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Briefing | A Legal Brief on Cambodia's Law on Preventive Measurement Against the Spread of COVID-19 and Other Severe and Dangerous Contagious Diseases as Applied Against Human Rights Defenders

29 September 2022audio available

The Covid-19 Law, officially titled the Law on Preventive Measures Against the Spread of Covid-19 and Other Severe and Dangerous Contagious Diseases, was hurriedly passed on 11 March 2021 without consultation with civil society and other stakeholders, and took immediate effect. The law, reinforced by two hastily drafted sub-decrees on health and administrative measures, grants the government extraordinarily broad powers and discretion to significantly interfere with fundamental social, political and economic rights. There are inadequate provisions for independent oversight of authorities’ measures, and a lack of meaningful limits on the duration and scope of oppressive restrictions. Over half the text of the Covid-19 Law is devoted to penalties, including prison sentences of up to 20 years for vaguely phrased violations.

Statement | A Legal Brief on Cambodia’s Covid-19 Law Used to Persecute Human Rights Defenders and Other Activists

29 September 2022audio available

Cambodia’s repressive Covid-19 Law has resulted in serious rights violations against human rights defenders, land rights demonstrators, unionists, and other citizens over the past year due to authorities’ discriminatory application of the law’s overly broad scope and powers, and the imposition of excessive penalties. Authorities can charge individuals under the law effectively at any time, despite decreasing case numbers. The potential misuse of the law to suppress criticism and fundamental freedoms is an ongoing threat, and serves as an example of harms caused by rushed legislation granting new, unfettered powers to the government.

Statement | German Government-Funded Study Confirms Grave Problems in Cambodia’s Microfinance Sector

14 September 2022audio available

A study commissioned by the Federal Ministry for Economic Cooperation and Development (BMZ) provides further evidence of widespread over-indebtedness in Cambodia, resulting in an “alarmingly high” and “unacceptable” number of distressed land sales. The study’s findings indicate that more than 167,000 Cambodian households have had to sell land to repay loans over the past five years. FIAN as well as Cambodian NGOs LICADHO and Equitable Cambodia call on the German government and other donors of the microfinance sector to fulfil their responsibilities and take immediate and concrete action to address this untenable situation.

Flash Info | Appeal Court Upholds Convictions from March 2022 CNRP Mass Trial

13 September 2022audio available

The Phnom Penh Appeal Court this morning upheld the March 2022 convictions and prison sentences of 12 former Cambodia National Rescue Party (CNRP) members and one former Interior Ministry official on charges of plotting and incitement.

The case was one of several mass trials launched against former supporters and leaders of the CNRP since November 2020. It centred on alleged support for the “Cambodia National Rescue Movement” abroad and opinions regarding the government’s response to COVID-19 that were made in private online and phone chats and conversations.

The 13 individuals – 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 – were convicted on 17 March 2022 by Phnom Penh Municipal Court and sentenced to 5 years in prison, with a portion of their sentences suspended. The 13 men were detained throughout their trial in the lower court – some were held in detention for over two years – and all are currently serving their remaining sentences of 3 years and 8 months in prison. Last month, at least 12 of the convicted activists were transferred to remote Correctional Centre 3 prison in Tbong Khmum province, as part of a larger group of imprisoned CNRP activists transferred from Phnom Penh to the prison.

Flash Info | Over 800 Land Community Members Petition Ministries Despite Police Roadblocks

6 September 2022audio available

Authorities pressured and prevented dozens of members of communities embroiled in land conflicts from travelling to Phnom Penh this morning to join with more than 800 other land community members delivering petitions to government ministries.

Around 500 people from Koh Kong province and some 360 more from Kampong Speu province rallied in the capital to demand the government resolve longstanding land disputes and deliver land titles and/or fair compensation to communities left waiting for years. Representatives of six Koh Kong communities and three Kampong Speu communities delivered petitions to the ministries of justice, interior and land management as well as Prime Minister Hun Sen’s cabinet on Tuesday amid a heavy police presence.

En route to Phnom Penh, police stopped dozens of members of Kampong Speu’s Amleang Land Community and compelled community representatives to sign agreements not to cause “social insecurity” in Phnom Penh before allowing seven of their eight vehicles to continue, claiming some vans were overloaded with passengers.

Video | Understanding Debtors' Rights - Abusive Practices and Legal Protections

25 August 2022audio available

If borrowers understand the abusive activities that are sometimes committed against debtors and their legal rights with regards to MFI debt, it can help them protect their rights and interests under the law.

Flash Info | Appeal Court Upholds Incitement Convictions Against 10 Activists

22 August 2022audio available

The Phnom Penh Appeal Court this afternoon upheld incitement convictions of 10 political and social activists, leaving most under court probation until late 2023.

The court denied appeals from Chhoeun Daravy, Hun Vannak, Tha Lavy and Eng Malai from social justice group Khmer Thavrak; Koet Saray, Moung Sopheak and Mean Prommony from Khmer Student Intelligent League Association; and Kong Sam An, Chhour Pheng and Chum Puthy, former members of the dissolved Cambodia National Rescue Party (CNRP).

The Phnom Penh Municipal Court had sentenced the 10 activists to 20 months in prison, with five to six months suspended, and fined them 2 million riel each (US$500) on charges of incitement in October 2021.

Statement | Deplorable Use of Violence and Detention of Journalists, Activists at Phnom Tamao

19 August 2022audio available

We, the undersigned press freedom, human rights and civil society groups, condemn the recent violence, arbitrary detention and intimidation of five journalists and four activists by officers from the prime minister's bodyguard unit (BHQ) in Phnom Tamao forest.

Five journalists from independent news outlet VOD and four activists from social justice group Khmer Thavrak were unjustly detained for about seven hours on 16 August 2022. They were arrested in Phnom Tamao forest on Tuesday morning by BHQ officers and then brought to the Bati district police station in Takeo province.

Flash Info | Five Journalists, Four Activists Detained at Phnom Tamao Forest

16 August 2022audio available

Authorities detained five journalists from independent news outlet VOD and four activists from social justice group Khmer Thavrak after they were arrested in Phnom Tamao forest on Tuesday morning. They were released just after 6 pm this evening after authorities required them to sign a contract.

Officers from the prime minister’s bodyguard unit arrested the journalists and Khmer Thavrak activists, including Sokun Tola, Chhem Sreykea, Chhoeun Daravy and Hun Vannak, and sent the nine to the Bati district police station in Takeo province for questioning for several hours.

The Khmer Thavrak activists were detained after one group member was live-streaming on Facebook from Phnom Tamao this morning, and the group had submitted a petition about the forest to the Department of Agriculture, Forestry and Fisheries, another group member said. Authorities have reportedly started marking forest land with poles, drawing questions from local residents and triggering a visit by Khmer Thavrak.

Flash Info | LRSU Strikers Beaten by Authorities

11 August 2022audio available

A union striker was punched in the face by a uniformed officer, and left briefly unconscious and bleeding from a gash on her nose, after authorities violently stopped around 80 strikers from walking to the front of NagaWorld casino this afternoon.

The violence occurred as strikers from the Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU) sought to move past metal barricades that authorities set up to block them from accessing the area in front of the casino. Around 80 police and mixed security forces then began violently hitting, kicking, stomping on and shoving back the mostly women union members to stop them from passing the barricades.

Less than three weeks ago, on 22 July, authorities violently pushed several protesting LRSU unionists to the ground in the same area of central Phnom Penh as strikers attempted to walk to the NagaWorld casino.

Video | Daring to Speak Out: Online Loans & Illegal Extortion

1 August 2022audio available

Online money lending networks are targeting Cambodian women on Facebook and Telegram, trapping them into growing debts and extorting them using naked photographs and videos. Social media companies and Cambodian authorities are failing to act, allowing these predatory groups to exploit women with impunity.

In the last year, LICADHO has provided services to three women who have been harassed by informal online lenders. Each with similar experiences, the women first borrowed sums as small as $50 to pay for daily expenses or medical care from groups advertising on Facebook, but ended up being blackmailed and extorted after sending naked photographs and videos in an attempt to escape the cycle of debt.

Flash Info | Supreme Court Upholds Convictions of Union Leader, Activists

29 July 2022audio available

The Supreme Court today upheld incitement convictions of prominent unionist Rong Chhun and activists Sar Kanika and Ton Nimol, who remain under restrictive probation.

Chhun, who has spent years defending labour rights in Cambodia, was arrested after making a statement about the Cambodia-Vietnam border in 2020. His detention triggered a wave of further arrests of activists in Cambodia, including of Kanika and Nimol who were jailed after joining peaceful demonstrations in August and October 2020 respectively. The three were released in November 2021 and given three years of probation with a range of conditions limiting their freedoms.

The Phnom Penh Municipal Court had convicted the three activists of incitement under Articles 494 and 495 of the Criminal Code in August 2021. The Phnom Penh Appeal Court suspended parts of their sentences in November 2021, ordering them to serve from over 14 months to over 15 months in prison and to pay 2 million riel (US$500) each in fines as well as jointly pay 400 million riel (US$100,000) in damages.

Flash Info | Mother Nature Activists’ Convictions Upheld by Supreme Court

29 July 2022audio available

The Supreme Court upheld the convictions of three activists from environmental group Mother Nature this morning, leaving them subject to restrictive probation conditions.

The activists – Long Kunthea, Phuon Keoraksmey and Thun Ratha – were​​ convicted by the Phnom Penh Municipal Court in May 2021 on charges of incitement under Articles 494 and 495 of the Criminal Code. The Phnom Penh Appeal Court upheld the convictions in November 2021, including fines of 4 million riel (US$1,000) each, and suspended parts of their sentences. Ratha’s 20-month sentence was suspended by six months, while Kunthea and Keoraksmey’s 18-month sentences were each suspended by four months.

The three activists were not present in the courtroom this morning as the Supreme Court ruled to uphold the Appeal Court’s judgement. The Appeal Court had placed them under probation with onerous reporting requirements for a period of three years, during which time violations could risk them being forced to serve their remaining sentences. Two other Mother Nature activists – Chea Kunthin and Alejandro Gonzalez-Davidson – were convicted in absentia by the Phnom Penh Municipal Court in the same case.

Flash Info | Authorities Violently Push LRSU Unionists

22 July 2022audio available

Several unionists from the Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU) were violently pushed to the ground by authorities as they attempted to walk to NagaWorld casino in central Phnom Penh to strike this afternoon.

About 80 strikers, most of whom were women, gathered this afternoon and were met by more than 100 police and mixed security forces near the corner of Samdach Sothearos Boulevard and Preah Sihanouk Boulevard nearby the casino complex. Strikers were violently pushed by security forces as they peacefully moved through barricades blocking the road. Security forces threw several strikers to the ground, with at least one man and one woman suffering cuts to their faces as a result.

Human rights monitors were instructed by authorities to move away from the gathering and stop taking photographs prior to the use of violence.

Media Album | Calls for Justice Six Years on from Kem Ley’s Murder

10 July 2022

Civil society groups and political parties have gathered at multiple events to call for justice for Kem Ley and his family in recent days. Events and ceremonies were held in Phnom Penh and Takeo – Kem Ley’s home province – to mark the sixth anniversary of the political analyst’s murder.

About 70 unionists, youth activists and civil society members gathered this morning outside the Star Mart at the Caltex Bokor service station in central Phnom Penh where Kem Ley was shot dead while drinking his morning coffee on 10 July 2016. Participants laid flowers and held a monk blessing ceremony. The mart was shuttered as commemorators began to gather, while about 20 plainclothes security monitored the event.

Civil society groups continue to call for the establishment of a Commission of Inquiry, tasked with conducting an independent, impartial and effective investigation into Kem Ley’s death. The investigation into the killing was widely considered inadequate and failed to identify those beyond the shooter who may have been responsible for the murder.

Flash Info | Five Ratanakiri Forest Activists Convicted

8 July 2022audio available

The Ratanakiri Provincial Court today convicted five forest activists, including long-time environmental defender Chhorn Phalla, for allegedly instigating damage to forestland to claim ownership of it on Phnom Art in Samot Kraom village, Seda commune, Lumphat district, Ratanakiri province.

Phalla was sentenced to six years in prison. Sithan Nhan, Kham Masok, Lat Branh and Tvae Hok, who are all Tampuon indigenous people, were sentenced to five years in prison. The charges relate to a meeting the five men attended in 2017 in an effort to protect their forests and land and raise awareness about illegal logging.

The five were convicted under Articles 56(4) and 62(1) of the Law on Natural Protected Areas and Article 28 of the Criminal Code. They were not initially charged as instigators, with the charge added as the judge read the verdict today. There was not sufficient evidence presented during the trial to support the charges.

Flash Info | Elected Candlelight Commune Chief Arrested over Alleged Robbery from 2002

21 June 2022audio available

Recently elected Candlelight commune chief Nhem Sarom was arrested this afternoon and detained in Kampong Thom province for an alleged robbery committed twenty years ago. He is one of four opposition party commune chiefs nationwide who were elected in Cambodia’s commune elections earlier this month.

The alleged robbery occurred in 2002 and Sarom was charged five years later in 2007 under Article 6 of the Law on Aggravating Circumstances of Crimes. An arrest warrant was later issued in 2012. Sarom was convicted in absentia in 2014 alongside three others for allegedly stealing a generator and sentenced to 5 years in prison. The plaintiff had withdrawn her complaint prior to the conviction.

Sarom was elected less than a month ago to become the chief of the Chamna Leu commune council in Stung district, Kampong Thom province and was set to take the position following certification of the election results on 26 June. He previously served as a commune councillor in that commune in 2017 with the Cambodia National Rescue Party (CNRP) prior to the party’s dissolution, after which his seat was handed to the ruling Cambodian People’s Party (CPP).

Flash Info | Tbong Khmum Land Representative Conviction Upheld

15 June 2022audio available

The Supreme Court this morning upheld the conviction of land community representative Hoeun Sineath from Tbong Khmum province. Sineath was convicted by the Tbong Khmum Provincial Court in December 2020 of intentionally causing damage with aggravating circumstances of acting as a co-perpetrator under Articles 410 and 411(1) of the Criminal Code. He was sentenced to two years in prison, a decision upheld by the Tbong Khmum Appeal Court in August 2021 and the Supreme Court this morning.

Multiple communities in Dambe district, Tbong Khmum province have faced a decade-long dispute over community farmland with Harmony Win Investment Co. Ltd., a Chinese-owned rubber company. Sineath, along with eight other villagers who are not in detention, were convicted after they protested the company blocking access to and clearing their land. Sineath was the only one to appeal the verdict to the Supreme Court. He has spent more than 1 year and 10 months in Tbong Khmum prison since his arrest in August 2020.

Sineath was also convicted in a separate case following his arrest. In that case, he was convicted alongside 14 other people for obstructing public officials with aggravating circumstances under Articles 503 and 504 of the Criminal Code after they filmed authorities implementing a court order related to the disputed land. He was sentenced to spend one year in prison and fined 1 million riel (US$250). The other 14 people received fully suspended six-month sentences. Sineath has also appealed that case to the Supreme Court, with proceedings ongoing.

Article | Court Convicts At Least 51 in CNRP Mass Trial

14 June 2022audio available

The Phnom Penh Municipal Court this morning convicted former leaders, members and supporters of the dissolved Cambodia National Rescue Party (CNRP) of plotting and incitement under Articles 453, 494 and 495 of the Criminal Code.

Twelve former CNRP leaders were convicted in absentia and handed prison sentences of eight years. Nineteen other members and supporters were each sentenced to six years in prison. The court issued detention warrants for these 31 people this morning.

Livestream | Cambodia’s Commune Elections 2022

3 June 2022

Cambodia’s 2022 Commune Elections on 5 June are held to select commune councilors across the country's 1,652 communes. The vote is taking place amidst a yearslong crackdown on political freedoms and civil society. Join us to follow key human rights updates and events as they happen.

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