LIBRARY

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.

19 June 2023

The Supreme Court this morning denied bail to opposition leader Thach Setha, upholding the decision of the Phnom Penh Municipal Court.

Thach Setha is the vice president of the Candlelight Party and was charged with incitement to commit a felony and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code in April 2023. The charges stemmed from comments made to Cambodian migrant workers abroad, and he was ordered to be held in pretrial detention.

The 70-year-old opposition leader appealed, arguing that judicial supervision conditions would be sufficient and that his health conditions could not be adequately treated in prison. However, the order of pretrial detention was upheld by the Appeal Court in May 2023.

19 June 2023

Every day, there are people across Cambodia working tirelessly to defend everyone’s rights and freedoms. They do so in the face of relentless persecution, often at the hands of authorities.

These human rights defenders include farmers, company employees, and students who share in the struggles of their communities. Their efforts do not always receive the recognition they deserve, but remain immensely valuable in shaping the future.

1 June 2023

On Children’s Day 2023, amid a soaring number of minors detained behind bars, LICADHO calls on the Cambodian government, including the Ministry of Justice, Ministry of Interior and courts, to immediately address the ongoing crisis of children unnecessarily growing up in Cambodia’s inhumane prisons.

The number of minors detained in the 19 prisons monitored by LICADHO has soared by more than 30% over the last year according to information provided by prison administrations, reaching 1,658 minors in April 2023. More than 96% of them are boys, 52% of them were in pre-trial detention, and a further 37% were awaiting a final verdict.

31 May 2023

The Supreme Court this morning rejected the appeals of nine current and former political, social, and youth activists. The court upheld the incitement convictions against current and former Khmer Thavrak activists Chhoeun Daravy, Hun Vannak, Tha Lavy and Eng Malai; Khmer Student Intelligent League Association (KSILA) activists Koet Saray, Moung Sopheak and Mean Prummony; and former Cambodia National Rescue Party (CNRP) members Chhour Pheng (also known as Chhou Pheng) and Chum Puthy (also known as Tum Vuthy, or Chhum Vuthy).

The Supreme Court upheld the lower court’s sentencing of the activists to 20 months in prison with between five to six months of their sentences suspended. Daravy, Vannak, Pheng and Puthy were sentenced to serve 15 months in prison, while Saray, Sopheak, Prummony, Lavy and Malai were sentenced to serve 14 months. All nine defendants were also each fined 2 million riel (US$500).

The activists were arrested in August and September 2020 and held in pre-trial detention, which was credited to their sentences. All nine activists were released from prison in early November 2021, but remain under a two-year probation period with restrictive conditions until November 2023.

26 May 2023

Members of land communities from Koh Kong, Svay Rieng, Kampong Speu, Preah Vihear and Tbong Khmum provinces continued to gather to demand the release of three Coalition of Cambodian Farmer Community (CCFC) staffers who were arrested on 18 May.

Theng Savoeun, the association’s president; Nhel Pheap, senior organizing officer; and Thann Hach, community facilitator officer, were charged by the Ratanakiri Provincial Court with plotting against the nation and incitement under Articles 453 and 494-495 of the Criminal Code, respectively. All three are currently in pre-trial detention in Ratanakiri prison.

Authorities have also threatened representatives from land communities in Svay Rieng, Kampong Speu, Koh Kong and Tbong Khmum provinces with arrest if they continue to gather in Phnom Penh.
This follows a series of gatherings between 19 and 22 May 2023 of land community members from Koh Kong, Preah Sihanouk, Svay Rieng, Kampong Speu, and Kandal provinces.

25 May 2023

The Constitutional Council today upheld a decision barring the Candlelight Party from competing in the July 2023 National Election, finalising the forcible exclusion of Cambodia’s main opposition party from the polls over a missing registration document.

The council’s decision affirmed the National Election Committee (NEC)’s refusal on 15 May to register Candlelight for this year’s national election. The NEC alleged that Candlelight failed to produce an original party registration document, which Candlelight claims was confiscated by authorities during a raid on the Cambodia National Rescue Party (CNRP) headquarters after that party’s forcible dissolution in 2017.

The NEC’s refusal came despite the election body approving Candlelight to run in the 2022 Commune Elections.

25 May 2023

The Phnom Penh Municipal Court this morning issued incitement convictions for nine current and former union activists from the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU), including imprisoned union President Chhim Sithar. The convictions under Articles 494 and 495 of the Criminal Code are related to the union’s ongoing peaceful strike.

The court sentenced Sithar to the maximum prison sentence of two years and she was immediately detained following the verdict. Sithar and the other unionists were previously arrested and imprisoned in December and January 2022, before being bailed in March 2022. Sithar was re-arrested and imprisoned on 26 November 2022 for allegedly violating judicial supervision conditions, despite the fact that neither she nor her lawyers were ever informed of any conditions.

Five other LRSU unionists – Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Srey Pich, and Touch Sereymeas – were each sentenced to one year and six months in prison, but the five women will remain out of prison and under judicial supervision until all appeal routes are exhausted.

24 May 2023

The arrest of three staffers from the Coalition of Cambodian Farmer Community (CCFC) and the unfounded charges of incitement and plotting against the nation marks yet another case of Cambodian authorities imprisoning human rights defenders for their peaceful activism.

We, the undersigned groups, demand an end to the persecution of human rights defenders, and call for the three CCFC staffers to be immediately and unconditionally released, so they can continue their work.

22 May 2023

Members of land communities from Koh Kong, Preah Sihanouk, Svay Rieng, Kampong Speu, and Kandal provinces gathered to demand the release of three Coalition of Cambodian Farmer Community (CCFC) staffers who were arrested on 18 May.

Theng Savoeun, the association’s president; Nhel Pheap, senior organizing officer; and Thann Hach, community facilitator officer, were charged by the Ratanakiri Provincial Court with plotting against the nation and incitement under Articles 453 and 494-495 of the Criminal Code, respectively. Say Kouhav, the investigating judge, sent all three CCFC staff members to pre-trial detention in Ratanakiri prison at approximately 6:30 pm today. If convicted, they face between 5 and 10 years in prison.

While hundreds of community members gathered outside the Ministry of Interior to demand the three men’s release, many others were blocked by authorities from travelling to the capital. On 19 May 2023, community members from Koh Kong province were blocked by local authorities at 2 am as they attempted to drive to Phnom Penh. They were stopped for around two hours and threatened with arrest if they continued their journey. After they returned home, authorities warned community representatives that any further efforts by community members to gather in Phnom Penh would be met with arrests.

19 May 2023

More than 100 community members and land rights activists gathered in front of the Ministry of Interior today to demand the release of three Coalition of Cambodian Farmer Community (CCFC) staffers who were arrested yesterday.

Community members from Koh Kong, Preah Sihanouk, Svay Rieng, Kampong Speu, and Kandal provinces gathered in front of the Ministry of Interior to urge authorities to release Theng Savoeun, CCFC president; Nhel Pheap, a senior officer at the association; and Thann Hach, a project officer. Reasons for their arrests currently remain unclear and the three remain in detention in Ratanakiri province.

Six community representatives were permitted to enter the ministry to submit a petition. The ministry accepted the petition but rejected the community’s request to release the three arrested staffers.

18 May 2023

Three staffers at the Coalition of Cambodian Farmer Community (CCFC) have been arrested and are expected to be sent to court, a day after police in Kratie province stopped a bus carrying 37 people and detained several people for questioning overnight.

This morning, police formally arrested Theng Savoeun, CCFC president; Nhel Pheap, a senior officer at the NGO; and Thann Hach, a project officer. Reasons for stopping the bus and the arrests are not clear. The three were among those detained overnight, while the remaining 34 people left the police station in their own bus this morning.

Authorities confiscated computers, mobile phones, and written documents from the group, and the Ministry of Interior’s Anti Cyber Crime Department were seen entering the police station following the staffers’ detention.

1 May 2023

Around 2,000 people celebrated International Labour Day 2023 at two key events in Phnom Penh this morning. Workers, unionists, and civil society gathered at Wat Phnom and outside the National Assembly to call for respect for labour rights and an end to harassment of unionists.

Garment workers, construction workers, informal workers, farmers, entertainment workers, domestic workers, hospitality workers, and others gathered this morning. Unionists and workers marched from Wat Phnom to the Council for the Development of Cambodia, where they gave speeches, sang songs, and shared ideas in a public forum. Another group marched from the National Assembly to Chea Vichea's statue, where they gathered to hear speeches.

26 April 2023

Youth members from Mother Nature Cambodia today led a commemorative walk and ceremony to mark the murder of environmental activist Chut Wutty, who was shot dead in 2012 whilst accompanying two journalists on a patrol of protected forest in Koh Kong province. Military police officer In Rattana, who was also fatally shot on the same day as Wutty, was blamed for the killing after a flawed investigation.

Around 25 youths from Mother Nature, the Cambodian Youth Network, and the Khmer Student Intelligent League Association this morning gathered at Botumvatey Pagoda to walk to the Ministry of Justice. They displayed photographs of Wutty and commemorative slogans, and dressed as Wutty to symbolise the continuation of his mission to safeguard the environment and natural resources.

On arrival, representatives delivered speeches about ongoing damage to Cambodia’s forests and called for the ministry to deliver justice for Wutty. They handed a petition to police for delivery to the ministry. The youths were monitored throughout the event by around a total of 15 Daun Penh para-police and plainclothes authorities.

30 March 2023

More than 1,000 community members from Siem Reap, Koh Kong and Kampong Speu provinces gathered in Phnom Penh between 27 March and 29 March to petition for solutions to ongoing land disputes affecting their homes and livelihoods, in some cases facing restrictions on movement and assembly from local authorities.

Between 27 and 28 March, about 150 people from seven Siem Reap communities gathered in Phnom Penh, where representatives submitted petitions to the Ministry of Interior and Ministry of National Defence on behalf of approximately 10,000 families who live within Angkor Archaeological Park, a UNESCO World Heritage site that includes the temple of Angkor Wat. Their petitions included a request for the government to return land titles to community members, enact protections for the Kleang Tuek 78 reservoir, and provide fair compensation to those already affected by evictions within the site. The government has previously said the evictions are necessary to maintain the area’s UNESCO World Heritage status.

30 March 2023

The Supreme Court this morning upheld the verdict of the Phnom Penh Municipal Court, which convicted 12 members of the former Cambodia National Rescue Party (CNRP) and a former Interior Ministry official on charges of incitement and plotting, and sentenced each to 5 years in prison with 16 months suspended. No reasoning was provided by the Supreme Court in its judgment.

The 13 individuals were convicted on 17 March 2022 by the Phnom Penh Municipal Court in a mass trial, alongside eight other former CNRP leaders and members who did not file an appeal. The Phnom Penh Appeal Court upheld the convictions of the 13 defendants in December. The 13 individuals are Chhon Bunchhat, Long Phary, Khut Chroeb, Ngin Khean, Yim Sareth, Khoem Pheana, Thai Sokunthea, Keo Thai, Nhaem Van, Chum Chan, Sok Chantha, Peat Mab, and Sun Thun.

All 13 men were detained throughout their trial in the lower courts, with several of them detained for up to three years while awaiting today’s final verdict. They remain in Tbong Khmum’s Correctional Centre 3 prison serving the unsuspended portions of their sentences, 3 years and 8 months. The sentences will see them imprisoned throughout Cambodia’s July 2023 National Election.

24 March 2023

The Phnom Penh Municipal Court this afternoon convicted Seam Pluk, co-founder of the Cambodia National Heart Party (CNHP), and twelve others on charges of forgery and use of forged documents under Articles 626, 627 and 628 of the Criminal Code. In addition to Pluk, who has been in detention since April 2022, three additional co-defendants were arrested hours before the verdict for unknown reasons.

The court sentenced Pluk to two years and six months in prison and imposed a fine of 5 million riel (USD $1,250), while the other 12 defendants received two-year sentences with the same fine. Warrants for their arrest were issued. The court provided no reasoning in its judgment.

24 March 2023

The Supreme Court rejected the appeal of seven women unionists this morning, all of whom are representatives of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) and include its President Chhim Sithar. As a result of the Supreme Court’s decision, Sithar will remain in prison throughout an ongoing incitement trial, which commenced at the Phnom Penh Municipal Court on 21 February 2023. The other six women – Chhim Sokhorn, Hay Sopheap, Kleang Soben, Ry Sovandy, Sun Srey Pich, and Touch Sereymeas – will remain under judicial supervision. The Supreme Court’s decision was made on the grounds that no written power of attorney was submitted as part of the appeal.

The seven women are currently on trial (alongside two other defendants) for charges of incitement as a result of their peaceful strike action. They had appealed the December 2022 decision of the Phnom Penh Municipal Court’s Investigating Judge, who had ordered that Chhim Sithar remain in provisional detention. The Investigating Judge had also placed the other six unionists under judicial supervision.

LRSU members have been on strike since December 2021 following mass layoffs at the NagaWorld casino, which included the LRSU’s entire leadership and a significant number of its members. The seven unionists were first arrested on charges of incitement in late December 2021 and early January 2022, and spent two months in pre-trial detention. They were released in March 2022, but Sithar was again arrested and imprisoned on 26 November 2022 at Phnom Penh International Airport while returning from a labour rights conference in Australia. Sithar was re-arrested for allegedly violating judicial supervision conditions, despite the fact that neither she nor her lawyers were ever informed of any conditions. Sithar remains in Correctional Center 2 prison in Phnom Penh.