LIBRARY

12 January 2007

In 2006, Cambodian authorities continued to restrict freedom of assembly. The ongoing clampdown is being conducted by arbitrarily objecting to demonstrations, violently dispersing many peaceful protests and arresting participants in legitimate assemblies. In denying the basic human right of freedom of assembly - enshrined in international treaties and Cambodian law - the State is trying to silence voices of protest and stop people organizing themselves to stand up for their rights.

This briefing paper is the third in a series of reports, published in 2004 and 2005, on restrictions of the right to freedom of assembly in Cambodia. It records some of the instances between 1 December, 2005, and 30 September, 2006, when peaceful assemblies were subjected to intimidation or violence by state forces or state authorities, as well as occasions where the Phnom Penh municipality objected to peaceful gatherings that were being planned.

28 December 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) calls on the Cambodian Government to investigate into the suspicious accident that left a journalist of Radio Free Asia, Mr. Sok Serei, in a very critical health condition. On December 14th, 2006, at around 4:45 pm, Mr. Sok Serei was involved in an accident after picking up his daughter from school. The accident knocked Mr. Serei unconscious when his head hit the road hard.

Police has indicated that they now know the identity of the owner of the vehicle but no formal investigation is underway at this moment. AFEC is deeply concerned that this incident might be a premeditated hit and run crime instead of an accident. It might be due to the work on corruption that Mr. Serei had been exposing in the last months or his works revealing illegal forest concession in Koh Kong. One recent case reported by Serei involves high ranking official in the Ministry of Rural Development. Serei was also reporting on many activities of the civil society that are critical of the government.

12 December 2006

A sea of blue kramas filled the Olympic Stadium on December 10 as more than 10,000 people gathered to celebrate the 58th International Human Rights Day. All the participants on the day wore the blue kramas as a symbol representing the day's theme "We are all Human Rights Defenders".

The gathering was supported by more than 90 organizations that aimed to recognize and promote the crucial roles that Cambodians from all vocations or occupations in life play in protecting human rights and to commemorate the struggles for the fulfillment of human rights in Cambodia. Participants included community activists, trade unionists, students, garment workers, people living with disabilities, NGO workers and members of the international community including diplomats.

28 November 2006

On Monday, November 27, 2006 at 9:30am, more than 100 members of the Alliance for Freedom of Expression in Cambodia (AFEC) gathered in the park in front of Wat Botum, nearby the National Assembly. The AFEC members were attempting to fly 100 kites as part of a campaign to demand freedom of expression and assembly in Cambodia, and the abolition of disinformation as a criminal offence. The motto of the event was "Without wind a kite cannot fly. Without Freedom of Expression society cannot progress."

26 November 2006

On the night of October 16, 2006, police forces resorted to violent and brutal measures as they attempted to disperse 2,000 garment workers during a peaceful strike at the Singaporean-owned Bright Sky Garment Factory in Dangkor district, Phnom Penh. In the clash of riot police and shocked garment workers, police fired several shots over the heads of workers and beat them with their electric batons. The police were sent in to disperse the workers who had gathered in the factory's main compound in order to settle an ongoing dispute over working conditions.

The 2,000 night shift workers had gathered in the compound at around 6pm on Monday, October 16, 2006. During the previous week the workers had been on strike calling for the abolition of six month contracts and the adoption of clear probation periods and permanent contracts.

23 October 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) is deeply concerned about forceful removal of the General Manager Noranarith Anandayath and other staff of the radio station Ta Prohm FM 90.5 on October 19, 2006.

Noranarith Anandayath was formerly the Cabinet chief of Prince Norodom Ranariddh who had been ousted as Funcinpec President at an extraordinary party congress on Wednesday, October 18, which was staged by Funcinpec's Secretary-General Nhiek Bun Chay in a coup-like manner. Already on Tuesday at 2:30pm, four armed body guards of Nhiek Bun Chay had taken control of the office of the radio station in Phnom Penh.

17 October 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 23 NGO members, strongly condemns the armed forces for cracking down on a peaceful strike made by garment factory workers while they were asserting their rights for better working conditions at Bright Sky Garment Factory, located along Veng Sreng Street, Dangkor District, Phnom Penh on October 16, 2006 at around 8.30pm.

At the scene, the armed forces violently cracked down on the strike, during which serious abdominal firearm injuries were sustained by a female employee from the factory named Muth Ravy, 24, while she was walking into Rainbow Factory, close to Bright Sky factory. Due to further action by the armed forces, two other workers named Neang Sovannaroth, 21 and his wife Nget Bora, 20, were physically beaten and arrested and brought to the Police station at Dangkor District Office.

12 October 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) demands for abolishing Article 62 of the UNTAC law on criminal disinformation. The network of 28 Cambodian civil society organizations holds that this legal provision contradicts the Cambodian Constitution and the international human rights law by imposing unjustifiable restrictions to the human right to Freedom of Expression. In the view of AFEC, there are other and much more adequate legal ways how to protect public peace than a law against disinformation. The AFEC is convinced that the mere publication of false statement of facts should not be criminalized at all.

In an open society there are many mechanisms that finally lead to the revelation of truth. The recent cases where high-ranking government officials brought criminal disinformation complaints against two journalists, a dismissed university teacher and three people who distributed a leaflet are demonstrating how Article 62 can be abused for silencing criticism. The fact that some of these persons are still arrested is a gross violation of Freedom of Expression.

4 October 2006

In addition to the noticeable impact of Phnom Penh's evictions, land disputes have also become disturbingly problematic in the provinces. What Phnom Penh has been witnessing is the new phenomenon of increasing numbers of communities traveling into the city from their home provinces - some as far as Banteay Meanchey province 350km from Phnom Penh. The villagers, camped under the shade of a tree nearby the National Assembly, make the journey to Phnom Penh to lobby the government in the hope that they will address the land disputes in their home villages.

14 September 2006

In the Cambodian context, any NGO law - regardless of its particular content - poses a threat to the work of human rights defenders and other NGOs. While human rights defenders are most at risk because of their role in criticizing government actions, the objectives of all NGOs and development agents - both foreign and domestic - can be compromised.

This paper highlights the experience of six Asian countries with laws similar to the proposed Cambodian NGO law is outlined below.

5 September 2006

Two of the villagers, Mr. Chhen Sovan, and Mr. Chan Ra, were arrested during the eviction of the residents of Sambok Chab, Sangkat Tonle Bassac, on June 6, by hundreds of armed policemen. The third person, Mr. Hem Chhun, who worked as a reporter for the newspaper Samrek Yuthetor, was arrested on July 7 close to the site in Dangkao District of Phnom Penh where the villagers were relocated. The three persons have been accused by the Phnom Penh authorities of having incited a riot at Sambok Chab Village on May 30 that lead to the destruction of private and public property. The authorities have accused the journalist of being the "mastermind" behind this violent event.

The AFEC rejects violence as a means of expressing opinions. However, the alliance points out that the riot was a spontaneous act by about 100 desperate villagers facing eviction and the destruction of their homes. The event took place after the dismantling of some of their houses had started and a girl had been wounded by falling debris. There is little indication of any kind of an organized plan or premeditation on the part of the villagers who participated in the riot.

11 August 2006

A slideshow presentation on Human Rights situation in Cambodia 2006.

4 August 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 NGO members, regrets the decision made by Kandal Provincial Court to charge and detain three garment factory workers; Lach Sambo, Sal Kimsan and Yin Khun who have been working for Genuine garment factory since 4 July 2006.

From 23 to 29 June 2006, 1000 workers at the Genuine garment factory, located in Kantok commune, Angsnuol district, Kandal province, held a strike to demand for the factory boss to withdraw complaints and allow to return union leader Lach Sambo and other two workers; Sal Kimsan and Yin Khun. All three were terminated by the boss in relation to a non-existent criminal case.

11 July 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) is very worried about the fact that persons from within or close to the Cambodian government are using Article 62 of the UNTAC law on "disinformation" against journalists who criticized them. The recent complaint against two Cambodian journalists have been filed only a few weeks after that the National Assembly has taken the prison terms out of Article 63 of the UNTAC law on criminal defamation recently. The AFEC is afraid that there was no change of attitude behind this minor legal reform.

1 May 2006

Around two thousand factory workers gathered at the Independence Monument and later in front of the National Assembly to celebrate May Day, despite the efforts by hundreds of police to stop workers entering Phnom Penh. Organisers of the rally were officially refused permission to hold the event, with the Ministry of Interior claiming the site was already being used by the pro-Government Cambodian Confederation of Trade Unions (CCTU). Yet, media reported that the CCTU held an event - attended by Prime Minister Hun Sen and aired on Apsara television station - on the night of Sunday April 30. Workers present at the rally reported that the CCTU's planned rally failed to happen.

On the basis of this disingenuous excuse, police undertook a coordinated effort to prevent workers entering Phnom Penh. LICADHO strongly condemns this restriction to people's freedom of movement.

1 May 2006

Recollection of Cambodian Workers' rally on International Labour Day 2006.

28 February 2006

On February 27, 2006, factory workers gathered in Stung Meanchey district for a peaceful demonstration that would, by day's end, be intimidated by riot police in order to 'clean up the streets' during the Indonesian president's visit.

The demonstration was organized by the coalition of Cambodia Apparel of Worker Democratic Union (CCAWDU) and the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC). The workers demanded that a decision by the Arbitration Council on the duration of contracts be respected and that seven employees who were fired after advocating for better working conditions be reinstated.

17 February 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 local NGOs, welcomes and supports the announcement to review decriminalization defamation in the draft Penal Code by the head of the Royal Government in Kandal province on 14 February 2006 further to public appeals made by civil society including CHRAC members.

CHRAC acknowledges that the proposed plan to change defamation from a criminal offense to a civil offense shows the Government's willingness to urge and motivate citizens and civil society organizations to fully express their views in a democratic way as guaranteed by the Constitution of the Kingdom of Cambodia. However, this announcement is only the first step.

17 January 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGO members, welcomes the release on bail of Mam Sonando, Rong Chhun, Kem Sokha and Pa Nguon Teang, which follows the similar release last week of Yeng Virak. We are pleased that all of them have been temporarily freed from prison and are able to be reunited with their families.

We hope that this positive and encouraging news will be followed by the withdrawal of the criminal complaints against these five men and other individuals by the government, and the dropping of all charges against them by the Phnom Penh Municipal Court. Such an action would be a further significant step toward ensuring the protection of freedom of expression, other human rights and future economic development in Cambodia.

16 January 2006

On January 14, 2006, more than 150 members of human rights organizations, unions and other groups gathered in front of Prey Sar prison to show support for Mam Sonando, Rong Chhun, Kem Sokha and Pa Nguon Teang, all all detained inside the prison on defamation or related charges. Community Legal Education Center executive director Yeng Virak, who until recently was also detained with the other four men in the prison, was present at the event.