LIBRARY

1 April 2011

Recognizing the importance that the Royal Government of Cambodia (RGC) has placed on strengthening institutions of governance and implementing reforms aimed at ensuring sustainable development and long-term poverty reduction; and the commitment to strong cooperation among all ministries and agencies, development partners, the private sector, civil society organizations, and other relevant stakeholders embodied in key policy documents such as the "National Strategic Development Plan" and the "Rectangular Strategy"; the INGO community has been a dedicated partner in Cambodia's development efforts for decades. As the 2009 National Strategic Development Plan Update notes, "Civil society is an important partner and many NGOs, both national and international, play an active and vigilant role in social and economic development efforts as well as in promotion of democracy and human rights."

31 March 2011

The recently-released draft Law on Associations and Non-Governmental Organizations confirms long-standing fears that the government's desire for such a law is in order to control, rather than promote and strengthen, civil society. The draft law - which falls far short of meeting international standards for laws on the nonprofit sector - constitutes the most serious threat to civil society in Cambodia in years. While this threat may appear to be most acute for human rights defenders, it has serious negative implications for community development and democratic participation on a broader scale.

Upon cursory examination, the draft law might appear to be positive in that it omits some draconian provisions which had been mooted by the government in the past. However, the law remains - in letter and in spirit - extremely pernicious to civil society.

20 December 2010

In the six-month period covered in this report, LICADHO documented nearly 50 cases involving violations of expressive rights in Cambodia. These cases follow patterns, and their similarities are not coincidental. They have the markings of a systematic crackdown.

The targets range from community leaders to union representatives to opposition politicians, but anyone who speaks out against the interests of the elite is at risk. As the government has consolidated power, it is growing increasingly intolerant of criticism, more topics are becoming taboo, and the space for dissent is shrinking. The end result is that Cambodians are being prevented from participating in their own democracy.

Click here to reach additional website supplement to the report.

4 December 2010

The recently-released draft Law on Associations and Non-Governmental Organizations confirms long-standing fears that the government's desire for such a law is in order to control, rather than promote and strengthen, civil society. The draft law - which falls far short of meeting international standards for laws on the non-profit sector - constitutes the most serious threat to civil society in Cambodia in years. While this threat may appear to be most acute for human rights defenders, it has serious negative implications for community development and democratic participation on a broader scale.

Upon cursory examination, the draft law might appear to be positive in that it omits some draconian provisions which had been mooted by the government in the past. However, the law remains - in letter and in spirit - extremely pernicious to civil society.

1 November 2010

We, the undersigned representatives of Cambodian civil society, write to you to express concerns regarding the request by Prime Minister Hun Sen on 27 October 2010 to remove Christophe Peschoux from his position as Cambodia Country Representative for the Office of the High Commissioner for Human Rights (OHCHR) and his threat to close the OHCHR Cambodia office.

Since its establishment in 1993 following the Paris Peace Agreements, the OHCHR Cambodia office and its staff have worked diligently in pursuit of its mandate to protect and promote human rights and have made significant contributions to the concept of democracy and rule of law in Cambodia. In January 2010, the mandate of OHCHR Cambodia was extended for an additional two years. This extension is a reflection of the current human rights situation in Cambodia and the need for the continued presence of OHCHR in the country, where a corrupt and politically-controlled judiciary continues to facilitate wide scale transfer of land from poor and marginalised groups to a small economic and political elite, and imprisons all those who dare to speak out against the rich and powerful.

28 October 2010

We write to welcome you to Cambodia, and to summarize what we perceive as the most pressing human rights issues affecting Cambodia’s relationship with the United States.

In 2010, the US-Cambodia partnership faces a serious threat. Cambodian democracy has entered a precipitous decline. The institutions required for checks and balances and self-government - which were painstakingly built with the help of the US government - are in the process of being systematically dismantled by the ruling party. If left unchecked, the inevitable result of this process will be Cambodia’s degeneration into a pariah state, shunned by the international community and useless as an ally. Of course, the inevitable result will also be much worse for ordinary Cambodians.

28 October 2010

We write to welcome you and your wife to Cambodia, and to summarize what we perceive as some of the most pressing human rights issues affecting Cambodia.

Cambodia is currently facing its most serious crisis since the 1997 coup, which constitutes a backward slide in the country’s democratization. The international community, notably the UN, made significant contributions to bringing peace and the concept of democracy and rule of law to Cambodia. Sadly, the hard-won steps which have been made toward pluralistic democracy are now in danger. In particular, efforts to promote Human Rights are deteriorating.

2 September 2010

Since 2007, the human rights abuses and violence encountered by human rights defenders in Cambodia have continued unchecked. Respect for the rights of human rights defenders has continued to deteriorate with dramatic setbacks in press freedom, misuse of the justice system to silence government critics, and the imposition of harsh new restrictions on peaceful protests.

LICADHO has continued to monitor the situation closely in order to provide a report that analyzes the current challenges faced by human rights defenders in Cambodia on a daily basis. Investigations have confirmed that Cambodia remains a dangerous place for human rights defenders.

In 2008 and 2009 representatives of communities engaged in land disputes were threatened with violence, spurious legal action or imprisonment; trades union leaders were assaulted, arrested and persecuted for legitimate trade union activity; and journalists and human rights workers at NGOs were threatened, arrested and obstructed in carrying out their work. The Cambodian government continues to pursue repressive tactics, terrorizing human rights defenders and undermining their ability to defend peacefully the rights of others.

While threats and attacks against human rights defenders have continued - and in some instances increased - since 2007, a number of disturbing trends have emerged.

2 September 2010

On Saturday, May 29, 2010, at 6:15 a.m., Mr. Leang Sokchouen, an employee of LICADHO, was arrested at his home in Phnom Penh’s Sen Sok district by police officers from the Internal Security Department of the Ministry of Interior. Subsequent to his arrest, Mr. Sokchouen was transferred to the Headquarters of the National Police Commissioner in Phnom Penh, where he was held incommunicado for more than 33 hours, despite repeated requests by family and his lawyer to be able to access him.

Cambodia is State party to the International Covenant on Civil and Political Rights (ICCPR). Article 9 (1) of the ICCPR reads as follows:

"Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as established by law."

The Human Rights Committee, the treaty body which is tasked with monitoring the State parties'' performance under the ICCPR, has stated that deprivations of liberty must in all cases be carried out in accordance with domestic legislation (principle of legality). More importantly, the Committee has held that deprivations of liberty must not be arbitrary, clarifying that "arbitrariness is not to be equated with against the law, but must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law."

Leang Sokchouen's arrest and remand in custody by the Cambodian judiciary bears all the hallmarks of inappropriateness, injustice, lack of predictability and due process outlined by the Human Rights Committee. These violations are characteristic of political systems that fail to genuinely implement basic principles of the rule of law.

20 July 2010

On July 20, 2010, LICADHO President Dr. Pung Chhiv Kek wrote a letter to the Phnom Penh Post's editor calling for the immediate closure of the Social Affairs Center at Prey Speu.

19 July 2010

Cambodia’s prison population is in the midst of an unprecedented population boom. Just six years ago, the 18 prisons monitored by LICADHO were at roughly 100% of their collective capacity1. Since then, the population has exploded, growing at an average rate of 14% per year. Prison capacity has also increased, but not nearly enough to keep pace with growth.

The General Department of Prisons (GDP) reported in March 2010 that the entire prison system held 13,325 inmates - 167% of the system’s 8,000-inmate capacity. The 18 prisons LICADHO monitors, meanwhile, were filled to 175% of capacity as of June 2010. As of December 2009, one third of all Cambodian prisoners - over 4,000 - were in pretrial status.

12 June 2010

In June 2009, LICADHO together with Horizons commenced a national survey of women living with their children in Cambodian prisons. The purpose of the survey was to identify the key problems faced by women and children during their incarceration, particularly in relation to food, clothing, health and hygiene; the extent to which services provided through the Adopt-A-Prison Project has helped to address these problems; and assess the need for educational and recreational programs for children living in prison.

6 March 2010

Over 500 inmates with pending appeals are detained in Cambodia's provinces, some of them hundreds of kilometers away from the nation's only appeals court in Phnom Penh. Due to Cambodia's near total lack of a long-distance inmate transportation network, these inmates are at grave risk of being denied one of the most basic elements of a fair trial: The right to have a conviction and sentence properly reviewed by a higher tribunal.

20 November 2009

I write regarding Cambodia Daily article on the violent standoff over an economic land concession in Kompong Thom province (K. Thom Villagers Torch Vehicles, Vent Rage Over Land Dispute, Wednesday November 18, 2009). Although LICADHO condemns any use of violence in defending legal rights to land, this incident does raise two critical questions regarding the government’s conduct.

9 November 2009

We write regarding the Daily's recent stories regarding the rape of a 19-year-old Kompong Cham woman by two police officers in Phnom Penh.

It now appears that the two officers involved will not be prosecuted ("Police Chief Says No Need to Prosecute Officers," Nov. 5, 2009). According to Phnom Penh Municipal Police Chief Touch Naruth, no rape was committed because the victim "is not a virgin," and because she allegedly accepted $250 in "compensation" from the perpetrators.

The latest development in the case is troubling, but hardly surprising. It also highlights three of the biggest obstacles to the prosecution of sex offenders in Cambodia.

12 October 2009

This briefing paper lays the historical timeline of a community in Konkriel commune, Samraong district, Oddar Meanchey, from its initial settlement in 1998 until its forced eviction in October 2009.

10 September 2009

This speech was delivered by LICADHO President Chhiv Kek Pung on September 10, 2009, during the US Tom Lantos Human Rights Commission Hearing on Cambodia.

I wish to express my gratitude to the Tom Lantos Human Rights Commission for assisting the Cambodian delegation to participate in this important and timely hearing. Cambodia is currently facing a crisis in human rights, which constitutes a backward slide in the country’s democratization and efforts to promote good governance. The international community, including the United States, made a significant contribution to bringing peace and the concept of democracy to Cambodia in the early 1990s. Sadly, the hard-won steps which have been made toward pluralistic democracy, and towards economic and social development, are now in danger.

Today I would like to focus on some of the most pressing threats to human rights: specifically, violations of land rights; restrictions on freedom of expression; and Cambodia’s fundamentally dysfunctional justice system.

30 June 2009

The eviction of 31 families affected by HIV/AIDS from the inner-city community of Borei Keila in the Cambodian capital, Phnom Penh, raises serious discrimination, health and other human rights issues. Twenty of the families were banished to a de facto AIDS colony created by the government on the city outskirts, where they were given grossly sub-standard housing, on June 18. Three days later, the remaining 11 families were also evicted, sent to stay in rental houses while they wait to see whether the authorities will honor a dubious verbal promise of permanent new housing for them at Borei Keila in three months time.

This briefing paper discusses the history of the HIV/AIDS community at Borei Keila and their eviction and forced relocation in June 2009.

6 June 2009

In recent years it has become a tragic cliche to say that Cambodia is suffering from an "epidemic" of land-grabbing by the rich and powerful - an epidemic which is resulting in the loss of residence and livelihoods by the poor and vulnerable on a massive scale.

In the 13 provinces in which LICADHO works - roughly half the country - more than a quarter of a million people have been affected by land-grabbing and forced evictions since 2003.

1 June 2009

In recent years, senior Cambodian government officials including Prime Minister Hun Sen have stated the government's wish is to have a Law on Associations and Non-Governmental Organizations, commonly referred to as the “NGO Law”. In late September 2008, the Prime Minister announced that the NGO Law would be one of three priority laws to be completed.

But while these officials have claimed a need to address crime and corruption on the part of NGOs, a brief examination of the reasons they put forward suggests that the reverse is actually true - in reality, this proposed legislation is intended to restrict the lawful activities of Cambodian civil society organizations.