LIBRARY

12 January 2007

In 2006, Cambodian authorities continued to restrict freedom of assembly. The ongoing clampdown is being conducted by arbitrarily objecting to demonstrations, violently dispersing many peaceful protests and arresting participants in legitimate assemblies. In denying the basic human right of freedom of assembly - enshrined in international treaties and Cambodian law - the State is trying to silence voices of protest and stop people organizing themselves to stand up for their rights.

This briefing paper is the third in a series of reports, published in 2004 and 2005, on restrictions of the right to freedom of assembly in Cambodia. It records some of the instances between 1 December, 2005, and 30 September, 2006, when peaceful assemblies were subjected to intimidation or violence by state forces or state authorities, as well as occasions where the Phnom Penh municipality objected to peaceful gatherings that were being planned.

28 December 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) calls on the Cambodian Government to investigate into the suspicious accident that left a journalist of Radio Free Asia, Mr. Sok Serei, in a very critical health condition. On December 14th, 2006, at around 4:45 pm, Mr. Sok Serei was involved in an accident after picking up his daughter from school. The accident knocked Mr. Serei unconscious when his head hit the road hard.

Police has indicated that they now know the identity of the owner of the vehicle but no formal investigation is underway at this moment. AFEC is deeply concerned that this incident might be a premeditated hit and run crime instead of an accident. It might be due to the work on corruption that Mr. Serei had been exposing in the last months or his works revealing illegal forest concession in Koh Kong. One recent case reported by Serei involves high ranking official in the Ministry of Rural Development. Serei was also reporting on many activities of the civil society that are critical of the government.

22 December 2006

The Cambodian Human Rights Action Committee (CHRAC), a Cambodian coalition of 23 NGO members, the Collective for Khmer Rouge Victims (CKRV) and the International Federation for Human Rights (FIDH) express their concern about the failure of the plenary session of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to adopt their Internal Rules. Those Rules are required to start investigating and prosecuting those who bear the greatest responsibility in the Khmer Rouge crimes.

On 25 November 2006, after a one-week session, the national and international judicial officers of the Extraordinary Chambers announced that they did not reach an agreement on the Internal Rules, or even part of them, which would have allowed to start the investigation phase of the proceedings. They acknowledged, however, the importance of such rules, required to start investigations and prosecution.

12 December 2006

A sea of blue kramas filled the Olympic Stadium on December 10 as more than 10,000 people gathered to celebrate the 58th International Human Rights Day. All the participants on the day wore the blue kramas as a symbol representing the day's theme "We are all Human Rights Defenders".

The gathering was supported by more than 90 organizations that aimed to recognize and promote the crucial roles that Cambodians from all vocations or occupations in life play in protecting human rights and to commemorate the struggles for the fulfillment of human rights in Cambodia. Participants included community activists, trade unionists, students, garment workers, people living with disabilities, NGO workers and members of the international community including diplomats.

10 December 2006

2006 has been a bad year for human rights defenders in Cambodia. On January 1, two of the country's most prominent human rights activists woke up in Prey Sar prison, following their arrest the previous day on charges of defaming the government. Days later a third activist was also arrested and detained. Others went into hiding, victims of a crackdown on free expression that threatened to paralyze Cambodia's vibrant yet vulnerable civil society.

While international outrage helped to secure the release of the three jailed activists by the end of January, the arrests set the scene for one of the worst years for human rights defenders in recent memory. Although this report covers only the first ten months of 2006, there have been many more serious attacks on human rights defenders during this period than in the whole of 2005.

9 December 2006

Thousands of Cambodians from around the country, including community activists, trade unionists, students and NGO workers, will gather at Phnom Penh's Olympic Stadium on Sunday (December 10) to commemorate International Human Rights Day.

Jointly organized by more than 70 organizations under the theme "We Are All Human Rights Defenders", the day-long event aims to acknowledge and promote the valuable roles that Cambodians from all walks of life play in protecting human rights. It will celebrate the achievements made in human rights in Cambodia, but also focus on critical issues still facing the country's citizens - including the theft and exploitation of land and natural resources; restrictions to the freedoms of expression, association and assembly; and violations of labor rights.

9 December 2006

On Human Rights Day this year, we remind all governments that almost sixty years ago in 1948, world governments adopted the Universal Declaration on Human Rights, which articulated and codified the rights of all individuals, with the fundamental message that every person is born free and equal with inalienable human rights, simply because he or she is a human being.

Despite this universal recognition decades ago, people continue to suffer from the denial of basic rights throughout the world. We, as human rights defenders in Asia, are particularly concerned about the deteriorating state of human rights in the region, as well as disappearances, extrajudicial killings and persecution of human rights defenders, aggravated by the prevailing culture of impunity for human rights violators and renewed emphasis by Asian governments on "cultural specificities" to justify human rights violations.

8 December 2006

The occasion of International Human Rights Day, December 10th, 2006
is the 58th anniversary of the universal declaration on Human Rights that was passed on December 10th, 1948. The Cambodian Human Rights Action Committee (CHRAC), a coalition of 23 NGO members, extends its appreciation for the efforts of the Royal government for making a number of progresses for the respects for human rights. However, we have noticed a great deal of impediments in the application of principles of human rights, democracy and policy for reduction of poverty such as:

I. Land Issues: The Action Committee noted that land disputes which lead to human rights violation remain as a critical issue and as one of the reasons that affect seriously the livelihood of people such as right to life, right to appropriate shelter, and right to adequate food etc. The eviction of people from their households so as to claim land for powerful, private company and businesspersons without appropriate compensation for people made people become poor, in addition, they have lost their job or occupation in making income generation.

28 November 2006

On Monday, November 27, 2006 at 9:30am, more than 100 members of the Alliance for Freedom of Expression in Cambodia (AFEC) gathered in the park in front of Wat Botum, nearby the National Assembly. The AFEC members were attempting to fly 100 kites as part of a campaign to demand freedom of expression and assembly in Cambodia, and the abolition of disinformation as a criminal offence. The motto of the event was "Without wind a kite cannot fly. Without Freedom of Expression society cannot progress."

26 November 2006

On the night of October 16, 2006, police forces resorted to violent and brutal measures as they attempted to disperse 2,000 garment workers during a peaceful strike at the Singaporean-owned Bright Sky Garment Factory in Dangkor district, Phnom Penh. In the clash of riot police and shocked garment workers, police fired several shots over the heads of workers and beat them with their electric batons. The police were sent in to disperse the workers who had gathered in the factory's main compound in order to settle an ongoing dispute over working conditions.

The 2,000 night shift workers had gathered in the compound at around 6pm on Monday, October 16, 2006. During the previous week the workers had been on strike calling for the abolition of six month contracts and the adoption of clear probation periods and permanent contracts.

24 November 2006

A colorful march to Wat Phnom concluded the first ever meeting of Southeast Asian Human Rights Defenders on 18 November, with a surprise guest appearance by perhaps the 'biggest' supporter of human rights in Cambodia: Sambo the elephant. Draped in banners proclaiming "Solidarity to all human rights defenders", the elephant led more than 100 marchers from around Southeast Asia for a lap of Wat Phnom in the searing midday heat.

It was a fitting conclusion to the 1st Southeast Asian Human Rights Defenders forum, held in Phnom Penh from 14-18 November. 33 regional activists joined more than 50 Cambodian human rights defenders for the event, which was organized by FORUM-ASIA and LICADHO, in cooperation with ADHOC. Delegates came from Aceh, Burma, Cambodia, East Timor, Indonesia, Malaysia, the Philippines, Singapore and Thailand, with a guest representative from Nepal.

21 November 2006

Domestic violence in Cambodia is an insidious problem that physically, mentally and emotionally scars its victims. Cambodian society holds many moral and traditional cultural codes that enforce the belief that women should keep their family problems private. As a consequence, Cambodian women suffering from domestic violence will normally not discuss their problems with outside parties, believing that problems within the marriage should stay private.

The endemic problem of domestic violence in Cambodia will be the focus of the international 16 Days of Activism Against Gender Violence 2006. The campaign will be launched at a press conference organized by the Cambodian Committee of Women (CAMBOW). The press conference will be held at the offices of the Cambodian League for the Promotion and Defense of Human Rights (LICADHO), on Friday, 24 November 2006, at 10:00am.

17 November 2006

The Cambodian Human Rights Action Committee is pleased to note that the Draft Internal Rules for the ECCC ("Rules") include a number of very positive developments that can set a good example for Cambodian law generally. CHRAC welcomes the opportunity to give comments and believes that involving civil society in this historic process will only make the Extraordinary Chambers stronger.

CHRAC has nine main areas of concern regarding the ECCC Draft Internal Rules: 1/The additional power of the Pre-Trial Chamber, 2/The nature of supermajority voting, 3/Protecting defence rights, 4/Ensuring meaningful victim participation, protection and reparations, 5/Providing widespread public access to reasoned decisions of the Court, 6/Preventing in absentia trials, 7/Clarifying the role of the Constitutional Council, 8/Guaranteeing high quality interpretation, 9/Protecting ECCC personnel, victims, witnesses, and accused from defamation and libel actions in the Cambodian courts.

24 October 2006

"We demand a lot from children when we ask them to be participants in the court system, therefore, in a system designed for adults, we need to adapt practices to make them sensitive to children caught up, through no fault of their own, in the system."

A slideshow presentation on the best interest of the child in court.

23 October 2006

On the 1000-day anniversary of the arrests of Born Samnang and Sok Sam Oeun, LICADHO urges the Court of Appeal to promptly consider the two men's case and to release them.

Today, October 23, is the 1000th day that Born Samnang and Sok Sam Oeun have spent in custody since their arrests on January 28, 2004 for allegedly killing prominent trade unionist Chea Vichea. They are currently serving 20-year prison sentences for the murder, despite extensive evidence of their innocence. Many individuals - including former King Norodom Sihanouk, Chea Vichea's family and the prime witness to the murder - have declared that they are innocent.

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.

17 October 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 23 NGO members, strongly condemns the armed forces for cracking down on a peaceful strike made by garment factory workers while they were asserting their rights for better working conditions at Bright Sky Garment Factory, located along Veng Sreng Street, Dangkor District, Phnom Penh on October 16, 2006 at around 8.30pm.

At the scene, the armed forces violently cracked down on the strike, during which serious abdominal firearm injuries were sustained by a female employee from the factory named Muth Ravy, 24, while she was walking into Rainbow Factory, close to Bright Sky factory. Due to further action by the armed forces, two other workers named Neang Sovannaroth, 21 and his wife Nget Bora, 20, were physically beaten and arrested and brought to the Police station at Dangkor District Office.

12 October 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) demands for abolishing Article 62 of the UNTAC law on criminal disinformation. The network of 28 Cambodian civil society organizations holds that this legal provision contradicts the Cambodian Constitution and the international human rights law by imposing unjustifiable restrictions to the human right to Freedom of Expression. In the view of AFEC, there are other and much more adequate legal ways how to protect public peace than a law against disinformation. The AFEC is convinced that the mere publication of false statement of facts should not be criminalized at all.

In an open society there are many mechanisms that finally lead to the revelation of truth. The recent cases where high-ranking government officials brought criminal disinformation complaints against two journalists, a dismissed university teacher and three people who distributed a leaflet are demonstrating how Article 62 can be abused for silencing criticism. The fact that some of these persons are still arrested is a gross violation of Freedom of Expression.

4 October 2006

In addition to the noticeable impact of Phnom Penh's evictions, land disputes have also become disturbingly problematic in the provinces. What Phnom Penh has been witnessing is the new phenomenon of increasing numbers of communities traveling into the city from their home provinces - some as far as Banteay Meanchey province 350km from Phnom Penh. The villagers, camped under the shade of a tree nearby the National Assembly, make the journey to Phnom Penh to lobby the government in the hope that they will address the land disputes in their home villages.

4 October 2006

The Cambodian Human Rights Action Committee (CHRAC) a coalition of 21 NGO members, petitions the Appeal Court to release Born Samnang and Sok Sam Oeun in their upcoming Appeal Court hearing on October 6, 2006.

CHRAC has made investigations into the Chea Vichea assassination, which occurred on January 22, 2004 and continues to believe that Born Samnang and Sok Sam Oeun have nothing to do with the assassination. CHRAC considers the Phnom Penh Municipal Court's verdict to have been politically motivated. Furthermore, its appears that the police investigation into the assassination involved several now disgraced police officers, some who have now been arrested for criminal activity.