LIBRARY

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.

20 December 2021

We, as civil society organisations, trade union federations, confederations and associations working to promote and protect labour and human rights in Cambodia express our firm solidarity with striking employees at NagaWorld Limited who are currently exercising their fundamental rights to peacefully strike according to the Labour Law, the Law on Trade Unions and their statutes previously registered with the Ministry of Labour and Vocational Training. We are extremely disappointed with the provisional disposition issued by the Phnom Penh Court of First Instance on 16 December 2021 which declared this strike to be illegal and call on NagaWorld to engage with its employees and their representatives directly and in good faith to resolve this dispute.

24 November 2021

We the undersigned civil society groups welcome the release of more than 27 wrongfully imprisoned and unjustly convicted activists from prison in recent days and celebrate the fact that they are reunited with their families. However, many of these activists continue to face criminal charges or remain under judicial supervision with onerous conditions as a result of exercising their rights to freedom of expression, association, and peaceful assembly. No action has been taken to reform the laws and systems that led to their persecution and which have destroyed the space for activism and political participation in Cambodia.

Considering that many of the activists have been released on bail or remain subject to probation for several years following a suspended sentence, they are no longer able to undertake their work to defend human rights or the environment, speak out against injustices, or participate in political life without fear of arrest. Such releases also do not remedy the fact that the activists were wrongfully convicted and that many were detained for over one year in overcrowded prisons that one activist described as “hell”.

8 November 2021

Three Mother Nature activists who recently had portions of their “incitement” prison sentences suspended remain in pre-trial detention due to a judge’s order related to charges of plotting in a separate case.

This detention comes despite the decision of the Phnom Penh Appeal Court on Friday to suspend parts of their prison sentences in an incitement case. The three activists —Thun Ratha, Long Kunthea and Phuon Keoraksmey — were convicted on charges of incitement under Articles 494 and 495 of the Criminal Code in May 2021 and sentenced to between 18 and 20 months in prison. The Phnom Penh Appeal Court suspended up to six months of their sentences on 5 November, which would have made them eligible for release from prison this month, as they have already been detained since their arrest in September 2020.

However, the activists continue to be held in pre-trial detention due to a second case, with an order issued by the investigating judge at the Phnom Penh Municipal Court on 22 July 2021 in connection with additional plotting charges that were filed against the three activists in July 2021 under Article 453 of the Criminal Code. Three additional activists who are charged in that case also remain in pre-trial detention. Ratha, Kunthea and Keoraksmey, who were 28, 22 and 19 years old at the time of their arrest, were first arrested over their planning of a one-woman march to the prime minister’s house to discuss the filling in of the capital’s Boeung Tamok lake.

1 November 2021

This morning the Phnom Penh Municipal Court sentenced a 16-year-old boy with autism spectrum disorder to eight months in prison over content he shared on Facebook and Telegram. The child, the son of a detained political opposition member and an activist, was convicted of incitement and insult of public officials under Articles 494, 495 and 502 of the Criminal Code. He will serve four months and 15 days in prison, with the remainder of the sentence suspended.

The child is due to be released from prison this month but he will remain under probation for two additional years, during which time he will be required to appear before the court whenever summoned; inform the court if he changes address; and obtain permission to leave the country, among other conditions.

The trial hearing was open to the public and this morning monitors were permitted to enter the courtroom in which the child was present. Monitors were then ordered to leave the courtroom before the verdict was read. When leaving the courtroom after the verdict announcement, his mother was escorted out of the court building by officials as she attempted to inform monitors and the media who were waiting outside the courtroom about the verdict.

26 October 2021

The Phnom Penh Municipal Court today sentenced 10 currently detained political, social and youth activists to 20 months in prison and fined them 2 million riel each ($500) over charges of incitement under Articles 494 and 495 of the Criminal Code. They each must serve from 14 to 15 months in prison, with the remainder of their sentences suspended. The 10 activists, already detained for over one year, are each due to be released from prison in November 2021, however they were placed under probation for two additional years, requiring them to alert the court if they move, change jobs or want to leave the country, among other conditions. Four additional individuals were also sentenced in absentia.

The sentenced social and youth activists, many of whom were part of the Khmer Thavrak movement, include Chhoeun Daravy, Hun Vannak, Mean Prummony, Koet Saray, Tha Lavy, Moung Sopheak, and Eng Malai. Daravy and Vannak were each sentenced to serve 15 months in prison, while the others must serve 14 months. They were arrested in August and September 2020 in relation to their peaceful gatherings around the court to call for the release of jailed union leader Rong Chhun, who remains in prison after being convicted of incitement on 18 August 2021.

The trial mostly consisted of the activists being asked if they had obtained prior permission to gather, and if they had someone from outside the country encouraging or paying them to engage in the peaceful calls for Rong Chhun’s release. In their closing statements, many of the activists noted that they had only engaged in peaceful demonstrations, that the conditions in Cambodia’s overcrowded prisons were difficult, and that the trial lacked justice.

13 October 2021

The Phnom Penh Municipal Court indefinitely delayed the scheduled reading of a verdict in a case involving a 16-year-old child who is the son of a jailed former political opposition member, giving the reason that the judge in the case was “busy”.

The child, whose mother says has autism spectrum disorder, was charged with incitement and insult of public officials after being arrested on 24 June 2021. Evidence in the case included messages sent over Telegram. The charges under Articles 494, 495 and 502 of the Criminal Code carry a maximum of two years in prison as well as fines.

The child was previously denied release under court supervision on 3 August 2021 and has now been detained 111 days without access to his family. He was previously the target of violent attacks, including an incident in April 2021 when a brick was thrown at his head, requiring stitches.

28 August 2021

Two land community representatives in Svay Rieng province were sent to pre-trial detention today on charges of disobeying administrative measures and obstructing against the implementation of prevention measures, under Articles 10 and 11 of the recently passed Covid Law, which carry up to 5 years in prison and a fine of up to 20 million riels each.

Ms. Yous Sophorn and Ms. En Soth, two representatives from Samaki Chek Meas community in Svay Chrum district, were summonsed by provincial police on Friday morning and were arrested after arriving at the police station. The summons related to a community protest in a rice field involving more than 100 villagers that took place on 2 August 2021, during which authorities accused the two women of not following proper health measures and fined them 2 million riels each. The Svay Chrum district governor told local media at the time that if the women did not pay the fine within one month, they would face additional legal measures.

UN experts in April raised concerns about the “excessive prison sentences and fines” in the government’s Law on Preventive Measures Against the Spread of Covid-19 and other Severe and Dangerous Contagious Diseases, or the Covid Law, which was hastily passed and enacted without proper consultations in March 2021.

18 August 2021

The Phnom Penh Municipal Court this morning sentenced Rong Chhun to 24 months in prison and activists Sar Kanika and Ton Nimol to 20 months in prison on charges of incitement under Articles 494 and 495 of the criminal code. The activists were each ordered to pay 2 million riel ($500) in fines, as well as jointly pay 400 million riel ($100,000) in damages.

Chhun, a longtime unionist and labour rights activist, was arrested in July 2020 over comments he made regarding the Cambodia-Vietnam border. Kanika was arrested the following month during a peaceful protest calling for Chhun’s release. Nimol, a former commune election candidate for the CNRP, was arrested in October that year during a rally in front of the Chinese Embassy. All three have been imprisoned in pre-trial detention since their arrest.

Nineteen activists, artists and human rights defenders were arrested in the month and a half following Chhun’s arrest, with many also facing charges of incitement, which carries up to two years in prison. At least 24 human rights defenders are currently in prison for exercising their rights.

21 July 2021

Three jailed Mother Nature environmental activists who were arrested in September 2020 and convicted in May 2021 on charges of incitement have now been charged with plotting by the Phnom Penh Municipal Court in relation to a case involving four fellow activists from June 2021.

Thun Ratha, Phuon Keoraksmey and Long Kunthea were convicted on an incitement charge and sentenced to between 18 and 20 months and are currently in prison. They were questioned by an investigating judge this week in relation to plotting charges and face up to ten years in prison if convicted. The lawyers who previously represented them were not made aware of their transfer from prison for questioning and were not present during the interviews.

Plotting charges were filed in June 2021 against four Mother Nature activists – Sun Ratha, Ly Chandaravuth, Yim Leanghy and Alejandro Gonzalez-Davidson - as well as the additional charge of insulting the king. Spanish national Gonzalez-Davidson was charged in absentia, while the three activists were arrested and are currently in pre-trial detention. The activists face up to 10 years in prison if convicted.

9 July 2021

Today, in advance of the fifth anniversary of the unlawful killing of prominent political commentator and human rights defender Kem Ley, the 45 undersigned organizations reiterate their call for the Cambodian authorities to create an independent Commission of Inquiry tasked with conducting an independent, impartial and effective investigation into Kem Ley’s death.

22 June 2021

The Phnom Penh Municipal Court on Sunday charged four members of the Mother Nature environmental movement with plotting an attack against the state and insulting the king, part of the targeted and outrageous persecution of frontline environmental defenders and grassroots activists by the government. Authorities should stop imprisoning and start listening to our youth activists who are on the front line of documenting the risks Cambodia faces from natural resource exploitation and environmental degradation. These activists are tirelessly and selflessly working for the nation’s best interests.

We, the undersigned communities and civil society groups, demand the immediate release of the arrested environmental activists, dropping of all charges, and a halt to the relentless repression and prosecution of the environmental movement.

4 June 2021

Bangkok, Paris, Phnom Penh: On the occasion of the one-year anniversary of the enforced disappearance of Thai activist Wanchalearm Satsaksit, our organizations reiterate our call on the government of Cambodia to determine his fate or whereabouts and deliver justice to his family. We also call on Thai authorities to fully cooperate with their Cambodian counterparts in the search for Wanchalearm and to actively assist Wanchalearm’s family members in their quest for justice.

One year after Wanchalearm’s enforced disappearance, his fate and whereabouts remain unknown. Several United Nations (UN) human rights monitoring bodies have repeatedly called on the Cambodian government to search and locate Wanchalearm. Despite its pledge to find out the truth about Wanchalearm’s “alleged abduction,” the Cambodian government has failed to undertake a prompt, thorough, and impartial investigation into his disappearance.

12 May 2021

As stated above, we, the undersigned people and civil society organizations working to promote women’s human rights and gender equality in the Kingdom of Cambodia are dismayed that relevant authorities failed to take proper and effective measures in accordance with legal principles in cases of sexual gender-based violence and sexual harassment. As a result, justice has not yet been delivered to the victims and survivors. This has seriously impacted the effectiveness of law enforcement in the Kingdom of Cambodia, and serves as a breeding ground for increased violence and sexual harassment against women and girls. The measures taken so far to dismiss and demote powerful officials from their positions do not provide justice for women survivors, and only reinforce the culture of impunity. Perpetrators of domestic violence, sexual harassment and attempted rape must be punished according to the law. It is already distressing that a woman has to live with the harm caused by gender-based violence. When she comes forward and speaks out about those experiences, with the only purpose being to seek justice for herself and other women and girls, she must be supported.