Mar 22, 2018 | Advocacy, Non-legal submissions
The ICJ today highlighted misuses of the law and legal system in Cambodia, in violation of human rights, and called for action by States and international and regional organisations, as well as the Government of Cambodia.
The statement was delivered during a general debate at the UN Human Rights Council, responding to concerns expressed earlier in the session by the UN High Commissioner for Human Rights and in the report of the UN Secretary General. It read as follows:
“The Cambodian Government continues to misuse the law to clamp down on the political opposition, on civil society and on ordinary individuals under the guise of the ‘rule of law’.
In November 2017, the Supreme Court dissolved the main opposition political party and banned 118 of its members from political activity after a politicized hearing in which the President of the Court was himself a high-ranking member of the ruling party.
The main opposition leader, Kem Sokha, remains in detention, under investigation for treason.
A recent Constitutional amendment imposes a broad ‘duty’ on individuals and associations to “uphold the national interest”. A new lèse-majesté law is inconsistent with freedom of expression.
Individuals continue to flee the country in fear for having exercised their fundamental freedoms.
In February, Sam Sokha, a UNHCR-recognized refugee, was deported from Thailand to Cambodia after she was convicted in her absence by a Cambodian court, for throwing a shoe at a ruling party billboard.
With national elections scheduled for July 2018, the Government’s trend of weaponizing the law against its people only seems set to harden.
States, international and regional organisations, and other international actors must heighten efforts to address the rule of law and human rights crisis in Cambodia.”
Video of the statement is available here:
Numerous statements expressing similar concerns about the situation in Cambodia followed by other NGOs. Some of them were interrupted by Cambodia on “points of order” and prevented from fully presenting their criticisms despite their alloted time remaining. The ICJ does not consider that the objections raised by Cambodia were valid and that the speakers should have been able to receive the full allotted time to complete their statements. Video of a final statement by the delegation of Cambodia is available below:
The ICJ statement today follows an earlier joint statement delivered yesterday by New Zealand on behalf of a group of 45 states, which is available to download in PDF format here (NZJointStatementCambodiaHRC37-2018) and to view by video here:
Mar 14, 2018 | News
On 12 and 13 March 2018, the ICJ participated in and presented at a workshop for Cambodian civil society on the Universal Periodic Review (UPR).
The workshop was organized by the Cambodian Center for Human Rights (CCHR), UPR Info and the Cambodia Country Office of the United Nations Office of the High Commissioner for Human Rights (OHCHR).
This workshop aimed to prepare participants ahead of the deadline for civil society submissions to the UPR in July 2018.
The Royal Government of Cambodia (RGC) will undergo the third cycle of its UPR in January 2019.
The objectives of the workshop were to:
- 1. Introduce the UPR to newcomers, identifying where the UPR fits within the UN’s human rights framework and demonstrating how civil society organizations (CSOs) can utilize the UPR to further their human rights objectives;
- 2. Share experiences of national stakeholders in the UPR process and discuss developments since the second cycle and priorities for the third cycle;
- 3. Learn from the experiences of CSOs in the region on developing UPR CSO submissions;
- 4. Provide technical training regarding the drafting of UPR CSO submissions;
- 5. Establish thematic groups to begin developing joint submissions and establish a timeline for the drafting process.
On 12 March 2018, Kingsley Abbott, Senior International Legal Adviser for Southeast Asia for the ICJ, delivered a presentation on submissions drafting and advocacy techniques for the UPR and also spoke about the experiences of CSOs in Thailand in developing UPR CSO submissions.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, e: kingsley.abbott(a)icj.org
Feb 27, 2018 | Events, News
The ICJ, in collaboration with the UN High Commissioner for Human Rights Regional Office for South-East Asia (OHCHR), and the Centre for Civil and Political Rights, organised a workshop for lawyers from southeast Asia, on engaging with UN human rights mechanisms.
The two-day workshop provided some thirty lawyers from Thailand, Cambodia, Vietnam, and Lao PDR with knowledge, practical skills and expert advice about UN human rights mechanisms, with the participants themselves sharing their own experiences and expertise.
In addition to explaining what the UN mechanisms are and how they work, the workshop discussed how lawyers can use the outputs of UN human rights mechanisms in their professional activities, as well as how to communicate with and participate in UN human rights mechanisms in order to ensure good cooperation and to best serve the interests of their clients.
Sessions were introduced by presentations by the ICJ’s Main Representative to the United Nations in Geneva and OHCHR officials, followed by discussions and practical exercises in which all participants were encouraged to contribute questions and their own observations.
A special discussion of effective engagement of lawyers with Treaty Bodies was led by Professor Yuval Shany, a member of the Human Rights Committee established to interpret and apply the International Covenant on Civil and Political Rights (ICCPR).
The workshop also aimed to encourage the building of relationships and networks between the lawyers from across the region.
The workshop forms part of a broader project of awareness-raising and capacity-building for lawyers from the region, about UN mechanisms.
A similar workshop was held in January 2017 for lawyers from Myanmar.
The project has also published (unofficial) translations of key UN publications into relevant languages, and is hosting lawyers in a mentorship programme in Geneva.
More details are available by contacting UN Representative Matt Pollard (matt.pollard(a)icj.org) or by clicking here: https://www.icj.org/accesstojusticeunmechanisms/
Feb 2, 2018 | News
Cambodia should halt efforts to radically limit the right to freedom of expression through adoption of lèse-majesté legislation which would criminalize the exercise of some expression, said the ICJ today.
The Spokesperson for the Cambodian Council of Ministers, Phay Siphan, reportedly announced on Facebook today that the Council of Ministers had approved an amendment to the Cambodian Criminal Code which would make it a crime to insult the Cambodian King, carrying a penalty of one to five years imprisonment and/or a fine of two million Riel (USD 500) to ten million Riel (USD 2,500).
“The Cabinet’s approval of a lèse-majesté law appears to be a further attempt by the Government to ‘weaponize’ the country’s legislation against its perceived opponents,” said Kingsley Abbott, ICJ’s Senior International Legal Adviser.
“The Government’s ongoing misuse of the law is particularly concerning given the lack of independent and impartial judges to provide appropriate checks and balances on its power,” he added.
The ICJ has previously raised concerns about abuses arising from the lèse-majesté law in neighboring Thailand to curb freedom of expression.
Exercises of expression which are critical to a democratic society under the rule of law, including commenting on public policy and political questions, are sometimes stifled and punished under these laws.
The right to freedom of expression is protected under international law and should never be subject to criminal penalties, let alone imprisonment, which is a manifestly disproportionate penalty for the exercise of the fundamental right to free expression, the ICJ said.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Background
Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Cambodia is a State party, protects the right to freedom of expression. This right includes the “freedom to seek, receive, and impart information and ideas of all kinds.”
In its General Comment No. 34 on article 19, the United Nations Human Rights Committee (HRC), the body that monitors compliance of State parties with the ICCPR, expressed concern about the use of lèse-majesté laws and asserted that “imprisonment is never an appropriate penalty” for defamation.
The HRC further clarified that “all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition” and that “laws should not provide for more severe penalties solely on the basis of the identity of the person that may have been impugned”.
In February 2017, the United Nations Special Rapporteur on the promotion of freedom of opinion and expression, David Kaye, urged Thailand to refrain from using the lèse-majesté law as a “political tool to stifle critical speech” and asserted that “(l)esè-majesté provisions have no place in a democratic country”.
The legislative amendments ratified by the Council of Ministers will now be sent to the National Assembly, the lower house of the Parliament of Cambodia, for approval.
Upon approval by Parliament, the amendments would come into force when signed by the King.
At the same time as approving a lèse-majesté law, the Council of Ministers reportedly approved other constitutional amendments which appear to impose impermissible restrictions on the rights to free association and freedom of assembly, also protected under the ICCPR.
These legislative amendments reportedly include provisions that (i) the right to vote or the right to stand as an election candidate can be restricted by domestic legislation, (ii) the right to form a political party would require “placing the nation’s interests first”, (iii) prohibit individuals from “undermining the interests of the nation” and (iv) allow Secretaries of the State to be appointed by Royal Decree rather than by Parliamentary vote.
Read also
ICJ’s October 2017 Report: Achieving Justice for Gross Human Rights Violations in Cambodia
Nov 27, 2017 | News
Today, the ICJ called on the Royal Government of Cambodia (RGC) to end the escalating repression of civil society in Cambodia and reverse the rapidly deteriorating rule of law and human rights crisis in the country.
Yesterday, it was reported that Prime Minister Hun Sen called for the shut down of one of Cambodia’s leading, independent NGOs, Cambodian Centre for Human Rights (CCHR), and directed the Ministry of Interior to investigate CCHR for its alleged engagement with “foreigners”.
The Prime Minister’s statement appeared to allude to alleged involvement of CCHR in a supposed foreign-backed “colour revolution” to overthrow the government.
“The Cambodian Center for Human Rights plays an essential, independent role in promoting and protecting human rights in Cambodia and must be able to continue its important work without fear of retaliation, reprisal or other unjustified interference,” said Kingsley Abbott, the ICJ’s Senior International Legal Adviser for Southeast Asia.
“Everyone has the right to form and participate in organizations established to work on human rights, and States have a corresponding duty to protect the ability of such organizations and their participants to carry out their work to promote and defend human rights,” he added.
This latest development comes amidst a severe clampdown by the RGC on perceived dissenting voices including civil society, activists, the independent media and political opposition including through the recent dissolution of the major opposition party, the Cambodia National Rescue Party (CNRP), in what appeared to be a highly politicized Supreme Court proceeding, and the arrest and detention of its leader, Kem Sokha.
“This new, targeted focus on the Cambodian Center for Human Rights by the Government should make it clear that the human rights and rule of law crisis gripping Cambodia is not showing any signs of abating and requires the urgent attention of the international community,” said Abbott.
“All legal, political and economic options should be on the table,” he added.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Background
CCHR was founded by Kem Sokha in 2002 before he left the organization in 2007 to pursue a career in politics.
Yesterday, CCHR released a statement “reaffirming its absolute non-partisanship and independence from all political parties” and emphasizing “strict independence” as a core value of its organization. CCHR also asserted in its statement that an “independent and impartial investigation would find no wrongdoing whatsoever on the part of the organization” and called for “meaningful dialogue” with the RGC.
Articles 19 and 22 of the International Covenant on Civil and Political Rights (ICCPR), to which Cambodia is a State Party, guarantees the rights of all persons to freedom of expression and opinion and to freedom of association with others.
The UN Declaration on Human Rights Defenders, adopted by a consensus of States at the UN General Assembly, including Cambodia, affirms the right of everyone to form and participate in NGOs to promote and protect human rights. The Declaration further dictates that states should take all necessary measures to protect human rights defenders from retaliation and other forms of arbitrary action as a consequence of their legitimate work.
On 18 October 2017, the ICJ released a report which found that the RGC was increasingly “weaponizing” the law to restrict dissent and attack democracy. The report recorded that the “single largest problem facing the Cambodian justice system is the lack of independent and impartial judges and prosecutors,” which includes “an endemic system of political interference in high-profile cases and an equally entrenched system of corruption in all others”.
On 23 October 2017, the 26th anniversary of the 1991 Paris Peace Conference on Cambodia, the ICJ, together with 54 other organizations, issued an open letter to the United Nations Secretary-General and the Conference’s co-chairs calling for the reconvening of the members of the Conference and other concerned stakeholders for an emergency summit to address the human rights crisis in the country.
