{"id":3125,"date":"2016-08-30T18:10:42","date_gmt":"2016-08-30T09:10:42","guid":{"rendered":"http:\/\/hrn.or.jp\/eng\/?p=3125"},"modified":"2023-10-25T09:41:54","modified_gmt":"2023-10-25T00:41:54","slug":"cambodia-hrc-statement","status":"publish","type":"post","link":"https:\/\/hrn.or.jp\/eng\/news\/2016\/08\/30\/cambodia-hrc-statement\/","title":{"rendered":"\u201dHuman Rights Now Expresses Serious Concern over Cambodia\u2019s Deteriorating Human Rights Situation\u201d\/ Written Statement submitted to 33rd Human Rights Council session"},"content":{"rendered":"

Human Rights Now has submitted a written statement \u00a0\u201cHuman Rights Now Expresses Serious Concern over Cambodia\u2019s Deteriorating Human Rights Situation\u201d\u00a0<\/strong>to the 33rd\u00a0session of Human Rights Council, which is going to be held in Geneva from September 13, 2016.<\/p>\n

HRN written statement on Cambodia for 33rd HRC<\/a>\u00a0 [PDF]<\/p>\n

We will deliver an oral statement in the HRC session in Geneva as well.<\/p>\n

\n
\n
\n
\n
\n
\n
\n
\n

Human Rights Now Expresses Serious Concern over Cambodia\u2019s Deteriorating Human Rights Situation<\/strong><\/p>\n

    \n
  1. Introduction<\/strong><\/li>\n<\/ol>\n

    Last year the UN Human Rights Council (HRC) adopted Resolution 30\/23 expressing the needs in Cambodia for judicial independence, fair trials, prosecuting human rights violations, establishing a national human rights institution, and protection of freedom of expression, assembly, and association.[1]<\/a><\/p>\n

    Human Rights Now (HRN), a Tokyo-based international human rights NGO, regrets the Cambodian government\u2019s lack of implementation of the Council\u2019s recommendations and the deterioration of Cambodia\u2019s human rights situation.<\/p>\n

    HRN expresses serious concern over the Cambodian government\u2019s arbitrary arrests and judicial harassment of political opponents and human rights defenders; and restrictions on freedom of expression, peaceful assembly, and association.<\/p>\n

    The recent assassination of a prominent Cambodian political commentator suggests a serious risk of escalating political violence approaching the 2017 and 2018 elections. The Council must take the initiative to stop further aggravation of the human rights situation in Cambodia.<\/p>\n

     <\/p>\n

      \n
    1. Human Rights Violations in Cambodia<\/strong><\/li>\n<\/ol>\n

      \u00a0a.\u00a0<\/strong>Intimidation of Political Opposition<\/strong><\/p>\n

      The Cambodia National Rescue Party (CNRP) president, Sam Rainsy, and vice president, Kem Sokha, and parliamentarians such as Hong Sok Hour, have been prosecuted with defamation or incitement for political statements despite immunity under Cambodian law, and voted to be removed from parliament.[2]<\/a><\/p>\n

      This has led to Rainsy\u2019s self-imposed exile, Kem Sokha\u2019s hiding, and the chilling of other opposition members\u2019 activities, undermining the CNRP\u2019s ability to function and Cambodian Constitution\u2019s Article 35 guarantee of political participation.[3]<\/a> Critics of the prosecutions such as Ou Virak have also been charge with defamation.[4]<\/a><\/p>\n

      The series of judicial harassments are endorsed by the Cambodian courts, which consistently rule in the government\u2019s favour with unfair trials. The lack of independence of judiciary violates Cambodia\u2019s Constitution Article 109 mandate of judicial independence and specifically denounced by the last two Special Rapporteurs on the situation in Cambodia.[5]<\/a><\/p>\n

       <\/p>\n

      b. Arbitrary Arrests of Human Rights Defenders<\/strong><\/p>\n

      On 2 May 2016 four members of the human rights NGO ADHOC and the Deputy Secretary-General of the National Election Committee, Ny Chakrya, were arrested for supporting a woman involved in Kem Sokha\u2019s prosecution.[6]<\/a> Over 50 human rights and civil society groups in Cambodia rejected the charges \u201cas a farcical use of both the criminal justice system and state institutions as tools to intimidate, criminalise and punish the legitimate activities of human rights defenders and civil society.\u201d[7]<\/a><\/p>\n

      On 12 May, four UN Special Rapporteurs, referencing the case, called on the government of Cambodia to \u201cstop tar\u00adgeting civil society, human rights defenders, parliamentarians and UN personnel and to take effective mea\u00adsures to protect civil society and respect fundamental freedoms in the country.\u201d[8]<\/a><\/p>\n

       <\/p>\n

      c. Violations of Freedom of Expression, Assembly, and Association<\/strong><\/p>\n

      In recent months Cambodia\u2019s government has been detaining protestors of the abovementioned arrests at weekly \u201cBlack Monday\u201d peaceful demonstrations, which the government unjustifiably labels as a \u201ccolor revolution\u201d, detaining and threatening 20 people with prosecutions.[9]<\/a><\/p>\n

      On 15 August 2016, the government arrested and charged two Black Monday demonstrators, the Boeung Kak Lake activists, with the hearing set for August 22 allowing no time for preparation.[10]<\/a> Such judicial harassment violates Cambodia\u2019s Constitutional and ICCPR obligations to guarantee freedom of expression and assembly.[11]<\/a><\/p>\n

       <\/p>\n

      d. Assassination of a <\/strong>Prominent<\/strong> Critic <\/strong><\/p>\n

      On 10 July 2016, famous political commentator Kem Ley was murdered in Phnom Penh after comments criticizing Cambodia\u2019s ruling family.[12]<\/a><\/p>\n

      Five UN Special Rapporteurs noted in a 13 July 2016 joint statement that \u201c[t]he circumstances of Mr. Kem Ley\u2019s death have given rise to deep concerns in view of his standing as a critic of the government and his [\u2026] human rights concerns,\u201d adding that his shooting \u201cexemplifie[d] an alarming negative trend in Cambodia whereby political activists and human rights defenders are facing increasing restrictions [\u2026]\u201d and it is \u201clikely to have a chilling effect on the pursuit of democracy and human rights in Cambodia.\u201d[13]<\/a><\/p>\n

      They called for a \u201cprompt, thorough and impartial investigation into this crime\u201d by an \u201cindependent body with no ties to the government\u201d which has not been conducted.<\/p>\n

       <\/p>\n

        \n
      1. Reactions by UN Representatives<\/strong><\/li>\n<\/ol>\n

        Several UN representatives have recently commented on the Cambodia\u2019s worsening human rights situation.<\/p>\n

        The Special Rapporteur on the situation of human rights in Cambodia, Rhona Smith, warned in November 2015 and reiterated in April 2016 that Cambodia had reached a \u201cdangerous tipping point\u201d due to political violence, intimidation, and political-motivated judicial harassment and prosecutions by the ruling party against critics.[14]<\/a><\/p>\n

        On 12 May 2016, four Special Rapporteurs urged the Cambodia government to end its targeting of civil society and members of parliament with judicial harassment (\u201ccriminal charges, questioning, court proceedings, and public statements against them must cease\u201d) and the Cambodian authorities deterrence of peaceful demonstrations and demonstrator arrests as persecution of civil society and unjustified restrictions of fundamental freedoms.[15]<\/a><\/p>\n

        At the 32nd Human Rights Council in July 2016, the UN High Commissioner for Human Rights said the political arrests of opposition and civil society members was a \u201cdrastic and deplorable narrowing of the democratic space\u201d that threatens the upcoming 2017 and 2018 elections, with five states giving statements criticizing Cambodia\u2019s politically-motivated prosecutions of opposition and civil society members.[16]<\/a><\/p>\n

         <\/p>\n

          \n
        1. Recommendations <\/strong><\/li>\n<\/ol>\n

          Due to the serious deterioration of the Cambodian human rights situation since HRC\u2019s last resolution, HRN requests the HRC to adopt of a resolution at the 33rd Session expressing strong concern on the human rights violations in Cambodia and strongly encourage the Cambodian government to restore rule of law and ensure protect fundamental human rights guaranteed under international law for the people in Cambodia.<\/p>\n

          A resolution is particularly important this session as this coming October marks the 25th anniversary of the Paris Peace Agreements, which established a settlement to Cambodia\u2019s political conflict and committed the government to justice, democracy, human rights, and rule of law, the legacy of which must be ensured.<\/p>\n

          Also, Cambodia will have elections in 2017 and 2018, and urgent action must be taken to address human rights violations in Cambodia before this period to ensure that political conflict does not escalate and the rights situation deteriorates further.<\/p>\n

          HRN requests the HRC to support the adoption of a resolution at its 33rd session:<\/p>\n

          \u30fbExpressing grave concerns over ongoing, systematic human rights violations in Cambodia and impunity for perpetrators;<\/p>\n

          \u30fbStrongly encouraging the Cambodian government to restore rule of law and fundamental human rights<\/p>\n

          \u30fbPrepare for the free, transparent and fair election in 2017 and 2018<\/p>\n

          \u30fbRequesting the UN Special Rapporteur on the situation of human rights in Cambodia, Ms. Rhona Smith, to assess the status of Cambodia\u2019s implementation of UN recommendations and set benchmarks for progress and priority areas for assistance on ending systematic rights violations.<\/p>\n

          HRN urges the government of Cambodia to:<\/p>\n

          \u30fbImmediately release, drop all charges, and end judicial harassment against all activists, commentators, peaceful demonstrators, and human rights defenders, including Ny Chakrya and the four members of ADHOC, and CNRP members and supporters, including Sam Rainsy and Kem Sokha,<\/p>\n

          \u30fbEnsure that Kem Ley\u2019s death is investigated by an independent process;<\/p>\n

          \u30fbEnsure the freedoms of expression, peaceful assembly, and association to the people including opposition groups, civil society groups, human rights defenders, and peaceful demonstrators consistent with Cambodia\u2019s obligations under its Constitution and the ICCPR;<\/p>\n

          \u30fbEstablish a time-bound plan to implement the recommendations of HRC Resolution 30\/23, the May 2016 UN Special Rapporteur joint statement, and all other recommendations by UN bodies and mechanisms;<\/p>\n

          \u30fbKeep the commitments of the Paris Peace Agreements and Paris Principles, including the establishment of a National Human Rights Institution.<\/p>\n

           <\/p>\n

          [1]<\/a> \u201cAdvisory services and technical assistance for Cambodia,\u201d, ap.ohchr.org\/documents\/dpage_e.aspx?si=A\/HRC\/RES\/30\/23, paras. 1, 2, 6, 9, 21, 22.<\/p>\n

          [2]<\/a> Sonorng Khe, \u201cCambodia National Rescue Party President Sam Rainsy Found Guilty of Defamation\u201c, Radio Free Asia, 28 Jul. 2016, http:\/\/www.rfa.org\/english\/news\/cambodia\/cambodia-national-rescue-party-president-sam-rainsy-found-guilty-of-defamation-07282016151936.html; Kuch Naren, Sek Odom, Cambodia Daily, 28 May 2016, https:\/\/www.cambodiadaily.com\/news\/after-arrest-attempt-kem-sokha-hit-with-charge-113161\/; Cheang Sokha, Phnom Penh Post, 15 Aug. 2015, http:\/\/www.phnompenhpost.com\/national\/breaking-senator-hong-sok-hour-arrested.<\/p>\n

          [3]<\/a> Radio Free Asia, Id. Sek Odom, Alex Willemyns, Cambodia Daily, 15 June. 2016, https:\/\/www.cambodiadaily.com\/archives\/defiant-kem-sokha-still-free-still-in-hiding-114115\/.<\/p>\n

          [4]<\/a> Thai Vuthy, Huot Vuthy, Radio Free Asia, 25 Apr. 2016, http:\/\/www.rfa.org\/english\/news\/cambodia\/cambodian-peoples-part-sues-04252016161428.html.<\/p>\n

          [5]<\/a> http:\/\/www.ohchr.org\/en\/NewsEvents\/Pages\/DisplayNews.aspx?LangID=E&NewsID=16795; http:\/\/www.ohchr.org\/EN\/NewsEvents\/Pages\/DisplayNews.aspx?NewsID=15303&LangID=E<\/p>\n

          [6]<\/a> Ben Sokhean, Alex Willemyns, Cambodia Daily, 3 May 2016, https:\/\/www.cambodiadaily.com\/news\/un-adhoc-staff-charged-over-sex-scandal-112053\/.<\/p>\n

          [7]<\/a> Joint Organizations Statement, \u201cCivil Society Condemns Charging of Human Rights Defenders\u201d, 2 May 2016, http:\/\/www.licadho-cambodia.org\/pressrelease.php?perm=404.<\/p>\n

          [8]<\/a> www.ohchr.org\/EN\/NewsEvents\/Pages\/DisplayNews.aspx?NewsID=19954&LangID=E.<\/p>\n

          [9]<\/a> Mong Palatino, http:\/\/thediplomat.com\/2016\/06\/whats-behind-cambodias-black-monday-campaign\/.<\/p>\n

          [10]<\/a> Joint Organization Statement, \u201cCivil Society Calls for Immediate Release of Boeung Kak Lake Activists\u201d, 18 Aug 2016, https:\/\/www.licadho-cambodia.org\/pressrelease.php?perm=407.<\/p>\n

          [11]<\/a> Cambodia Constitution Arts. 41 (expression, assembly), 35 (political participation), 31 (incorporates ICCPR into domestic law);\u00a0 ICCPR, Arts. 19, 20 (expression), 21 (assembly).<\/p>\n

          [12]<\/a> VOA, \u201cProminent Critic\u2019s Killing Raises Political Stakes in Cambodia\u201d, 11 Jun 2016, http:\/\/www.voanews.com\/a\/assassination-raises-political-stakes-in-cambodia\/3413285.html; Global Witness, \u201cHostile Takeover\u201d, 7 Jul. 2016, https:\/\/www.globalwitness.org\/en\/reports\/hostile-takeover\/.<\/p>\n

          [13]<\/a>\u00a0 www.ohchr.org\/EN\/NewsEvents\/Pages\/DisplayNews.aspx?NewsID=20264&LangID=E.<\/p>\n

          [14]<\/a> OHCHR, NewsID=16795, supra n. 5; www.ohchr.org\/EN\/NewsEvents\/Pages\/DisplayNews.aspx?NewsID=18552&LangID=E.<\/p>\n

          [15]<\/a> OHCHR, supra n. 8.<\/p>\n

          [16]<\/a> http:\/\/www.ohchr.org\/EN\/NewsEvents\/Pages\/GlobalhumanrightsupdatebyHC.aspx.<\/p>\n<\/div>\n<\/article>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

          Human Rights Now has submitted a written statement \u00a0\u201cHuman Rights Now Expresses Serious Concern over Cambodia\u2019s Deteriorating Human Rights Situation\u201d\u00a0to the 33rd\u00a0session of Human Rights Council, which is going to be held in Geneva from September 13, 2016. HRN written statement on Cambodia for 33rd HRC\u00a0 [PDF] We will deliver an oral statement in the HRC session in Geneva as well. Human Rights Now Expresses Serious Concern over Cambodia\u2019s Deteriorating Human Rights Situation Introduction Last year the UN Human Rights Council (HRC) adopted Resolution 30\/23 expressing the needs in Cambodia for judicial independence, fair trials, prosecuting human rights violations, establishing a national human rights institution, and protection of freedom of […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[13],"tags":[139,104,154,102,135,5],"countries":[253],"class_list":["post-3125","post","type-post","status-publish","format-standard","hentry","category-statement","tag-civil-and-political-rights","tag-criminal-justice-arbitrary-detention-and-torture","tag-defenders-democratic-space","tag-human-rights-defenders-independence-of-judiciary","tag-un-activity","tag-united-nations","countries-cambodia"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/3125","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/comments?post=3125"}],"version-history":[{"count":2,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/3125\/revisions"}],"predecessor-version":[{"id":3877,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/3125\/revisions\/3877"}],"wp:attachment":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/media?parent=3125"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/categories?post=3125"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/tags?post=3125"},{"taxonomy":"countries","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/countries?post=3125"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}