and theirorganisations in Cambodia;

iii. Conform with the provisions of the Declarationon Human Rights Defenders, adopted on December 9, 1998 by the United NationsGeneral Assembly, and in particular :

- Article 1, whichstates that “everyone has the right, individually or in association withothers, to promote the protection and realization of human rights andfundamental freedoms at the national and international levels”,

- and Article 12.2 which provides that “the Stateshall take all necessary measures to ensure the protection by the competentauthorities of everyone, individually and in association with others, againstany violence, threats, retaliation, de facto or de jure adverse discrimination,pressure or any other arbitrary action as a consequence of his or herlegitimate exercise of the rights referred to in the present Declaration”.

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Cambodia.

Addresses:

· Mr. Hun Sen, Prime Minister, Office of thePrime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 23 36 06 66 / 855 2388 06 24 (c/o Council of Ministers), Email: leewood_phu@nida.gov.kh

· Mr. H.E. Ang Vong Vathna, Minister ofJustice, No 240, Sothearos Blvd, Phnom Penh, Kingdom of Cambodia, Fax: 023364119. Email: moj@cambodia.gov.kh

· Mr. Sar Kheng, Deputy Prime Minister andMinister of Interior, Ministry of Interior, 275 Norodom Blvd, Phnom Penh,Kingdom of Cambodia, Fax: + 855 23 212708. Email: moi@interior.gov.kh

· Mr. Hor Nam Hong, Minister of ForeignAffairs, 161 Preah Sisowath Quay, Phnom Penh, Kingdom of Cambodia, Fax: + 85523 21 61 44 / + 855 23 21 69 39. Email: mfaicasean@bigpond.com.kh

· Ambassador Mr. Sun Suon, Permanent Missionof Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Case postale213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 788 77 74. Email: camemb.gva@mfa.gov.kh; cambodge@bluewin.ch

Please also write to thediplomatic representations of Cambodia in your respective countries.

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Paris-Geneva, July 30,2012

Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDHand OMCT venture, is dedicated to the protection of Human Rights Defenders andaims to offer them concrete support in their time of need.

To contact theObservatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Tel and fax FIDH: +33 (0) 143 55 25 18 / 01 43 55 18 80

· Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29