LIBRARY

29 January 2007

January 28, 2007 marked three years - or 1,096 days - that Born Samnang and Sok Sam Oeun have spent in prison since their arrests for the assassination of prominent trade unionist Chea Vichea. One day in prison for an innocent man is too long; both men have spent the last three years in prison for a crime that there is considerable evidence they did not commit. To mark the anniversary of their arrests, Cambodian NGOs and trade unions launched a public campaign that will continue until their release from prison.

29 January 2007

Nearly 500 children are currently detained in Cambodia's prisons. For these children, the prisons they call "home" are overcrowded, unhygienic and lacking in basic facilities. Many are detained with adults, are regularly held in pre-trial detention that exceeds the legal time limit, and many are sentenced to prison time without any regard to their age. They suffer the same poor living conditions, food rations and health provisions as the detained adults and have limited access to education, training and legal representation.

The Securing Children's Rights project is co-funded by the European Union and jointly implemented by LICADHO, Legal Aid of Cambodia (LAC) and DanChurchAid (DCA). The project operates in Phnom Penh, Sihanoukville, Battambang, Siem Reap, Kandal and Kampot provinces. The overall aim of the programme is that children and minors should be properly protected in legal and labour institutions. Children should be protected against dangerous work, e.g. prostitution and unregulated industrial work; they should have access to legal representation and their interests should be protected by government and authorities at all levels.

28 January 2007

On the three-year anniversary of the arrests of Born Samnang and Sok Sam Oeun, Cambodian NGOs and trade unions are today launching a continuous public campaign for their release from prison.

"The injustice suffered by these two men has gone on far too long. The courts must set them free, so that they can return to their families and their normal lives," said Thun Saray, President of ADHOC.

Despite extensive evidence of their innocence, Born Samnang and Sok Sam Oeun are serving 20-year prison sentences for the murder of prominent trade unionist Chea Vichea. Many individuals - including former King Norodom Sihanouk, Chea Vichea's family and the main eyewitness to the murder - have declared that they are innocent. The two men have been waiting for 18 months for the Court of Appeal to review their case.

25 January 2007

With the inclusion of the prohibition of the death penalty in the 1993 Constitution, the Kingdom of Cambodia basically restituted the legal situation that existed in April 1989, when the government of the State of Cambodia banned capital punishment at the constitutional level.

Beyond domestic abolition, successive coalition governments since 1993 failed to demonstrate genuine commitment toward further ensuring the permanent prohibition of capital punishment in Cambodia by acceding to Second Optional Protocol to the International Covenant on Civil and Political Rights. For more than a decade now, Cambodia has been firmly enlisted in the camp of the more than 30 abolitionist none-State Parties to the Second Optional Protocol.

25 January 2007

The August 1, 2005 trial and convictions of Born Samnang and Sok Sam Oeun for the murder of trade unionist Chea Vichea was marked by violations of fair trial rights and a lack of credible evidence. The following are some of the main issues raised by the trial that will be reviewed in this paper: 1/ Failure to hear prosecution witnesses in court, 2/ Lack of evidence, 3/ Undue reliance on confessions, etc.

The unofficial transcript is based on written notes taken during the trial; it is not verbatim and some parts of the trial were inaudible.

24 January 2007

Over the past few days, Cambodian Human Rights Action Committee (CHRAC), a coalition of 23 member NGOs, has learned from a source who wishes to remain anonymous that there have been disturbing developments in the progress of the rules committee and the future of the ECCC - including the possible pull-out of international senior officials should the Internal Rules not meet minimum international standards.

The lack of public information about this potential impasse underscores the need for more transparency in the rules drafting process, including NGO monitoring of committee meetings. At the very least, regular, detailed press briefings are necessary to keep the Cambodian people up-to-date on the cause of the latest delay in the court process. People are losing faith as the delays continue without explanation.

23 January 2007

CHRAC, NGOF, CFI, CLEC, LAC and ILO-ITP express their full support for the reclamation of the indigenous land in Kong Yu and Kong Thom villages, Pateh commune, O'yadao district, Ratanakiri, who today are filing a lawsuit to reclaim land illegally taken from them by H.E. Keat Kolney, sister of Senior Minister of the Ministry of Economy and Finance Keat Chhon. The NGOs hope that the case of Kong Yu will show that even the most vulnerable members of society are entitled to protection under Cambodian law.

Kong Yu and Kong Thom villages are located in a remote area in Ratanakiri. As with many indigenous groups, these families speak their own language, practice swidden agriculture, and maintain animist beliefs and traditional ceremonies. The surrounding environment and landscape play a critical role in indigenous life. In spring 2004, villagers endured a series of coercive tactics by authorities designed to force them to sell their lands.

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.