Apr 5, 2013 | News
The ICJ urged the Cambodian Bar Association to make it clear that its new Code of Ethics, launched today, does not restrict the freedom of lawyers to express their opinions.
Article 17 of the new Code of Ethics states (in an informal translation by the ICJ) that “All interventions made publicly or through public media by lawyers in their capacity as lawyers may be permitted only within the framework of strict compliance with the duties of the legal profession. Such interventions require diligence.”
This language replaces Article 15 of the 1995 Code, which demanded all lawyers in Cambodia to “inform” or “consult” the Bar President before making media statements.
“The language of the new Article 17 is an improvement over the old Code, but it is ambiguous and raises fears that lawyers will not be able to exercise their right to express their opinions freely,” said Emerlynne Gil, ICJ’s International Legal Advisor on Southeast Asia. “The Cambodian Bar Association must clarify that under Article 17, lawyers, like all others, can address important legal and policy issues publicly and openly.”
The ICJ asserted that the Bar Association must clearly and publicly state that Article 17 shall not be construed to mean that lawyers must seek permission prior to engaging in public activities in their professional capacity.
The ICJ also expressed concern over the previous statements made by the Bar Association implying that lawyers could be sanctioned for expressing certain views of the country’s laws or legal reforms. During a press conference on 15 March 2013, the Bar Association said that the purpose of Article 17 was to prevent lawyers from misinterpreting the law and thus “making society chaotic”.
“The best means of increasing public awareness of the laws and strengthening the rule of law is to encourage greater public discussion,” said Emerlynne Gil. “Disagreements about the meaning of laws are part of the nature of the legal process and should be encouraged publicly.”
The ICJ recognizes the grave difficulties of facing the legal system in Cambodia, where fewer than 1000 active lawyers must provide services for a population of more than 14 million people. “We share the Cambodian Bar Association’s concerns about the need to uphold the professional competence and integrity of its members,” said Emerlynne Gil. “However, this concern should be addressed through efforts to improve legal education expertise rather than limiting the right of lawyers to freedom of expression.”
For questions and clarifications, please contact Ms. Emerlynne Gil, International Legal Adviser for Southeast Asia, tel. no. +662 619 8477, fax no. +662 6198479 or emerlynne.gil@icj.org
Oct 2, 2012 | News
The Jury of the Martin Ennals Award for Human Rights Defenders (MEA) selected the Venerable Luon Sovath as the 2012 Martin Ennals Award winner. The Prize winner was announced at a ceremony in Geneva.
The Venerable Luon Sovath, a Buddhist monk from Siem Reap, Cambodia witnessed his family and fellow villagers being forcibly evicted from their homes in 2009. Since then he has been a strong advocate against forced evictions, which remove families from their homes, often violently and little or no compensation.
Despite threats to his person, of arrest and disrobing, the Venerable Sovath, a non-violent Buddhist monk, uses videos, poems and songs to defend the right to housing. His advocacy touches powerful economic interests. The threats against the Venerable Sovath are very real.
Venerable Sovath was selected from among three final Nominees (see video presentation at the end of this article). Also nominated was Nasrin Sotoudeh, an Iranian Lawyer serving a 6 year prison sentence in Iran for her Human Rights work. She is known particularly for her work on behalf of women and children’s rights, especially juveniles facing execution. The third nominee is the Bahrain Center for Human Rights, who report widely on human rights abuses in Bahrain. Many of their key staff are currently imprisoned for their work.
The New Chair of the Martin Ennals Foundation, Micheline Calmy-Rey, the former Swiss President and Foreign Minister said: “This year’s novel format with three nominees made the Jury’s decision particularly difficult. As a Buddhist monk, Venerable Sovath has managed to raise wider attention to the issue of forced evictions in Cambodia”
The Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
The Jury is composed of the following NGOs: Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line, International Commission of Jurists, German Diakonie, International Service for Human Rights and HURIDOCS.
Previous laureates : Kasha Jacqueline Nabagesera (2011) Muhannad Al-Hassani, Syria, Emad Baghi, Iran; Mutabar Tadjibaeva, Uzbekistan; Pierre Claver Mbonimpa, Burundi and Rajan Hoole-Kopalasingham Sritharan, Sri Lanka; Akbar Ganji, Iran and Arnold Tsunga, Zimbabwe; Aktham Naisse, Syria; Lida Yusupova, Russia; Alirio Uribe Muñoz, Colombia; Jacqueline Moudeina, Chad; Peace Brigades International; Immaculée Birhaheka, DR Congo; Natasha Kandic, Yugoslavia; Eyad El Sarraj, Palestine; Samuel Ruiz, Mexico; Clement Nwankwo, Nigeria; Asma Jahangir, Pakistan; Harry Wu, China.
Patrons of the Martin Ennals Award: Asma Jahangir, Barbara Hendricks, José Ramos-Horta, Adama Dieng, Leandro Despouy, Louise Arbour, Robert Fulghum, Irene Khan, Theo van Boven and Werner Lottje†.
Contact: Michael Khambatta, t: +41 79 474 8208; e-mail: khambatta(at)martinennalsaward.org or visit www.martinennalsaward.org
Video presentation of the three nominees: Luon Sovath (Cambodia), Nasrin Sotoudeh (Iran), Bahrain Center for Human Rights (Bahrain)
