LIBRARY

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.

22 December 2020

The Siem Reap court today found two rappers, Kea Sokun and Long Putheara, guilty of incitement to commit a felony under Article 495 of the Criminal Code over songs they released addressing social issues. Sokun was sentenced to 1.5 years in prison, of which he must serve 1 year in prison with the remainder suspended. Putheara was sentenced to 5 months in prison, of which he must serve 3 months and 11 days in prison with the remainder suspended.

Sokun, who was 22 at the time of arrest, and Putheara, who was 17, were arrested in September and put into pre-trial detention over lyrics in rap songs they produced that were critical of the government’s response to social issues such as the economy and Cambodian border. The complaints against the two rappers were filed by the Ministry of Culture and Fine Arts.

18 December 2020

The Cambodian League for the Promotion and Defense of Human Rights (LICADHO) today is releasing “The Fight for Freedom: Attacks on Human Rights Defenders, 2018-2020”.“The Fight for Freedom” is not an exhaustive list of all attacks targeting human rights defenders since the beginning of 2018. Instead, it highlights a number of high-profile cases where human rights defenders have been targeted for intimidation, arrest or imprisonment while trying to peacefully exercise their rights to association, assembly and expression as guaranteed both in Cambodia’s constitution and under international law.

10 December 2020

Too often, women and children who are raped by a family member are being denied both the safety that they need and the justice that they are entitled to.

"The police told me not to tell anyone. I said, 'This happened, and you want to keep it a secret too?'"

More than a year after Seiha* reported being raped by her grandfather, he has still not been arrested for his crimes. And Seiha is far from alone.

18 November 2020

Two community representatives from Koh Kong province have been placed under judicial supervision as hundreds of community members from Sre Ambel district gathered outside the Koh Kong Court of First Instance to call for the charges against their representatives to be dropped. Both women face up to two years in prison if found guilty.

Phav Nheung and Seng Lin had appeared before an investigating judge on charges of defamation and incitement to disturb social security. The women, who will now have to report monthly to district police, appear when summoned by court authorities and will not be able to move house without the court’s permission, represent almost two hundred families who have had hundreds of hectares of vital farmland seized by the Heng Huy Agriculture Group since 2008 to make way for a sugar plantation.

Both representatives were the target of a complaint launched by former community representative Chhay Vy. Vy’s brother, the late commune chief, was accused by the three women in 2019 of having seized land for himself during the unresolved land dispute. Another woman, Khorn Phun, had also been summoned for questioning over defamation charges. However, judicial supervision is not applicable for this charge.

9 September 2020

We, the undersigned civil society groups, condemn the arrests of seven young activists over the past few days, and call for all charges against those imprisoned to be dropped immediately. We urge the government to end its campaign of fear and repression against peaceful youth and environmental human rights defenders, and ensure the rights of the Cambodian people to peacefully advocate for themselves, their families and their communities are respected.

6 September 2020

Authorities on Sunday charged three youth environmental activists with incitement and ordered them to pre-trial detention over the trio’s peaceful activism calling attention to the government’s filling in of Phnom Penh’s Boeung Tamok lake.

The three environmental activists - Thun Ratha, a 28-year-old man, Long Kunthea, a 22-year-old woman, and Phuong Keorasmey, a 19-year-old woman – are members of the Mother Nature Cambodia movement and were charged on Sunday over their organising of a planned peaceful march from Wat Phnom to Prime Minister Hun Sen’s house by Kunthea to express her concerns regarding the filling and construction inside Boeung Tamok.

4 September 2020

A 49-year-old woman was rushed to hospital this morning after being hurled to the ground by district security guards while peacefully calling for the release of her imprisoned husband.