To Permanent
Representatives of Member and Observer States of the UN Human Rights Council

Geneva, 20 August 2015,

Re: Addressing the deteriorating human rights
situation in Cambodia and ensuring that the United Nations retains its
protection role and monitoring capacity in the country

Your
Excellency,

We urge your
delegation to address the deteriorating human rights situation in Cambodia by
supporting a resolution, at the 30^th regular session of the UN Human
Rights Council (14 September-2 October 2015), that highlights patterns of
serious violations and calls on the Cambodian Government to put an end to such
vio­lations and to abide by its domestic and international legal obligations.
The resolution should also extend the mandate of the UN Special Rapporteur on
the situation of human rights in Cambodia.

We remain
deeply concerned about the serious and systematic human rights violations in
Cambodia and on­going impunity for perpetrators. More than 20 years after the
1991 International Agreement on a Compre­hensive Political Settlement of the
Conflict, by which Cambodia and 18 other signatory States committed themselves
to protecting and promoting human rights in Cambodia and UN-organized
democratic elections in 1993, the country risks falling deeper into a pattern
of institutionalized human rights
violations, including political violence. In the run-up to local and
national elections scheduled for 2017 and 2018, the Cambodian Government of the
ruling Cambodian People’s Party (CPP), led by Prime Minister Hun Sen, has taken
steps to further restrict Cambodian citizens’ rights to freedom of expression,
peaceful assembly and association, and to limit the political opposition’s
ability to meaningfully engage in policy-making. Additionally, the gov­ernment
has taken measures to prevent civil society organizations from operating freely
and independently. The last two years have witnessed the hasty and secretive
preparation and adoption of legislation that unduly restricts human rights and
fundamental freedoms. There has also been an increase in the use of lethal and
other excessive force against peaceful protests and occasionally violent social
unrest, as well as instances of judicial harassment and unwarranted legal
attacks against human rights defenders, community activists, trade unionists
and political opposition members and their supporters.

In his last
report to the Council,[1] former UN
Special Rapporteur Mr. Surya P. Subedi warned that Cambodia stood “at a
crossroads.” Since then, the government has neither taken steps to implement
key recommend­ations made by Mr. Subedi and his predecessors nor carried out
institutional reforms that will be key to ensu­ring stability based on
democracy, human rights and the rule of law. On the contrary, through its
monopoly control over not only political positions in the government but also
the entire civil service, the CPP has consolidated its partisan hold on the
armed forces, the police, the judiciary and all state institutions, using them
to step up its attacks on independent and opposition voices.

In the face
of these mounting human rights concerns that flout the spirit and purposes of
the 1991 Agreement and UN engagement in the country since, the Human Rights
Council should adopt at its upcoming 30^th ses­sion a resolution
that:

– Raises
substantial issues of concern, including violations of the rights to freedom of
peaceful as­sembly, association and expression; threats to, and attacks
against, human rights defenders; the lack of independence of the judiciary;
violations of land and housing rights; the erosion of funda­mental democratic
principles and institutions; and ongoing impunity for perpetrators of human
rights violations and abuses;

– Calls on
the Cambodian Government to put an end to these serious violations, abide by
its domes­tic and international human rights obligations, and implement key
legal and institutional reforms that UN bodies and mechanisms have highlighted
as priorities;

– Extends
the mandate of the UN Special Rapporteur for a period of at least two years,
with moni­toring and reporting powers[2] in
addition to advisory services;

– Calls on
the Cambodian Government to fully cooperate with the current Special
Rapporteur, Ms. Rhona Smith,[3]
as well as with other UN human rights bodies and mechanisms; and

– Calls on
the Cambodian Government to establish a time-bound action plan for the
implement­ation of recommendations made by the Special Rapporteur and by
previous mandate holders, as well as by UN bodies and mechanisms, including
treaty monitoring bodies, thematic special proce­dures of the Human Rights
Council, and the Universal Periodic Review (UPR). 

– We also call upon your Government
to express its support to the renewal of the mandate of the OHCHR country
office in Cambodia, and to underline the importance of the complementarities
between the work of the Special Rapporteur and the OHCHR country office.

*   *   *

Such a
resolution will reaffirm the UN’s historical responsibility to support the
Cambodian people’s quest for justice, democracy, human rights and the rule of
law. In the words of the former Special Representative of the Secretary-General
(SRSG) for human rights in Cambodia, Mr. Yash Ghai, “Cambodia is unique insofar
as the international community has played a central role since the peace
agreements in rebuilding the country and its institutions, with the aim of
establishing a regime based on respect for human rights and the rule of law.”

The
international community, which has invested significant resources and efforts
in Cambodia since the 1991 Agreement, should not allow Cambodia to drop any
lower on its list of priorities at a time when the country’s human rights
situation is worsening. The Human Rights Council should respond to Cambodia’s
mounting human rights crisis by sending a signal to the government showing that
the Council intends to continue to closely monitor and address the situation.
As the main UN body in charge of promoting and pro­tecting human rights, the
Human Rights Council should not stand idly by as the Cambodian Government
further restricts the human rights of its citizens, uses the security forces
and judicial system as tools for rep­ression, limits the ability of the
political opposition to operate, and attempts to stifle and control a vibrant
and independent civil society that is the mainstay of support for human rights
and democratic elections.

We therefore
urge your delegation to support a Human Rights Council resolution that
addresses the serious human rights issues outlined above and in annexes, and
extends the mandate of the UN Special Rapporteur on the situation of human
rights in Cambodia for a period of at least two years, in order for the Council
to retain its protection role and monitoring capacity.

We thank you for your attention to these pressing issues and are available to
provide your delegation with further information as required.

Sincerely,

International
Federation for Human Rights (FIDH)

Asian Forum for Human Rights and
Development (Forum-Asia)

Cambodian Center for Human Rights (CCHR)

Cambodian Human Rights and Development Association (ADHOC)

Cambodian League for the Promotion and
Defense of Human Rights (LICADHO)

CIVICUS: World Alliance for Citizen
Participation

Civil Rights Defenders

International Commission of Jurists

International Service for Human Rights

Human Rights Now

Human Rights Watch

World Organization Against Torture (OMCT)

ANNEX 1: Summary of key human rights developments in
Cambodia since the last Human Rights Council resolution

Since the
last resolution adopted by the Human Rights Council on Cambodia (A/HRC/RES/24/29, Septem­ber
2013), the human rights situation in the country has deteriorated markedly, and
the Cambodian Govern­ment has launched a full-fledged attack against human
rights and fundamental freedoms.[4]

Worsening
crackdown on peaceful assemblies and attacks on freedom of association

The July
2013 general election saw the opposition Cambodia National Rescue Party (CNRP)
officially be awarded 55 seats in the National Assembly (against 68 awarded to
the CPP). However, credible allegations of the CPP’s involvement in widespread
electoral fraud triggered a series of mostly peaceful protests that were met by
law enforcement authorities with various levels of repression.

Cambodian
authorities have increasingly used violence against protesters, including
opposition supporters, trade unionists and garment industry workers, as well as
human rights monitors and journalists observing the protests. On 2-3 January
2014, after protracted nation-wide demonstrations calling for wage increases in
the garment industry and sit-ins by opposition supporters in Phnom Penh’s “Freedom
Park,” the government dispatched police and gendarmes to suppress strikes and
social unrest among workers on the outskirts of Phnom Penh. At least four
persons were killed, one disappeared, and more than 20 suffered bullet wounds
as a result. Soldiers also detained more than 20 persons, including workers,
monks and human rights defenders. In instances where protests turned violent,
law enforcement officials used unnecessary and disproportionate force. In other
instances, they used government para-police to crackdown on and commit acts of
violence against peaceful protesters. On one occasion, this provoked protester
counter-violence in which para-police were injured. Men and children arrested
and charged for acts allegedly committed in relation to the protests were
convicted and received suspended sentences of imprisonment following unfair
trials.[5]

Immediately
after the 2-3 January repression, authorities intensified their crackdown on
opposition support­ers and independent voices and instituted a sweeping ban
(which lacked legal basis) on public gatherings in Phnom Penh. This blanket ban
was without regard to considerations of necessity and proportionality, contra­ry
to the government’s constitutional provisions and international obligations.[6] 

In July 2015
the Cambodian National Assembly adopted the Law on Associations and
Non-Governmental Organizations (LANGO[7]).
This law, which has now been promulgated, contains undue restrictions on the
rights to freedom of association and of expression, excessive penalties, and
grants the national and local au­thorities’ vast powers over the registration
and de-registration of associations. Once registered, all associa­tions will be
required to operate under a vaguely defined obligation to maintain “political
neutrality.” The LANGO legalizes the control and censorship of activities
undertaken by domestic and international asso­ciations and NGOs. The
restrictions it provides for go well beyond the permissible limitations allowed
by international human rights law, violate Cambodia’s constitutional
provisions, and serve no legitimate pur­pose. The LANGO was adopted after a
secretive drafting process which lacked basic elements of consulta­tion with
civil society organizations and other stakeholders.[8]
Comparable secrecy shrouds the government’s drafting of a new Trade Union Law
that threatens to impose new and unwarranted limits on workers’ free­dom of
association.[9]

Violations
of, and threats to, the right to freedom of expression

The
Cambodian Government has also drafted a Cybercrime Law and a Law on
Telecommunications which, if passed in their current form, would grant the
government significant power over information outlets as well as Cambodian
citizens’ computers and electronic devices. The draft Cybercrime Law prescribes
jail terms and fines for vaguely defined offenses, such as publishing content
that slanders or undermines the gov­ernment’s integrity, incites or instigates
the general population, or generates insecurity and instability. The draft Law
on Telecommunications gives the government discretionary authority to take over
and shut down internet service providers. These moves go hand in hand with the
ongoing intimidation, threats and harass­ment of government critics, human
rights defenders and journalists, including through the use of legislation on
defamation and incitement to initiate legal proceedings against human rights
defenders, trade unionists, opposition supporters and other critical voices.[10]

Retaliation
and attacks against human rights defenders

Human rights
defenders remain in a difficult situation.[11]
They are subjected to intimidation, threats and ha­rassment, often in the form
of legal harassment that results in their arbitrary detention for the exercise
of their legitimate human rights activities. One recent example is the legal
harassment of Mr. Ny Chakrya, Head of the Human Rights and Legal Aid Section of
NGO the Cambodian Human Rights and Development Asso­ciation (ADHOC), who is
being investigated and faces imprisonment after he raised questions about
judicial conduct in connection with the arrest and trial of villagers involved
in a land dispute.[12]

The
judiciary’s lack of independence

Successive
Special Representatives of the Secretary-General and Special Rapporteurs have
consistently high­lighted how Cambodia’s judiciary lacks independence and does
not guarantee individuals’ right to a fair trial. In July 2014, three
long-overdue fundamental laws on the judiciary[13]
were enacted in the face of widespread condemnation of their provisions. These
laws, passed by the National Assembly at a time when only the CPP had taken its
seats, and without any public consultation or credible debate, legitimized the
government’s control over all aspects of the judiciary, including the
assignment of judges and cases and the promotion of judges – placing them under
the control of the executive branch.[14]

Repeated
events have demonstrated the government’s increasingly apparent use of
Cambodia’s judiciary as a tool of repression. In July 2014, seven opposition
MPs were detained on baseless charges of “leading an in­surrection” after they
participated in a protest on 15 July 2014 calling for an end to the
abovementioned blanket ban on public gatherings and tried to prevent crowd
violence provoked by para-police suppression. They were released on bail after
a few days, but the charges leveled against them have not been dropped.[15]
On 21 July 2015, 11 opposition members and supporters were sentenced to prison
terms for equally baseless charges of “participating in an insurrectionary
movement” – some of them were sentenced to up to 20 years in prison for
“leading an insurrectionary movement” – for their involvement in the same
originally peaceful protest.[16]

Land
grabbing and forced evictions continue unabated

Violations
of land and housing rights and forced evictions in Cambodia have been widely
documented over the years. Today, more than half the country’s arable land is
in the hands of private investors, and most land concessions have been granted
without due process, including respect for the rights of the concerned persons
to be consulted and to challenge administrative and judicial decisions
pertaining to their eviction.[17] The prac­tice
of land grabbing and expropriation, in particular through the granting of
economic land concessions (ELCs) by the government to private investors, has
affected 60,000 new people since the beginning of 2014. Following allegations
of widespread and systematic land grabbing conducted by the Cambodian ruling
elite, a communication has been submitted to the Office of the Prosecutor of
the International Criminal Court alle­ging that crimes against humanity have
been committed.[18]

Ongoing
impunity for perpetrators of human rights violations and abuses

The culture
of impunity for human rights violations and abuses remains a pressing issue
that has been high­lighted by various UN experts, including most recently by
the UN Human Rights Committee, which revie­wed Cambodia in March 2015. The
Committee expressed concern about the fact that “no one has been held
accountable for the extrajudicial killings, allegedly mainly perpetrated by the
army, police and gendarmerie, in Cambodia since the 1991 Paris Peace
Agreements.”[19]
Emblematic cases – in a non-exhaustive list – inclu­de violence committed in
relation to protests (see above), the killing of journalists (11 have been
killed with impunity since 1994), the assassination of Mr. Chea Vichea, Head of
the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) in 2004
and, most recently, the killing of Cambodia’s most prominent environmental
activist Mr. Chut Wutty and of 14-year old Ms. Heng Chantha during a military
operation against protesting displaced villagers (2012). No thorough,
independent investigations have been conducted and no one has been held
accountable with regard to these cases.[20]
Since 1991, more than 300 people have been killed in politically motivated
attacks.[21]

Lack of meaningful engagement with UN human rights bodies and mechanisms

While at
face value Cambodia has an acceptable record of engagement with the
international human rights system when compared to other States in Southeast
Asia (in terms of ratifications, special procedure visits, reviews by treaty
bodies, etc.), it has largely failed to engage with UN bodies and mechanisms in
good faith. All successive SRSGs and Special Rapporteurs have been subjected to
smear campaigns and derogatory remarks by government officials. For instance,
Mr Yash Ghai (2005-2008) was accused of being “deranged” and a “long-term
tourist” by Prime Minister Hun Sen. On several occasions, including during the
pre-elec­tion period in 2012-2013, government officials refused to meet with
Mr. Surya P. Subedi (2009-2015), accu­sing him of lacking professionalism and
independence and of supporting the opposition. The new Special Rapporteur, Ms.
Rhona Smith, who was appointed in March 2015, has so far been unable to carry
out an official visit to Cambodia, mainly because of government officials’ lack
of willingness to meet with her.

Cambodia’s
last review by the UN Human Rights Committee (March 2015) did not provide any
evidence of substantive progress on issues of concern that had previously been
highlighted by the Committee – including gender equality and gender-based
violence, impunity, excessive use of force by law-enforcement officials,
torture and ill-treatment, arbitrary arrest and detention, fair trial,
independence of the judiciary, and freedoms of expression and assembly.

During the
adoption of the report of the Working Group on its second Universal Periodic
Review (UPR), in September 2014, Cambodia set a deplorable precedent by
“un-accepting” recommendations that it had pre­viously accepted during its UPR
review (January 2014), demonstrating its increasing defiance of the interna­tional
human rights system.

ANNEX 2:
Most recent developments: the first half of August 2015

Since the
beginning of August 2015, the Prime Minister[22]
and other government authorities have launched a campaign of vilification of
and threats against human rights-oriented NGOs, such as ADHOC, LICADHO, and a
grouping of women’s rights advocates. LICADHO has been accused of disseminating
false news about land disputes,[23] while the
women’s advocates stand accused of political bias simply for raising concern
about the Prime Minister’s use of what they considered a vulgar term for women.[24]
With the promulgation of the LANGO on 12 August 2015, such allegations can be a
pretext for shutting down associations and NGOs and can be used in conjunction
with earlier legislation to prosecute people for their actions in defense of
human rights. The authorities have also begun to insist that grassroots civil
society activities can no longer be carried out unless those involved have been
registered with the government in advance in accordance with LANGO provisions
and thus received government permission to operate.[25]
This has been coupled with the announcement of strict government implementation
of a ban on “political propaganda” activities on the pre­mises of educational
institutions.[26]

The
increasingly intimidating atmosphere has prompted some NGO officials to
advocate that civil society suspend public criticism of the government. Despite
lifting the arbitrary ban imposed in January 2014, the government continues to
prevent and obstruct freedom of peaceful assembly, especially, but not only, in
rural areas, falsely claiming that non-violent gatherings about issues of
community concern require prior government permission.[27]
The authorities have even excluded local groups and affected people from
partici­pating in government-sponsored public meetings.[28]

The prospect
of large-scale industrial action[29] to protest
the adoption, without proper consultation with the labor sector, of a draft
Trade Union Law that would impose new restrictions on trade union activities,
raises the spectre of renewed use of excessive and sometimes fatal force
against workers.

A series of
criminal investigations and prosecutions launched in August are indicative of
an ongoing need for close scrutiny to guard against escalating CPP partisan
misuse of government agencies and the courts to vio­late human rights. Cases of
concern include both those of members of the opposition CNRP, among them a
Senator arrested without lifting his parliamentary immunity in advance of his
arrest and detention,[30] and those
of activist members of civil society, among them Buddhist monks[31]
and land rights[32]
and environmental campaigners.[33]

*   *   *