LIBRARY

10 October 2022

Members of communities affected by land conflicts gathered across Cambodia in the weeks leading up to and following World Habitat Day to call on the government to ensure the right to adequate housing, and to call for a solution to their long-running land disputes.

7 October 2022

Son Chhay, vice president of the opposition Candlelight Party, was convicted of defamation in two cases by the Phnom Penh Municipal Court this afternoon following his public criticism of Cambodia’s June 2022 Commune Elections. He was ordered to pay 3 billion riel (about US$750,000) in compensation to the ruling Cambodian People’s Party (CPP) and two fines totalling 17 million riel (about US$4,250).

The CPP and the NEC filed separate criminal complaints against Chhay in June 2022, alleging that he damaged their reputations after he commented on the fairness of the election results in a media interview. Chhay had claimed that the NEC was controlled by one political party, and that there were irregularities before and during the elections, including intimidation and vote-buying and stealing.

Chhay was charged with defamation under Article 305 of the Criminal Code in August 2022 on the basis of both complaints. Following separate trial hearings, the municipal court announced its judgements related to both complaints this afternoon. Chhay was fined 8 million riel (about US$2,000) and 9 million riel (about US$2,250) in relation to the CPP’s and NEC’s complaints respectively. The judge further announced additional penalties under Article 310 of the Criminal Code, including that the judgements must be posted publicly at Chhay’s residence, his local commune office, the Phnom Penh Municipal Court and all polling stations in Phnom Penh for two months, as well as publicised through the media for eight days at Chhay’s expense.

29 September 2022

The Covid-19 Law, officially titled the Law on Preventive Measures Against the Spread of Covid-19 and Other Severe and Dangerous Contagious Diseases, was hurriedly passed on 11 March 2021 without consultation with civil society and other stakeholders, and took immediate effect. The law, reinforced by two hastily drafted sub-decrees on health and administrative measures, grants the government extraordinarily broad powers and discretion to significantly interfere with fundamental social, political and economic rights. There are inadequate provisions for independent oversight of authorities’ measures, and a lack of meaningful limits on the duration and scope of oppressive restrictions. Over half the text of the Covid-19 Law is devoted to penalties, including prison sentences of up to 20 years for vaguely phrased violations.

29 September 2022

Cambodia’s repressive Covid-19 Law has resulted in serious rights violations against human rights defenders, land rights demonstrators, unionists, and other citizens over the past year due to authorities’ discriminatory application of the law’s overly broad scope and powers, and the imposition of excessive penalties. Authorities can charge individuals under the law effectively at any time, despite decreasing case numbers. The potential misuse of the law to suppress criticism and fundamental freedoms is an ongoing threat, and serves as an example of harms caused by rushed legislation granting new, unfettered powers to the government.

14 September 2022

A study commissioned by the Federal Ministry for Economic Cooperation and Development (BMZ) provides further evidence of widespread over-indebtedness in Cambodia, resulting in an “alarmingly high” and “unacceptable” number of distressed land sales. The study’s findings indicate that more than 167,000 Cambodian households have had to sell land to repay loans over the past five years. FIAN as well as Cambodian NGOs LICADHO and Equitable Cambodia call on the German government and other donors of the microfinance sector to fulfil their responsibilities and take immediate and concrete action to address this untenable situation.

13 September 2022

The Phnom Penh Appeal Court this morning upheld the March 2022 convictions and prison sentences of 12 former Cambodia National Rescue Party (CNRP) members and one former Interior Ministry official on charges of plotting and incitement.

The case was one of several mass trials launched against former supporters and leaders of the CNRP since November 2020. It centred on alleged support for the “Cambodia National Rescue Movement” abroad and opinions regarding the government’s response to COVID-19 that were made in private online and phone chats and conversations.

The 13 individuals – Chhon Bunchhat, Long Phary, Khut Chroeb, Ngin Khean, Yim Sareth, Khoem Pheana, Thai Sokunthea, Keo Thai, Nhaem Van, Chum Chan, Sok Chantha, Peat Mab, and Sun Thun – were convicted on 17 March 2022 by Phnom Penh Municipal Court and sentenced to 5 years in prison, with a portion of their sentences suspended. The 13 men were detained throughout their trial in the lower court – some were held in detention for over two years – and all are currently serving their remaining sentences of 3 years and 8 months in prison. Last month, at least 12 of the convicted activists were transferred to remote Correctional Centre 3 prison in Tbong Khmum province, as part of a larger group of imprisoned CNRP activists transferred from Phnom Penh to the prison.

1 August 2022

Online money lending networks are targeting Cambodian women on Facebook and Telegram, trapping them into growing debts and extorting them using naked photographs and videos. Social media companies and Cambodian authorities are failing to act, allowing these predatory groups to exploit women with impunity.

In the last year, LICADHO has provided services to three women who have been harassed by informal online lenders. Each with similar experiences, the women first borrowed sums as small as $50 to pay for daily expenses or medical care from groups advertising on Facebook, but ended up being blackmailed and extorted after sending naked photographs and videos in an attempt to escape the cycle of debt.

10 July 2022

Civil society groups and political parties have gathered at multiple events to call for justice for Kem Ley and his family in recent days. Events and ceremonies were held in Phnom Penh and Takeo – Kem Ley’s home province – to mark the sixth anniversary of the political analyst’s murder.

About 70 unionists, youth activists and civil society members gathered this morning outside the Star Mart at the Caltex Bokor service station in central Phnom Penh where Kem Ley was shot dead while drinking his morning coffee on 10 July 2016. Participants laid flowers and held a monk blessing ceremony. The mart was shuttered as commemorators began to gather, while about 20 plainclothes security monitored the event.

Civil society groups continue to call for the establishment of a Commission of Inquiry, tasked with conducting an independent, impartial and effective investigation into Kem Ley’s death. The investigation into the killing was widely considered inadequate and failed to identify those beyond the shooter who may have been responsible for the murder.

8 July 2022

The Ratanakiri Provincial Court today convicted five forest activists, including long-time environmental defender Chhorn Phalla, for allegedly instigating damage to forestland to claim ownership of it on Phnom Art in Samot Kraom village, Seda commune, Lumphat district, Ratanakiri province.

Phalla was sentenced to six years in prison. Sithan Nhan, Kham Masok, Lat Branh and Tvae Hok, who are all Tampuon indigenous people, were sentenced to five years in prison. The charges relate to a meeting the five men attended in 2017 in an effort to protect their forests and land and raise awareness about illegal logging.

The five were convicted under Articles 56(4) and 62(1) of the Law on Natural Protected Areas and Article 28 of the Criminal Code. They were not initially charged as instigators, with the charge added as the judge read the verdict today. There was not sufficient evidence presented during the trial to support the charges.

21 June 2022

Recently elected Candlelight commune chief Nhem Sarom was arrested this afternoon and detained in Kampong Thom province for an alleged robbery committed twenty years ago. He is one of four opposition party commune chiefs nationwide who were elected in Cambodia’s commune elections earlier this month.

The alleged robbery occurred in 2002 and Sarom was charged five years later in 2007 under Article 6 of the Law on Aggravating Circumstances of Crimes. An arrest warrant was later issued in 2012. Sarom was convicted in absentia in 2014 alongside three others for allegedly stealing a generator and sentenced to 5 years in prison. The plaintiff had withdrawn her complaint prior to the conviction.

Sarom was elected less than a month ago to become the chief of the Chamna Leu commune council in Stung district, Kampong Thom province and was set to take the position following certification of the election results on 26 June. He previously served as a commune councillor in that commune in 2017 with the Cambodia National Rescue Party (CNRP) prior to the party’s dissolution, after which his seat was handed to the ruling Cambodian People’s Party (CPP).

15 June 2022

The Supreme Court this morning upheld the conviction of land community representative Hoeun Sineath from Tbong Khmum province. Sineath was convicted by the Tbong Khmum Provincial Court in December 2020 of intentionally causing damage with aggravating circumstances of acting as a co-perpetrator under Articles 410 and 411(1) of the Criminal Code. He was sentenced to two years in prison, a decision upheld by the Tbong Khmum Appeal Court in August 2021 and the Supreme Court this morning.

Multiple communities in Dambe district, Tbong Khmum province have faced a decade-long dispute over community farmland with Harmony Win Investment Co. Ltd., a Chinese-owned rubber company. Sineath, along with eight other villagers who are not in detention, were convicted after they protested the company blocking access to and clearing their land. Sineath was the only one to appeal the verdict to the Supreme Court. He has spent more than 1 year and 10 months in Tbong Khmum prison since his arrest in August 2020.

Sineath was also convicted in a separate case following his arrest. In that case, he was convicted alongside 14 other people for obstructing public officials with aggravating circumstances under Articles 503 and 504 of the Criminal Code after they filmed authorities implementing a court order related to the disputed land. He was sentenced to spend one year in prison and fined 1 million riel (US$250). The other 14 people received fully suspended six-month sentences. Sineath has also appealed that case to the Supreme Court, with proceedings ongoing.

23 May 2022

The Phnom Penh Appeal Court this morning upheld the baseless September 2018 convictions of four current and former ADHOC staffers - Ny Sokha, Nay Vanda, Yi Soksan, and Lim Mony - and National Election Committee official Ny Chakrya, all of whom were previously imprisoned and convicted on spurious charges of bribery.

Sokha, Vanda, Soksan, and Mony were convicted on 26 September 2018 for bribery of a witness under Article 548 of the Criminal Code. Chakrya, who was serving as deputy secretary-general of the National Election Committee at the time of his arrest, was convicted as an accomplice to bribery of a witness under Articles 29 and 548 of the Criminal Code. The arrests came during a broader crackdown on civil society and the political opposition in Cambodia. All five human rights defenders served 14 months in pre-trial detention before being released on bail in June 2017, and were later sentenced to five years in prison with the remaining time suspended.

Both the defendants and the prosecutor filed appeals, with the defendants seeking to be exonerated and the prosecutor appealing to have the five human rights defenders serve the full five years in prison. The Appeal Court rejected both appeals, upholding the original convictions and suspended sentences of all five defendants.

1 May 2022

Several events were organised by labour unions and civil society organisations to celebrate International Labour Day 2022 in Phnom Penh on Sunday. There are approximately one thousand of workers participating in this morning celebration.

25 March 2022

Authorities have alarmingly escalated the use of violence and mass detention of union members in front of NagaWorld casino in recent weeks, as well as increasing restrictions placed on human rights monitors and journalists covering the authorities’ worsening crackdown. We, the undersigned civil society groups, urge the government to de-escalate the situation and stop the repeated intimidation of strikers, including driving them to various areas far from the city center and leaving them stranded there late at night.

We are concerned by recent actions from authorities prohibiting human rights monitors and journalists from observing the continued use of violence against peaceful strikers, most of whom are women. On multiple occasions, authorities have barred human rights monitors and journalists from taking photographs or standing near the site of these heavy-handed detentions. Journalists have been threatened with arrest for covering the strike, and in several cases authorities have pushed monitors and journalists away as authorities violently drag strikers onto buses. They have also threatened to detain monitors alongside strikers at Covid-19 quarantine centers.

8 March 2022

More than 3,000 people joined events to celebrate International Women’s Day 2022 across 12 provinces and the capital Phnom Penh. Communities, farmers, unionists, informal workers, land activists, youth, civil society members and others joined events and shared speeches about challenges faced by women in their communities. They spoke out for imprisoned unionists to be released, for an end to gender based violence and discrimination, for women to be able to enjoy their rights to expression and assembly, and more. Many communities also marched, released balloons, led question and answer sessions, and shared solidarity lunches.

While most events were celebrated on 8 March, communities began celebration on 6 March and two further events are planned in Banteay Meanchey and Preah Vihear provinces. In Pursat province, an event was cancelled following threats and intimidation by commune authorities and a district governor.

8 March 2022

Women unionists have faced targeted harassment in an attempt to intimidate them into stopping their strike. LICADHO is releasing a video featuring several of these brave women to mark International Women’s Day.

24 February 2022

We, the undersigned civil society groups, communities and trade unions, are dismayed by recent incidents of state-sponsored violence, including sexual harassment, against Cambodian women engaged in peaceful strikes and assemblies. Members of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) – most of whom are women – have been subjected to violence, imprisonment, and arbitrary application of COVID-19 measures in response to their peaceful strike since December 2021.

Authorities have repeatedly pushed, dragged and carried peaceful strikers onto buses to take them to a COVID-19 quarantine centre in Prek Phnov district, Phnom Penh this week. On 22 February 2022, a male officer grabbed and squeezed the breast of one woman as she was being forced onto a bus. Similarly, on 29 December 2021, state authorities used vulgar sexual language toward a striker and threatened to sexually assault her.

10 February 2022

We, the undersigned civil society groups, trade unions and communities are extremely disappointed and concerned over the conviction of Mr. Chhorn Phalla, who was sentenced to five years imprisonment by the Ratanakiri Provincial Court on 10 November 2021 after a hearing on 29 September 2021. During that hearing the prosecutor changed the charge against Chhorn Phalla from “fell trees, encroached and cleared forest land, set forest fire, and bulldozed forestlands to claim ownership” under Article 62 of the Law on Natural Protected Areas to “clear forestland and enclose it to claim for ownership” under Article 97 (6) of the Law on Forestry, without substantial evidence to support this change. The change of the charges violated Chhorn Phalla’s fair trial rights, as it affected his right to have adequate time to prepare his defense. The court nevertheless convicted Chhorn Phalla under the new charges and sentenced him to five years imprisonment. During the trial, witnesses stated that Chhorn Phalla did not clear forestland and enclosed it to claim for ownership. Chhorn Phalla himself confirmed that he does not own any piece of land in that area.

9 February 2022

Three more unionists from the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) were charged on Wednesday with obstructing authorities’ health measures and sent to pre-trial detention in Phnom Penh’s PJ prison. Deputy prosecutor Seng Heang has also issued an “order to bring” for four additional LRSU unionists, which compels authorities to forcibly take them in for questioning.

Choub Channath, Sao Sambath and Seng Vannarith were charged under Article 11 of the Covid-19 law, with authorities accusing them of obstruction of enforcement measures. The charges carry between six months and three years in prison and a fine of up to 10 million riel – though the penalty increases to between two and five years in prison and a fine of up to 20 million riel if the act leads to Covid-19 infections or has “serious impact” on public health.

The three men were arrested on Saturday around 7:30 pm as they were leaving a Koh Pich Covid-19 testing site in a tuk-tuk. Earlier that day, the government ordered LRSU strikers into buses to go to the testing center and take multiple Covid tests. Strikers had complied with the order, including the three detained individuals who had all tested negative. A total of six people were arrested that evening, but three were later released.

7 February 2022

LICADHO staff support and show solidarity with employees of NagaWorld by calling for the immediate and unconditional release of eight unjustly imprisoned union representatives. We also call on NagaWorld to enter negotiations to address and end this labour dispute peacefully and reinstate the 365 employees, as well as stop all harassment against the union. Joining a union and peaceful strikes are not crimes.