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Laws / Regulations

Statement | New Penal Code a Setback for Freedom of Expression Issues

9 December 2010

In summer 2010, UN High Commissioner for Human Rights Navi Pillay provoked strong condemnation from the Cambodian government when she criticized the judiciary's and ling of cases involving opposition politicians Mu Sochua and Sam Rainsy.

As of Dec. 10, 2010, the same criticism could make her a criminal in Cambodia.

Under Article 523 of the Penal Code, which comes into effect tomorrow, any person who criticizes a "judicial act or decision" aiming to "endanger Cambodian institutions" can be sentenced to up to six months imprisonment and 1 million riel fine.

The provision is one among several problematic provisions highlighted by LICADHO in a brief analysis of new penal code sections which may potentially affect freedom of expression in Cambodia. The nalysis is being released to mark the official enactment of the code, which coincidentally falls on International Human Rights Day.

Briefing | Draft Law on Associations & NGOs: Cambodian Civil Society under Threat

4 December 2010

The recently-released draft Law on Associations and Non-Governmental Organizations confirms long-standing fears that the government's desire for such a law is in order to control, rather than promote and strengthen, civil society. The draft law - which falls far short of meeting international standards for laws on the non-profit sector - constitutes the most serious threat to civil society in Cambodia in years. While this threat may appear to be most acute for human rights defenders, it has serious negative implications for community development and democratic participation on a broader scale.

Upon cursory examination, the draft law might appear to be positive in that it omits some draconian provisions which had been mooted by the government in the past. However, the law remains - in letter and in spirit - extremely pernicious to civil society.

Article | Cambodia Monthly News Summary - October 2010

1 November 2010

* Cambodia Still Ranking Low on Corruption Index * UN Secretary General Ban Ki-moon Visits Cambodia

Article | Cambodia Monthly News Summary - June 2010

1 July 2010

* Supreme Court Trial Upholds Defamation Verdict Against Opposition MP Mu Sochua * Donors Pledge $1.1 Billion in Aid at 2010 Cambodia Development Cooperation Forum * Government Appoints National Anti-Corruption Council * UN Special Rapporteur on Human Rights Makes Third Visit to Cambodia

Article | Cambodia Monthly News Summary

1 April 2010

* Report on Rape in Cambodia * Anti-Corruption Law Adopted * Royal Government of Cambodia Accepts Recommendation from UN Human Rights Council * Land Grabbing Protest Forces Release of Arrested Community Representatives

Statement | Joint Statement by Coalition of Cambodian Civil Society Organizations on Draft Anti-Corruption Law

11 March 2010

Although the Coalition of Cambodian Civil Society Organizations (hereafter “the Coalition”),comprised of more than 200 local NGOs and Associations, only received a copy of the current Draft of the Anti-Corruption Law “hereafter “the Draft” at the last minute, the Coalition have made a concerted effort to provide several key comments on the Draft in its previous joint statement issued on March 09, 2010 on the eve of the National Assembly Session convened to debate the Law.

The joint and several efforts of the Coalition are aimed at ensuring that the proposed law is good and that it is able to adequately serve Cambodian society and the people well into the new decade through various radio talk shows, press conferences, and the submission of a letter attached to our previous joint statement, requested that the parliamentary debate and adoption of the draft law be deferred until a later date to allow for more time and scope for public input into the discussion now before the National Assembly.

Article | Cambodia Monthly News Summary

1 March 2010

* Human Rights Defenders Acquitted of Disinformation * Cambodian Government Formalizes Private Sector Patronage System of Royal Cambodian Armed Forces (RCAF)

Statement | Cambodia’s First Universal Periodic Review: A Lengthy List of Human Rights Challenges Ahead for the Country Hiding behind the ‘Retrospective of the Past’

2 December 2009

The first Universal Periodic Review (UPR) on Cambodia was conducted by the UN Human Rights Council in its Working Group session held on Tuesday 1 December 2009 at the Palais des Nations in Geneva, Switzerland. The UPR is a new mechanism that allows a review of the human rights records of all 192 UN member States once every four years. During the 3-hour proceedings of yesterday, the Cambodian delegation led by Mr. Ith Rady, Secretary of State of the Ministry of Justice together with Ambassador Sun Suon of the Permanent Representative of Cambodia to the UN in Geneva, presented the achievements and developments with regard to the human rights situation in the country, extensively focusing on its poverty reduction strategies and plans in particular. The Cambodian delegation, however, attempted much to emphasise ‘its own historical and socioeconomic context’ as a least developed country in a post-conflict setting, rather than recognising the reality of its human rights challenges in a frank and substantive manner.

Briefing | Is an NGO Law in Cambodia Justified?

1 June 2009

In recent years, senior Cambodian government officials including Prime Minister Hun Sen have stated the government's wish is to have a Law on Associations and Non-Governmental Organizations, commonly referred to as the “NGO Law”. In late September 2008, the Prime Minister announced that the NGO Law would be one of three priority laws to be completed.

But while these officials have claimed a need to address crime and corruption on the part of NGOs, a brief examination of the reasons they put forward suggests that the reverse is actually true - in reality, this proposed legislation is intended to restrict the lawful activities of Cambodian civil society organizations.

Briefing | The Proposed NGO Law and Crackdowns on Human Rights Defenders

1 November 2008

In the Cambodian context any NGO law - regardless of its particular content - poses a threat to the work of human rights defenders and other NGOs. While human rights defenders are most at risk because of their role in continually criticizing government actions, the objectives of all NGOs and development agents - both foreign and domestic - can be compromised. And government claims that NGO Laws are enacted to promote legitimate and effective civil societies are rarely borne out.

This briefing paper discusses experiences with NGO Laws in other countries and includes a power point presentation of the briefing paper.

Statement | Staff of FM Radio Ta Prohm threatened and replaced after criticizing Prime Minister

23 October 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) is deeply concerned about forceful removal of the General Manager Noranarith Anandayath and other staff of the radio station Ta Prohm FM 90.5 on October 19, 2006.

Noranarith Anandayath was formerly the Cabinet chief of Prince Norodom Ranariddh who had been ousted as Funcinpec President at an extraordinary party congress on Wednesday, October 18, which was staged by Funcinpec's Secretary-General Nhiek Bun Chay in a coup-like manner. Already on Tuesday at 2:30pm, four armed body guards of Nhiek Bun Chay had taken control of the office of the radio station in Phnom Penh.

Briefing | NGO Laws & Crackdowns on Human Rights Defenders: International Lessons for Cambodia

14 September 2006

In the Cambodian context, any NGO law - regardless of its particular content - poses a threat to the work of human rights defenders and other NGOs. While human rights defenders are most at risk because of their role in criticizing government actions, the objectives of all NGOs and development agents - both foreign and domestic - can be compromised.

This paper highlights the experience of six Asian countries with laws similar to the proposed Cambodian NGO law is outlined below.

Presentation | Human Rights in Cambodia Presentation 2006

11 August 2006

A slideshow presentation on Human Rights situation in Cambodia 2006.

Statement | Recommendations for Draft Law on Anti-Corruption to Meet International Standards

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:

Statement | Indepentent Police Complaints Body Needed

29 June 2005

Cambodia should establish an independent body to receive and investigate complaints of torture and other abuses committed by police officers, according to LICADHO.

"Torture is all too common in Cambodia and it is time for meaningful action to prevent and punish this brutal practice," said Kek Galabru on June 26, the United Nations International Day in Support of Victims of Torture. "Establishing an independent agency to investigate such abuses committed by the police is long overdue."

Article | Meeting to stop sexual exploitation by tourists

22 July 2004

France and Japan are the two biggest donors to Cambodia. In this photo, the President of LICADHO, Dr. Kek Galabru, participates in a working breakfast at the residence of the French Ambassador, Yvon Roé D'Albert. Also present are the French Minister of Tourism, Leon Bertrand during his official trip to Asia; Mrs. Roé D'Albert; and Caroline Bakker, Head of Children in Need of Special Protection at UNICEF. France has been very willing to help stop sexual exploitation by tourists.

Statement | CAMBOW disappointed in decision not to allow march

23 May 2003

CAMBOW expressed its disappointment that the government refused to allow a peaceful demonstration by victims of domestic violence, claiming that it would affect security and public order.

Statement | CAMBOW addresses issues in the Draft Domestic Violence Law

1 January 2003

CAMBOW held a public hearing at which domestic violence victims shared their experiences with key Senators and MPs. CAMBOW also raised several problems in the draft DV law, including a clause allowing a victim to be removed from her home in domestic violence complaints.

Statement | CAMBOW objects to provision in the Domestic Violence draft law

8 October 2002

CAMBOW requested that a clause in the draft Domestic Violence Law, specifically allowing men to rape their wives, be removed. CAMBOW also raised concerns about other clauses in the law.

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