Southeast Asia: governments must act to counter abusive lawsuits brought by businesses targeting human rights and public interest advocates (SLAPPs)

Southeast Asia: governments must act to counter abusive lawsuits brought by businesses targeting human rights and public interest advocates (SLAPPs)

“Business enterprises continue to use their clout to nullify the work of human rights and public interest advocates through abusive lawsuits (SLAPPs) and far more needs to be done by governments to protect against this practice,” said the panelists during the forum titled ‘Addressing SLAPPs Against Human Rights Defenders in South-East Asia: Challenges and Lessons Learned’ on 9 June 2023.

Cambodia: four years on, no effective investigation into Kem Ley’s unlawful killing

Cambodia: four years on, no effective investigation into Kem Ley’s unlawful killing

Today, in advance of the fourth anniversary of the killing of prominent political commentator and human rights defender Kem Ley, the ICJ and 29 other organizations called on Cambodian authorities to create an independent Commission of Inquiry to conduct an effective and impartial investigation that is long overdue into Kem Ley’s death.

The organizations further urged Cambodian authorities to cease intimidation and harassment of persons peacefully commemorating his passing.

On 10 July 2016, Kem Ley was shot and killed at a petrol station in central Phnom Penh. Without conducting a prompt, thorough, and independent investigation, and following a half-day trial which was widely criticized for failure to meet international fair trial standards, in March 2017, Oeuth Ang was found guilty of the murder of Kem Ley and sentenced to life imprisonment.

Since 2016, many international and domestic human rights organizations have consistently called on the Cambodian government to set up an independent Commission of Inquiry to conduct a prompt, impartial, and effective investigation into this killing, with emphasis on examining the potential criminal responsibility of persons other than the direct perpetrator, in line with international standards set out in the International Covenant on Civil and Political Rights (ICCPR).

The UN Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions as well as the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death reinforce the duty of governments to investigate unlawful deaths and to establish an independent commission of inquiry when states, like Cambodia, lack effective procedures to conduct such an investigation in accordance with international standards.

The Cambodian government, has to date, failed to take any steps towards the establishment of such an independent and impartial investigative body. Given the government’s unwillingness to conduct an independent investigation into Kem Ley’s killing, and civil society’s highly warranted lack of trust and confidence in Cambodia’s justice system which lacks the requisite levels of independence to adjudicate cases involving public officials, this body should be established under the auspices of the United Nations and composed of independent experts.

Following the killing of Kem Ley, the Cambodian authorities have continually monitored, harassed, and ultimately disrupted and prohibited planned anniversary memorials of his death. These actions constitute arbitrary restrictions on the rights to freedom of expression and peaceful assembly. The organizations condemned such attempts to stifle free speech and reiterated their call to the Cambodian government to stop such harassment.

The joint statement is available here.

Contact

Frederick Rawski, ICJ Asia and Pacific Regional Director, frederick.rawski(a)icj.org

See also

ICJ, ‘Cambodia: three years and still no effective investigation into Dr. Kem Ley’s killing’, 9 July 2019

ICJ, ‘Cambodia: Commission of Inquiry into killing of Kem Ley should be established without further delay’, 9 July 2018

ICJ, ‘Cambodia: request to create a commission of inquiry into the killing of Kem Ley’, 7 July 2017

ICJ, ‘Cambodia: Kem Ley’s killing demands immediate credible and impartial investigation’, 13 July 2016

Southeast Asian Judges adopt Guidance on applying a gender perspective in their work

Southeast Asian Judges adopt Guidance on applying a gender perspective in their work

The ICJ today published a General Guidance aimed at assisting judges and others in the justice sector to effectively incorporate a gender perspective in their work.

The General Guidance is especially significant as it reaffirms that customs and traditions should not be invoked to justify discrimination against women.

The Bangkok General Guidance for Judges in Applying a Gender Perspective was discussed and adopted by judges from Philippines, Thailand, Timor Leste, and Indonesia, at a gathering in Bangkok from 24 to 25 June 2016, hosted by the ICJ and UN Women.

During the workshop, judges from the four Southeast Asian countries deliberated extensively how best to assist judges in employing a gender perspective in deciding cases before them.

“The Bangkok General Guidance can make a powerful contribution towards achieving gender equality under the law in Southeast Asia,” said Sam Zarifi, Regional Director for Asia and the Pacific at the ICJ. “It is crucial that judges now work to implement this General Guidance in their home countries.”

The idea to initiate the development of th Bangkok General Guidance emerged from the ASEAN Regional Dialogue on Judging with a Gender Perspective, which was held in Jakarta, Indonesia in 2015.

The Supreme Court of the Philippines offered to take the lead on the project during that regional judicial dialogue.

“Women have a right to equal treatment and equal protection and non-discrimination under the law. It is our responsibility as judges to ensure that women receive equal treatment in law and in practice,” said Justice Teresita de Castro of the Supreme Court of the Philippines.

Judges attended several sessions over the course of the two-day workshop, participating in exercises focused on identifying and addressing gender stereotypes.

“Women in the region face many obstacles in accessing justice,” said Roberta Clarke, Regional Director for Asia and the Pacific at UN Women.

“But judges may be either unaware of these issues or unsure how to address these issues through the legal process,” she added.

The Bangkok General Guidance will make judges aware of means to consider evidence without resorting to gender stereotypes and decide cases based on the principle of equality recognized under international human rights standards, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Recommendations for institutional policies that should be adopted by courts to help them become more gender sensitive and gender responsive are also set out in the General Guidance.

Contact:

Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +66840923575 ; e: emerlynne.gil@icj.org

Southeast Asia-Bangkok-Guidance-Advocacy-2016-ENG (full PDF, in English)

Southeast Asia-Bangkok-Guidance-Advocacy-2016-BUR (full PDF, in Burmese)

Southeast Asia-Bangkok-Guidance-Advocacy-2016-MON (full PDF, in Mon language)

Southeast Asia-Bangkok-Guidance-Advocacy-2016-SHAN (full PDF, in Shan language)

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