LIBRARY

8 October 2023

Communities across four provinces and Phnom Penh celebrated World Habitat Day 2023 this week, which is itself marked by the first Monday of October each year. Members of land and forest communities gathered to acknowledge the day and raise concerns about their rights to adequate housing and livelihoods. Community members also urged the Cambodian government to expedite the process of finding solutions for ongoing land disputes. At least three communities faced harassment, threats, and surveillance by authorities.

6 October 2023

Two Koh Kong land activists, Phav Nheung and Seng Lin, were released from Koh Kong provincial prison today, after the Preah Sihanouk Appeal Court yesterday ordered the release of the detained women from pre-trial detention.

The Koh Kong Provincial Court in August sentenced both women to one year’s imprisonment and to pay 40 million riel (approximately US$10,000) after finding them guilty of defamation and incitement under Articles 494, 495, and 305 of the Criminal Code. Both were the target of a complaint launched by former community representative Chhay Vy, whom the women had accused in 2019 of seizing land.

Both Nheung and Lin had been in pre-trial detention since 30 June 2023, following their arrest on 29 June. Nheung’s almost two-year-old son had been living in prison with his mother since.

6 October 2023

On 4 October 2023, the Tbong Khmum Appeal Court announced its verdict dropping all charges against five Ratanakiri forest activists, including Chhorn Phalla. Phalla is a long-time environmental activist who has been imprisoned since his arrest in September 2021. Chhorn Phalla was released today, after the prosecution confirmed that the Appeal Court’s decision would not be appealed.

Phalla had been sentenced to six years’ imprisonment in July 2022, while four other activists – Kham Masork, Sithan Nhan, Thvae Hok and Lat Branh, all of whom are Tampuon indigenous peoples – were sentenced to five years’ imprisonment, but were not imprisoned pending appeal. The charges relate to a 2017 meeting that the five men attended in an effort to protect their forests and land and raise awareness about illegal logging.

The five were previously convicted by the Ratanakiri Provincial Court, which alleged that they had “felled trees, encroached and cleared forest land, set forest fire, and bulldozed forestlands to claim ownership” contrary to Article 28 of the Criminal Code and Articles 56(4) and 62(1) of the Law on Natural Protected Areas.

5 October 2023

More than 100 people from unions and organisations including the Cambodian Independent Teachers Association (CITA) today gathered at Freedom Park in Phnom Penh to celebrate World Teachers’ Day. The event was monitored by around 20 uniformed and plainclothes authorities, who prevented participants from marching. Participants instead remained at Freedom Park, and a representative from the Ministry of Education, Youth and Sport received their petition.

Many attendees held banners calling for the elimination of corruption in Cambodia’s education system, freedom of association for teachers, and an increase of teachers’ salaries and benefits. Other signs called for the release of prisoners such as the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) President Chhim Sithar and prominent activist Seng Theary.

Participants included representatives from CITA, LRSU, the Cambodian Labour Confederation (CLC) and other activists. Eight speakers delivered speeches including Ouk Chhayavy, President of CITA; Rong Chhun, President of the Cambodian Confederation of Unions (CCU) and Vice-President of the Candlelight Party; Long Rim, CITA board member; Ath Thun, President of CLC; Mom Sovandin, LRSU member; Thon Chantha, Candlelight Party youth leader; Heng Choeurn, President of the Cambodian Agricultural Workers Federation (CAWF) and CLC member; and political activist Prum Chantha.

29 September 2023

The Phnom Penh Appeal Court today announced its verdict upholding criminal charges against four out of 10 people who were arrested in front of Phnom Penh's Yak Jin garment factory on 2 January 2014, one day before the violence that took place along Veng Sreng Boulevard in January 2014. The strike was notoriously shut down on 3 January 2014 when mixed government forces opened fire on the striking workers.

The 10 workers were convicted by the Phnom Penh Municipal Court in 2014 of instigating intentional acts of violence with aggravating circumstances, contrary to Articles 28 and 218 of the Criminal Code. Out of the 10 defendants, only four (Chan Puthisak, a Boeung Kak Lake land activist; Theng Savoeun, President of the Coalition of Cambodian Farmer Community (CCFC); Sokun Sambath Piseth, a former staff member at Center for Labor Rights of Cambodia; and Vorn Pao, President of the Independent Democracy of Informal Economy Association (IDEA)) appealed their sentences.

The Appeal Court upheld the Municipal Court’s decision to sentence Theng Savoeun to four years’ imprisonment, as well as its sentences of four years and six months for Chan Puthisak, Sokun Sambath Piseth, and Vorn Pao, all of which were suspended by the lower court. All four had already spent between 3 January and 30 May 2014 in prison. The Appeal Court also dropped the 8 million riel fine (around US $2,000) imposed by the lower court on all four defendants.

21 September 2023

The Phnom Penh Municipal Court this morning convicted Thach Setha, Vice President of the Candlelight Party, of irregular financial payments and sentenced him to one year and six months in prison as well as imposing a fine and compensation. The case followed a complaint by Rin Chhay Pawn Shop, which alleged that Setha had written five bad cheques to repay a loan in 2019. Setha has been held in pre-trial detention since his arrest in January 2023, with multiple bail requests denied.

The court sentenced Setha under Article 231 of the Law on Negotiable Instruments and Payment Transactions. He was ordered to pay a fine of 3 million riel (around US$750). Setha was also ordered to pay the complainant US$33,400 (around 133.6 million riel) — the amount of his outstanding debt to Rin Chhay Pawn Shop — in addition to 5 million riel (around US$1,250) in compensation.

The Phnom Penh Municipal Court today also conducted the first hearing of a separate case charging Setha with incitement to disturb social security and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code. Setha was indicted in April 2023 in relation to a speech made to Cambodian migrant workers in South Korea on 8 January 2023, which was published by an unknown source on YouTube. Setha has also been ordered into pre-trial detention on the basis of these charges, with the Supreme Court upholding the denial of his bail request in June 2023.

18 September 2023

The Netherlands’ National Contact Point for Responsible Business Conduct (Dutch NCP) has accepted and will proceed with a complaint alleging that Oikocredit, a global social investor based in the Netherlands, has contributed to severe adverse human rights impacts in Cambodia’s microfinance sector.

The complaint followed extensive public evidence of widespread and systematic human rights abuses in Cambodia’s microfinance sector, including reports of violations associated with the microloan providers that receive direct funding from Oikocredit. The complaint alleges that Oikocredit was aware of reports of predatory lending, coercive collection practices, and related serious harms in Cambodia’s microfinance sector since at least 2017 yet continued and even increased its investments through 2022.

15 September 2023

Seven Candlelight Party officials and members were sent to pre-trial detention yesterday evening, after being charged with either incitement and/or fraud under Articles 494–495 and Articles 377–378 of the Criminal Code, respectively. They are currently detained in Banteay Meanchey provincial prison.

The seven charged activists were part of a larger group of 23 Candlelight members who were questioned by police in Banteay Meanchey from Saturday, 9 September in relation to the creation of a new political party. The basis for the criminal charges has not been confirmed.

The seven charged Candlelight political activists are Sin Vatha, Banteay Meanchey provincial party chief; Long Lavy, Banteay Meanchey provincial party deputy chief; Tes Sambath Vathano, party member; Tout Veasna, Mongkol Borei district party chief; Chhom Sinath, Mongkol Borei district party deputy chief; Vann Suy Eiv, elected Koy Maeng commune councillor; and Him La, a Candlelight supporter. Five of the activists have been charged with both incitement and fraud; the latter two (Vann Suy Eiv and Him La) have been charged with incitement only.

30 August 2023

Today, LICADHO is introducing a mechanism for all Cambodians who wish to file a complaint about aggressive and predatory MFIs/banks.

Complaints can be made on behalf of anyone who has experienced harms and abuses in the microfinance sector. Such abuses might include coerced land sales, child labour, unwanted migration, hunger, threats and intimidation, and other harms.

29 August 2023

Nine Koh Kong land activists were granted bail earlier today by the Preah Sihanouk Appeal Court, yet they will remain subject to judicial supervision conditions. The activists have already spent two months in pre-trial detention in Koh Kong provincial prison, following their arrest on 29 June 2023.

The nine activists appeared at the bail hearing this morning where they were supported by 178 community members and representatives from 197 Land Community, 175 Land Community, and 955 Land Community in Koh Kong province. Authorities suggested that supporters wait inside the court building, but they instead chose to remain outside to publicly call for their representatives’ release.

The nine activists are Ms. Phav Nheung, Ms. Det Huor, Ms. Yi Kunthea, Mr. Sok Chey, Mr. Heng Chey, Ms. Tin Tang, Mr. Lang Cheav, Ms. Seng Lin, and Mr. Yoeut Khmao. They were each charged with incitement following their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice.

29 August 2023

Equitable Cambodia (EC) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) today are releasing Debt Threats: A quantitative study of microloan borrowers in Cambodia’s Kampong Speu province. The report features findings from a survey of 717 households.

The research shows that widespread over-indebtedness has led to significant numbers of serious human rights abuses – including hunger, child labour, and coerced land sales – across Kampong Speu province. Borrowers are making unacceptable sacrifices to repay loans that are overwhelmingly collateralised with land titles, and that often far exceed borrowers’ incomes and ability to repay.

15 August 2023

The Koh Kong Provincial Court this afternoon convicted 10 Koh Kong land activists of malicious denunciation and incitement to disturb social security, including three activists who have been detained in prison since June on separate cases. Around 60 community members from 197 Land Community and 955 Land Community gathered outside the court in support of the activists as the verdict was read.

The 10 convicted activists are Chhan Chheurn, Det Huor, Erb Vy, Erp Teung, Heng Chey, Inn Thou, Kert Nov, Kong Men, Puo Houn, and Sok Chey. All 10 were sentenced to one year’s imprisonment and ordered to collectively pay 40 million riel (approximately US$9,600) in compensation to tycoon Heng Huy. Erb Vy’s sentence was fully suspended, while the remaining nine intend to appeal the verdict.

Det Huor, Heng Chey and Sok Chey were already detained in Koh Kong Provincial Prison as a result of separate cases, and were transported to the court in a blacked out police van. They will remain in prison on those separate charges, while no arrest warrants were issued for the six other activists whose sentences were not suspended, indicating they will remain out of prison pending appeal.

4 August 2023

Three Koh Kong land activists were this week found guilty of criminal charges including defamation, incitement, and malicious denunciation for their peaceful activism in defence of their communities’ land rights.

On 2 August 2023, the Koh Kong Provincial Court found two women activists guilty of defamation and incitement to disturb social security. Phav Nheung and Seng Lin were sentenced to one year’s imprisonment each and ordered to pay 40 million riel (approximately US $9,600) in compensation to the plaintiff. Both were the target of a complaint launched by former community representative Chhay Vy, whom the women had accused in 2019 of having seized land. The charges were dropped against a third woman, Khorn Phun.

In a separate case this morning, the Supreme Court upheld the verdict of the Sihanoukville Appeal Court against a third land activist from Koh Kong, Det Huor. Huor was convicted of malicious denunciation and defamation following a complaint made by tycoon Heng Huy about Huor’s Facebook post dated September 2021. Huor was sentenced to one year’s imprisonment and a 2 million riel fine (approximately US $500), which was reduced to 6 months’ imprisonment and a 1 million riel fine both suspended by the Sihanoukville Appeal Court in October 2022. The Supreme Court’s judgment upholds this decision.

2 August 2023

The Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC) will carry out a compliance investigation of six microfinance lenders in Cambodia and four intermediaries over harms caused by over-indebtedness and predatory lending.

The CAO’s investigation was initially announced on 13 June 2023, but was delayed after IFC management requested the IFC Board to review the CAO’s decision. This was the first ever request of its kind, made using a 2021 amendment to the CAO policy that allows for such reviews under narrow, technical grounds only. The IFC later withdrew its request on the last day of the review period without explanation. The CAO noted a policy requiring “any request” to be published, but also said a decision on whether to publish this withdrawn request is “pending.”

The CAO’s Compliance Appraisal Report determined that an investigation was warranted. In this report, the CAO stated it had found preliminary indications of harm and that the IFC may not have complied with its own policies. The report noted that those harms are plausibly linked to IFC’s potential non-compliance.

18 July 2023

The Board of Directors of the International Finance Corporation (IFC) has granted itself additional time to review a decision by its independent accountability mechanism to open an investigation into IFC microfinance investments in Cambodia. The Board has until 28 July 2023 to uphold or overturn the decision to investigate.

The IFC is a member of the World Bank Group, and it has made significant investments in Cambodia’s microfinance industry. Following a complaint, the independent accountability mechanism of the IFC – the Compliance Advisor Ombudsman (CAO) – completed, among other steps, a seven-month-long review and on 13 June 2023 “concluded that an investigation is merited". On 29 June, IFC management requested that the Board review the CAO’s decision, by activating a never-before-used 2021 amendment to the CAO Policy.

Twenty-four stakeholders, including LICADHO, wrote a joint letter to the Board on 12 July 2023 outlining concerns about IFC management’s request for Board review. The letter reminds the Board that CAO Policy limits their review to narrow technical criteria, and that the Board is explicitly prohibited from making a judgement on the merits of the complaint.

10 July 2023

Citizens, political party representatives and civil society groups, including NGOs and activists, congregated today to mark the seventh anniversary of Kem Ley’s murder. They continue their call for a genuine and impartial investigation into his death to establish the truth and secure justice for him and his family.

6 July 2023

We, the undersigned, call for the baseless charges of incitement against 10 land activists from three communities in Koh Kong province to be immediately dropped, and for their unconditional release. These activists did nothing but peacefully raise concerns and speak out in defence of their land and fellow community members, but have been harassed and imprisoned for doing so.

The 10 activists were arrested and charged with incitement under Articles 494 and 495 of the Criminal Code on 29 June 2023. Nine of them are currently in pre-trial detention in Koh Kong provincial prison; one was released on bail with restrictive conditions. The charges followed their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice. If convicted, each activist faces up to two years in prison and a fine of up to 4 million riel (about US$1000).

3 July 2023

The ombudsman of the International Finance Corporation (IFC) has determined that a compliance investigation is warranted in response to a complaint that IFC’s investments in six microfinance institutions in Cambodia, as well as four funds and investors, contributed to harms suffered by Cambodian borrowers. However, in an unprecedented move, IFC management has requested that the IFC Board review the ombudsman’s decision – which could delay or end the compliance investigation process.

The Board has 10 working days to review the request. It may either allow the compliance investigation to move forward, reverse the CAO’s decision, or give itself additional time to review the request.

“An investigation is a crucial step toward justice and remediation for Cambodian borrowers who continue to suffer due to predatory lending,” said Naly Pilorge, outreach director of LICADHO. “The IFC management’s request for board review, after the CAO decided an investigation is merited, is a shameful ploy to avoid scrutiny. The IFC needs to prove that it is committed to accountability through the CAO and stop trying to corrupt an independent process.”

30 June 2023

At least nine land activists from four communities in Koh Kong province were arrested on 29 June 2023 and charged with incitement under Articles 494 to 495 of the Criminal Code for attempting to submit a petition to the Ministry of Justice.

On 29 June 2023, authorities blocked land community members in Sre Ambel district from travelling to Phnom Penh to deliver their petition. Community representatives from four land communities were questioned, after which 11 of the activists remained in custody and were transferred to Koh Kong provincial police station in Khemarak Phoumin town. The land activists were held overnight, in addition to the six-year-old child and 18-month-old baby of two of the activists, both of whom slept at the police station alongside their mothers. The six-year-old child’s father was called to collect the child this morning, when the 11 activists were transferred to the Koh Kong provincial court. Ten were ordered to be held in pre-trial detention in Koh Kong prison. Other community members were prevented from gathering outside the court in support of their representatives.

Around 100 community members had planned to travel to the capital yesterday to submit a petition asking Minister of Justice Koeut Rith to intervene for charges to be dropped against 30 land activists from five communities. Four vans were initially prevented by police from travelling that morning, with only one van able to continue to Phnom Penh.

28 June 2023

We, the undersigned organisations, call on the Cambodian and Italian governments to immediately halt the reopening of intercountry adoptions. Cambodia has not enacted safeguards that will sufficiently protect the best interests of the child or prevent reoccurrences of the severe fraud and corruption that marked intercountry adoptions in the past.

Multiple countries banned intercountry adoptions from Cambodia throughout the 2000s following widespread evidence of illegal and unethical practices. These included Cambodian authorities and orphanage staff falsifying documents to declare some children orphaned or abandoned, often altering their names and birthdates. Children were then adopted abroad without their parents’ knowledge or informed consent. As a result, Cambodia itself suspended intercountry adoptions in 2009.