Apr 21, 2021 | News
Journalists and media workers face an increasingly repressive legal landscape amidst the COVID-19 pandemic in Cambodia, Thailand and Vietnam, as outlined by the ICJ in a submission to the Office of the United Nations High Commissioner for Human Rights (OHCHR).
“Laws in Cambodia, Thailand and Vietnam that do not comply with human rights law and standards have served to shrink the civic space in which the media operate,” said Sam Zarifi, ICJ’s Secretary General. “This stands to undermine the media’s crucial work in performing their investigative functions and their capacity to impart information to the public.”
The ICJ highlighted in particular how new laws have been enacted in response to the COVID-19 pandemic that aim at or can be used by State authorities to control information about the pandemic. These laws contain provisions incompatible with human rights law and standards as their vague language makes them prone to abuses. In addition, some prescribe excessive sanctions, including severe criminal penalties, which are incompatible with the principles of necessity and proportionality.
The ICJ also underscored how the authorities in the three States continued abusing existing non-human rights compliant laws to arbitrarily restrict information and expression during the pandemic, by targeting journalists and social media users.
Although the ICJ recognizes the necessity to combat the spread of false information online to protect public health during the uncertainty of a pandemic, this objective can and must be carried out using the least intrusive means, rather than unnecessary and disproportionate measures like arrests, detentions, criminal prosecutions and onerous fines.
The submission called for the OHCHR to continue engaging with the relevant authorities in these three countries to better safeguard in law and practice the safety and work of journalists and media workers, and the right to health and right to freedom of expression and information.
This submission is aimed at providing the OHCHR information for a report it is preparing for the UN Human Rights Council pursuant to its Resolution 45/18 on the safety of journalists.
Download
The full submission is available in English here. (PDF)
Contact
Osama Motiwala, ICJ Asia-Pacific Communications Officer, e: osama.motiwala(a)icj.org
See also
ICJ, ‘Southeast Asia: ICJ launches report on increasing restrictions on online speech’, 11 December 2019
ICJ, ‘New ICJ global report shows that the right to health must be central to State responses to COVID-19’, 1 September 2020
ICJ, ‘Vietnam: authorities must act to safeguard rights online and end harassment of those expressing themselves – ICJ new report’, 9 December 2020
Nov 2, 2020 | News
Today, the ICJ and 56 civil society organizations called for an end to attacks on independent media by the Royal Government of Cambodia (“RGC”).
Amidst an increasingly repressive landscape, the organizations called on the RGC to:
- End harassment of journalists and media outlets;
- Immediately drop apparently politically motivated charges against journalists and unconditionally release those held in detention for exercising their rights to freedom of expression and information;
- Repeal or significantly amend repressive laws that unjustifiably impede media freedom and freedom of expression, including media freedom, so as to allow for a vibrant and free media landscape in line with its international human rights obligations;
- Immediately reverse revocations of media licenses to facilitate media freedom and the right to freedom of expression and information; and refrain from similar revocations of media licenses in the future.
Download the joint statement in English and Khmer.
Contact
Kingsley Abbott, Senior Legal Adviser, ICJ Global Accountability Initiative e: kingsley.abbott(a)icj.org
See also
ICJ, ‘Cambodia: authorities must end increasing crackdown on human rights defenders’, 11 September 2020
ICJ, ‘Cambodia: ICJ and 64 organizations call for immediate withdrawal of Draft Law on Public Order’, 13 August 2020
ICJ, ‘ICJ and 31 organizations jointly urge Governments to call for respect of human rights in Cambodia’, 22 July 2020
ICJ, ‘Cambodia: State of Emergency bill violates the rule of law’, 8 April 2020
Sep 11, 2020 | News
Today, the ICJ condemned an ongoing and heightened crackdown on civil society activists and human rights defenders in Cambodia, and called on the Royal Government of Cambodia (“RGC”) to cease arbitrary arrest and other harassment of individuals for merely exercising their human rights and fundamental freedoms.
From end-July to early this week, at least eleven activists have been arrested and detained on spurious charges in an invigorated attempt by authorities to silence critical dissent in the country.
“The Cambodian authorities in recent days have ratcheted up their abuse of domestic laws to target human rights defenders and perceived critics of the government. We fear that without a robust international response, the situation will only deteriorate further,” said Kingsley Abbott, ICJ Senior Legal Adviser.
“They are now targeting youth in particular, in an apparent bid to curtail their use of social media to amplify dissatisfaction with the ruling regime. Instead of attacking them, the government needs to stop and listen to their people,” he added.
Several arrests have been linked with the detention of prominent union leader, Rong Chhun. On 31 July, Rong Chhun, President of the Cambodian Confederation of Unions, was arrested at his home in suspected retaliation for comments he had made alleging loss of community land in relation to demarcation of the Cambodian-Vietnamese border. He was thereafter charged with “incitement to commit a felony or disturb social security,” under articles 494 and 495 of the Criminal Code. He is currently in detention in Phnom Penh’s Correctional Centre 1.
On 13 August, Hun Vannak and Chhouen Daravy, founding members of the Khmer Thavrak youth activist group, were arrested in relation to a rally they had held outside Phnom Penh Municipal Court in support of Rong Chhun. Daravy was reportedly slapped, then grabbed and hit before being pushed into a vehicle during her arrest. Security officials also reportedly beat and kicked at people in the rally to disperse the crowd, injuring about ten individuals.
On 6 September, Buddhist monk Venerable Koet Saray and Mean Prommony, Vice-president of the Khmer Student Intelligent League Association, were arrested in apparent connection with a rally they had been organizing to call for Rong Chhun’s release. On 7 September, Khmer Thavrak activists Tha Lavy and Eng Malai were arrested. Tha Lavy was arrested on arriving at a protest at Freedom Park. Eng Malai was arrested the day she had left the UN Office of the High Commissioner for Human Rights’ Cambodia office, where she had raised her security concerns.
Simultaneous arrests of environmental rights activists and a rapper evidence a wider crackdown beyond the case of Rong Chhun. On 4 September, three members of environmental rights group Mother Nature Cambodia, Thun Ratha, Long Kunthea and Phuong Keorasmey were arrested. They were thereafter charged with incitement under articles 494 and 495 of the Criminal Code. On the same day, rapper Kea Sokun was arrested in Siem Reap province and similarly charged with incitement, in apparent connection with a popular song he had released on YouTube, concerning land at the Cambodian-Vietnamese border.
On 7 September, the Ministry of Interior issued a statement denouncing Khmer Thavrak and Mother Nature Cambodia as unauthorized organizations, calling on the responsible authorities to prosecute them.
The ICJ is concerned that the groups are being targeted for allegedly operating without being registered in accordance with the Law on Associations and Non-Governmental Organizations. The requirements under this law are non-compliant with international law and standards that protect human rights and fundamental freedoms, as the ICJ has previously pointed out. The law impermissibly restricts the ability of civil society members to exercise their rights to freedom of association and expression.
The ICJ recalls the responsibility of Cambodia, as expressly stated in the UN Human Rights Defenders Declaration, to “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.” These rights include, among others, freedoms of expression, opinion, peaceful assembly, association and political participation.
“Far from protecting these rights, the government has been systematically violating them,” said Abbott.
“The recent arrests signal yet another sign of further regression that needs to be called out by the international community, including by partners, missions, UN agencies and financial institutions.”
On 7 September, the UN Special Rapporteur on Cambodia expressed concerns about the recent arrests and also highlighted that she “has been closely following reports that seven different CSOs have been searched or informed of pending visits by the authorities since last week.” Similarly, over the past few days, the UN Special Rapporteur on Human Rights Defenders has expressed concern about the crackdown, stating “peaceful protest is not a crime”.
Contact
Kingsley Abbott, Senior Legal Adviser, ICJ Global Redress & Accountability Initiative e: kingsley.abbott(a)icj.org
See also
ICJ and 31 organizations jointly urge Governments to call for respect of human rights in Cambodia, 22 July 2020
Cambodia: State of Emergency bill violates the rule of law’, 8 April 2020
Misuse of law will do long-term damage to Cambodia, 26 July 2018
‘Cambodia: deteriorating situation for human rights and rule of law (UN statement), 27 June 2018
‘Cambodia: the ICJ condemns Senate’s approval of draft Law on Associations and NGOs, 24 July 2015
Aug 13, 2020 | Advocacy, News
Today, the ICJ and 64 civil society organizations jointly called on the Royal Government of Cambodia (“RGC”) to discard the draft Law on Public Order (“draft law”) which, if adopted, would breach Cambodia’s international legal obligations.
The draft law aims to regulate public spaces and public behavior within those spaces, covering aesthetics, sanitation, cleanliness, noise, and social values, all under the broad aim of maintaining “public order”. It sets out a number of specific activities that are prohibited, lists a range of penalties that may be imposed for violations, and grants unfettered enforcement powers to authorities across all levels of government, with the proclaimed objective of creating “a more civilized society”.
The organizations expressed concern that the draft law contains multiple overbroad and arbitrary provisions which violate numerous human rights protections enshrined in the Constitution of the Kingdom of Cambodia and human rights treaties to which Cambodia is party, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Amidst an ongoing crackdown on fundamental freedoms in Cambodia, a number of existing laws already grant overbroad and unfettered powers to the RGC and are regularly deployed abusively to undermine human rights. Adoption of this draft Law on Public Order would serve to facilitate a further deterioration of the human rights situation in Cambodia.
The joint statement is available in English here.
The joint statement is available in Khmer here.
Contact
Kingsley Abbott, Senior Legal Adviser, ICJ Global Accountability Initiative e: kingsley.abbott(a)icj.org
See also
ICJ, ‘ICJ and 31 organizations jointly urge Governments to call for respect of human rights in Cambodia’, 22 July 2020
ICJ, ‘Cambodia: State of Emergency bill violates the rule of law’, 8 April 2020
ICJ, ‘Misuse of law will do long-term damage to Cambodia’, 26 July 2018
ICJ report, ‘Achieving Justice for Gross Human Rights Violations in Cambodia: Baseline Study’, October 2017
Apr 8, 2020 | News
The ICJ today warned that Cambodia’s draft Law on National Administration in the State of Emergency (“State of Emergency bill”) violates basic rule of law principles and human rights, and called on the Cambodian government to urgently withdraw or amend the bill in accordance with international human rights law and standards.
Last Friday, government spokesperson Phay Siphan explained that the government needed to bring a State of Emergency law in force to combat the COVID-19 outbreak as “Cambodia is a rule of law country”. The bill is now before the National Assembly and, if passed by the Assembly, will likely be considered in an extraordinary session convened by the Senate. The law will come into force once it has been signed by the King – or in his absence, the acting Head of State, Senate President Say Chhum.
“The Cambodian government has long abused the term “rule of law” to justify bringing into force laws or regulations that are then used to suppress free expression and target critics. This bill is no different,” said Frederick Rawski, ICJ’s Director for Asia and the Pacific.
“Any effective response to the COVID-19 outbreak must not only protect the rights to health and life, but be implemented in accordance with Cambodia’s human rights obligations and basic principles of the rule of law.”
Several serious shortcomings are evident in the State of Emergency bill, including:
- No delineation of a timeline for the imposition of a state of emergency, or criterial process for its termination. The bill provides vaguely that such declaration “may or may not be assigned a time limit. In the event that a state of emergency is declared without a clear time limit, such a state of emergency shall be terminated when the situation allows it” (article 3);
- Expansion of government powers to “ban or restrict” individuals’ “freedom of movement, association or of meetings of people” without any qualification to respect the rights to association and assembly in enforcing such measures (article 5);
- Expansion of government powers to “ban or restrict distribution of information that could scare the public, (cause) unrest, or that can negatively impact national security” and impose “measures to monitor, observe and gather information from all telecommunication mediums, using any means necessary” without any qualification to respect the rights to privacy, freedom of expression and information in enforcing such measures (article 5);
- Overbroad powers for the government to “put in place other measures that are deemed appropriate and necessary in response to the state of emergency” which can allow for significant State overreach (article 5);
- Severe penalties amounting to up to 10 years’ imprisonment of individuals and fines of up to 1 billion Riel (approx. USD 250,000) on legal entities for the vaguely defined offence of “obstructing (State) measures related to the state of emergency” where such obstruction “causes civil unrest or affects national security” (articles 7 to 9);
- No specific indication of which governmental authorities are empowered to take measures under the bill, raising concerns that measures could be taken by authorities or officials in an ad-hoc or arbitrary manner in violation of the principle of legality;
- No indication of sufficient judicial or administrative oversight of measures taken by State officials under the bill – The bill states that the government “must inform on a regular basis the National Assembly and the Senate on the measures it has taken during the state of emergency” and that the National Assembly and the Senate “can request for more necessary information” from the government (article 6) but does not clarify clear oversight procedures for accountability.
“The State of Emergency bill is a cynical ploy to further expand the nearly unconstrained powers of the Hun Sen government, and will no doubt be used to target critical comment on the government’s measures to tackle COVID-19,” said Rawski.
“If passed in its current form, this bill will reinforce the prevailing lack of accountability which defines the government in Cambodia. The government’s time would be better spent developing genuine public health policy responses to the crisis.”
Contact
Frederick Rawski, ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org
To download the statement with detailed background information, click here.
See also
ICJ report, ‘Dictating the Internet: Curtailing Free Expression, Opinion and Information Online in Southeast Asia’, December 2019
ICJ report, ‘Achieving Justice for Gross Human Rights Violations in Cambodia: Baseline Study’, October 2017
ICJ, ‘Cambodia: continued misuse of laws to unduly restrict human rights (UN statement)’, 26 September 2018
ICJ, ‘Misuse of law will do long-term damage to Cambodia’, 26 July 2018
ICJ, ‘Cambodia: deteriorating situation for human rights and rule of law (UN statement)’, 27 June 2018
ICJ, ‘Cambodia human rights crisis: the ICJ sends letter to UN Secretary General’, 23 October 2017
