LIBRARY

11 July 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) is very worried about the fact that persons from within or close to the Cambodian government are using Article 62 of the UNTAC law on "disinformation" against journalists who criticized them. The recent complaint against two Cambodian journalists have been filed only a few weeks after that the National Assembly has taken the prison terms out of Article 63 of the UNTAC law on criminal defamation recently. The AFEC is afraid that there was no change of attitude behind this minor legal reform.

10 July 2006

On July 6, 2006, more than 250 family members, villagers from Sambok Chab, NGOs workers and union workers gathered in front of Prey Sar prison to demand the immediate and unconditional release of three detainees. The three had been arrested and detained in relation to the Sambok Chap village eviction which ended on June 6, 2006 in an excessive display of force by the authorities. The event was organized by several NGOs and was initiated by the Alliance for Freedom of Expression in Cambodia (AFEC).

12 May 2006

On 5 May 2006 more than 50 representatives of Cambodian and international Human Rights NGOs gathered to launch a report prepared by the International Federation for Human Rights (FIDH) with the active participation of the Cambodian Association for Human Rights and Development (ADHOC) on the implementation of the Statute of the International Criminal Court (ICC), ratified by Cambodia on 11 April 2002.

NGOs endorsed the recommendations contained in the Report on "ICC - Adaptation of Cambodian Law to the Rome Statute".

The ICC is the first permanent international criminal court with jurisdiction over genocide, crimes against humanity and war crimes committed by nationals or on the territory of State Parties after 1 July 2002. Cambodia is one of the only Asian States to be a party to this historic institution.

2 May 2006

The members of the Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 NGOs, welcome the news that the Supreme Council of the Magistracy will this week select the judges and prosecutors for the Extraordinary Chambers in the Court of Cambodia (ECCC).

This is a very important decision and will have important implications for the future of Cambodia and Cambodians. The efficient conduct of the trials in accordance with the principles of international law will further enhance Cambodia's international reputation. Trials, open to the public, will also help Cambodians to move on from the long period of civil conflict which included the Khmer Rouge period. By participating in the Tribunal judges, prosecutors and lawyers will gain valuable experience and skills, which will help them to participate in the implementation of the Government's legal and judicial reform program.

1 March 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGO members, welcomes this week's first meeting for 2006 of the Government-Donor Coordination Committee as a key opportunity to reflect upon the progress made in 2005 to achieve the benchmarks set by the Royal Government of Cambodia and Consultative Group and also to set out the indicators to measure progress for 2006.

CHRAC notes that the Royal Government of Cambodia has made some efforts in 2005 to progress its Strategy for Legal and Judicial Reform with the further development and launch mid-year of its Action Plan. However, we observe that the eight fundamental laws, identified in the CG benchmarks for December 2004 as essential to strengthening the rule of law, have not been passed.

26 February 2006

During 2005, the Cambodian Government did not demonstrate satisfactory progress toward legal and judicial reform, and hence failed in its stated aim of strengthening the rule of law in Cambodia. The concept of 'rule of law' prevails where (i) the government itself is bound by the law, (ii) every person is treated equally under the law, (iii) the human dignity of each individual is recognized and protected by the law and (iv) justice is accessible to all. This widely accepted legal principle is intended to safeguard against arbitrary rulings and misuse of power, and is vital to the healthy functioning of a viable democratic Government and State.

The Government has had the entire year of 2005 to take action on agreements made during the December 2004 Consultative Group (CG) meeting. Yet the initiatives taken by the Government were disappointing. The minimal efforts made towards creating a healthy legal system that promotes liberal democracy and human rights were heavily outweighed by the retrograde steps that saw freedom of expression curtailed and government critics imprisoned

17 February 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 local NGOs, welcomes and supports the announcement to review decriminalization defamation in the draft Penal Code by the head of the Royal Government in Kandal province on 14 February 2006 further to public appeals made by civil society including CHRAC members.

CHRAC acknowledges that the proposed plan to change defamation from a criminal offense to a civil offense shows the Government's willingness to urge and motivate citizens and civil society organizations to fully express their views in a democratic way as guaranteed by the Constitution of the Kingdom of Cambodia. However, this announcement is only the first step.

6 February 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGO members, welcomes the Royal pardons granted to Sam Rainsy, president of Sam Rainsy Party (SRP), and the SRP parliamentarian Cheam Channy by His Majesty King Norodom Sihamoni on 5th February 2006.

CHRAC welcomes the peaceful settlement of the dispute between important Cambodian political figures is a positive act showing their mutual respect and putting the interests of the nation and the people first.

1 February 2006

The Alliance for Freedom of Expression in Cambodia (AFEC), a coalition of 27 member organizations, would like to express its deepest gratitude to all individuals, local and international NGOs, embassies, governments and international institutions who joined the recent struggle for Freedom of Expression in Cambodia. This timely and vehement support has constituted an effective influence on the Royal Government of Cambodia that led to the release on bail of five arrested individuals: journalist and radio manager Mam Sonando, unionist Rong Chhun and the NGO leaders Kem Sokha, Yeng Virak and Pa Nguon Teang.

AFEC regrets that the right to Freedom of Expression of civil rights activists has been violated. Therefore, AFEC welcomes that the Government withdraws its complaints against the above-mentioned persons, and urges that similar complaints against other individuals in Cambodia and abroad, namely Ear Channa, Men Nath, Chea Mony, Prince Sisowath Thomico, and Say Bory are also withdrawn. AFEC further hopes that all criminal defamation charges will be dropped speedily by the Phnom Penh Municipal Court.

26 January 2006

The Asian Forum for Human Rights and Development (FORUM-ASIA), a membership-based regional organization holding a consultative status with the UN ECOSOC, and in accord with its Cambodian member organizations ADHOC and LICADHO, welcomes the resolution of IPU on Mr. Cheam Channy, Member of National Assembly of Cambodia, adopted on October 19, 2005. However, we would like to express our deep concerns and draw your attention to continuing human rights violations of Members of Parliament of Cambodia and to comment on the IPU Resolution.

17 January 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGO members, welcomes the release on bail of Mam Sonando, Rong Chhun, Kem Sokha and Pa Nguon Teang, which follows the similar release last week of Yeng Virak. We are pleased that all of them have been temporarily freed from prison and are able to be reunited with their families.

We hope that this positive and encouraging news will be followed by the withdrawal of the criminal complaints against these five men and other individuals by the government, and the dropping of all charges against them by the Phnom Penh Municipal Court. Such an action would be a further significant step toward ensuring the protection of freedom of expression, other human rights and future economic development in Cambodia.

12 January 2006

An independent United Nations body has ruled that the detention of Sam Rainsy Party MP Cheam Channy is in violation of both Cambodian and international law.

In a decision communicated to the Cambodian government on 25 November 2005 and now made public, the UN Working Group on Arbitrary Detention (WGAD) found that the Cambodian Military Court had no jurisdiction over Cheam Channy, a civilian and Member of Parliament for Kampong Cham province.

12 January 2006

We, the under-signed members of Cambodian NGOs and civil society, deeply regret the arrest and detention of Cambodian Center for Human Rights president Kem Sokha, Community Legal Education Center director Yeng Virak, and Cambodian Center for Human Rights deputy president Pa Nguon Teang, on charges of defamation.

The arrests relate to the celebrations held in Phnom Penh to mark International Human Rights Day on December 10, 2005, which were attended by more than 10,000 people. This rare and important event was authorized by the government and organized by NGOs and other civil society organizations. The authorization and support for this mass gathering of people seemed to be a positive step to promote human rights in Cambodia. Therefore, we are deeply disappointed by the subsequent arrests of Kem Sokha, Yeng Virak, and Pa Nguon Teang, which have created fear within civil society and the public, restricted freedom of expression, and set back human rights in Cambodia.

30 November 2005

"(...)I urge the Royal Government of Cambodia to follow the United Nation's example and release the names of the Cambodian candidates under consideration and the selection criteria far enough in advance of the final decision. This would allow civil society organizations and international community to comment on the Cambodian candidates. By doing so, the government will improve the credibility and transparency of the selection process. Even if civil society finds no new information about the candidates, the government will strengthen public confidence in the process by allowing civil society participation. Moreover, civil society might turn up new information - after all, when looking for something, many pairs of eyes are better than one pair of eyes. This too would strengthen the selection process.(...)"

Open letter by Dr. Kek Galabru, President of LICADHO

25 November 2005

(...) Making the criteria for selection and the list of recommended candidates public prior to final appointment are important steps to increase public participation and confidence in the outcome of the tribunal. In addition, publicizing the criteria and the candidates under consideration decreases the risk that the public will view the selection process as the result of political influence. The appointment of fair, impartial, independent, and experienced judges to the Extraordinary Chambers is critical to ensuring that the Extraordinary Chambers operates independently and consistently with international standards.

21 October 2005

On 11 October, 2005 at approximately 7 am, Mr Mam Sonando, director of Beehive Radio FM 105, was removed from his house in Kean Svay Districtm Kandal Province. He was arrested without warrant by Kandal Police and was witnessed by media representatives and NGO workers.

On the same morning Mr Mam Sonando was brought before the Phnom Penh Municipal Court where he was charged with defamation under Article 63 of the UNTAC Law. The charges related to the broadcasting on 20 September 2005 of a radio interview between Mr Mam Sonando and Mr Sean Pengse, the former President of the Paris-based Cambodia's Border Committee.

19 September 2005

After receiving on 8 August 2005 the draft Law on Anti-Corruption dated 30 June 2005, civil society organizations have analyzed and found that, though the current draft has more comprehensive corruption related offence provisions than the earlier draft with a clearer role to the Secretary General to enforce the law, and includes a Chapter on international cooperation, it is necessary that some more improvements be made to the draft to meet international standards as committed by the Royal Government during the CG meeting with international donors in December 2004.

Therefore, we, the Civil Society Organizations against Corruption, would like to make some recommendations and would like to ask that the government carefully review the draft and incorporate into the draft the following important items:

24 August 2005

The members of the Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGO members, is concerned about the lack of information concerning the process through which judges will be selected by the Royal Government of Cambodia. The government has not released a list of the candidates to be considered, the criteria by which they will be evaluated, or information about the process and timeframe for recruitment and selection. CHRAC respectfully asks the Government's Khmer Rouge Trials Task Force to make this information public, in order to strengthen this critical process.

17 August 2005

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGOs, would like to express its dissatisfaction with the Battambang Provincial Court for dropping charges against 128 police, military police and civilians accused of killing five villagers and injuring eight others during a forced eviction on March 21, 2005 in Kbal Spean Village, Poipet Commune, O' Chrov District, Banteay Meanchey Province. Victims sustained extensive property damage during the eviction.

9 August 2005

On Tuesday morning August 9, Military Court Judge General Nay Thol sentenced opposition Law maker Cheam Channy to 7 years Imprisonment on charges of organizing illegal armed forces and committing fraud, despite lack of credible testimony or evidence to back up charges.

LICADHO condemns the August 8 trial of Cheam Channy, a parliamentarian for the Sam Rainsy Party, which should not have been held in the Military Court. The Military Court does not have jurisdiction over civilians such as Cheam Channy. LICADHO is also deeply concerned by the grossly unfair treatment of Cheam Channy during the course of the trial.