LIBRARY

21 September 2023

The Phnom Penh Municipal Court this morning convicted Thach Setha, Vice President of the Candlelight Party, of irregular financial payments and sentenced him to one year and six months in prison as well as imposing a fine and compensation. The case followed a complaint by Rin Chhay Pawn Shop, which alleged that Setha had written five bad cheques to repay a loan in 2019. Setha has been held in pre-trial detention since his arrest in January 2023, with multiple bail requests denied.

The court sentenced Setha under Article 231 of the Law on Negotiable Instruments and Payment Transactions. He was ordered to pay a fine of 3 million riel (around US$750). Setha was also ordered to pay the complainant US$33,400 (around 133.6 million riel) — the amount of his outstanding debt to Rin Chhay Pawn Shop — in addition to 5 million riel (around US$1,250) in compensation.

The Phnom Penh Municipal Court today also conducted the first hearing of a separate case charging Setha with incitement to disturb social security and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code. Setha was indicted in April 2023 in relation to a speech made to Cambodian migrant workers in South Korea on 8 January 2023, which was published by an unknown source on YouTube. Setha has also been ordered into pre-trial detention on the basis of these charges, with the Supreme Court upholding the denial of his bail request in June 2023.

18 September 2023

The Netherlands’ National Contact Point for Responsible Business Conduct (Dutch NCP) has accepted and will proceed with a complaint alleging that Oikocredit, a global social investor based in the Netherlands, has contributed to severe adverse human rights impacts in Cambodia’s microfinance sector.

The complaint followed extensive public evidence of widespread and systematic human rights abuses in Cambodia’s microfinance sector, including reports of violations associated with the microloan providers that receive direct funding from Oikocredit. The complaint alleges that Oikocredit was aware of reports of predatory lending, coercive collection practices, and related serious harms in Cambodia’s microfinance sector since at least 2017 yet continued and even increased its investments through 2022.

15 September 2023

Seven Candlelight Party officials and members were sent to pre-trial detention yesterday evening, after being charged with either incitement and/or fraud under Articles 494–495 and Articles 377–378 of the Criminal Code, respectively. They are currently detained in Banteay Meanchey provincial prison.

The seven charged activists were part of a larger group of 23 Candlelight members who were questioned by police in Banteay Meanchey from Saturday, 9 September in relation to the creation of a new political party. The basis for the criminal charges has not been confirmed.

The seven charged Candlelight political activists are Sin Vatha, Banteay Meanchey provincial party chief; Long Lavy, Banteay Meanchey provincial party deputy chief; Tes Sambath Vathano, party member; Tout Veasna, Mongkol Borei district party chief; Chhom Sinath, Mongkol Borei district party deputy chief; Vann Suy Eiv, elected Koy Maeng commune councillor; and Him La, a Candlelight supporter. Five of the activists have been charged with both incitement and fraud; the latter two (Vann Suy Eiv and Him La) have been charged with incitement only.

30 August 2023

Today, LICADHO is introducing a mechanism for all Cambodians who wish to file a complaint about aggressive and predatory MFIs/banks.

Complaints can be made on behalf of anyone who has experienced harms and abuses in the microfinance sector. Such abuses might include coerced land sales, child labour, unwanted migration, hunger, threats and intimidation, and other harms.

29 August 2023

Nine Koh Kong land activists were granted bail earlier today by the Preah Sihanouk Appeal Court, yet they will remain subject to judicial supervision conditions. The activists have already spent two months in pre-trial detention in Koh Kong provincial prison, following their arrest on 29 June 2023.

The nine activists appeared at the bail hearing this morning where they were supported by 178 community members and representatives from 197 Land Community, 175 Land Community, and 955 Land Community in Koh Kong province. Authorities suggested that supporters wait inside the court building, but they instead chose to remain outside to publicly call for their representatives’ release.

The nine activists are Ms. Phav Nheung, Ms. Det Huor, Ms. Yi Kunthea, Mr. Sok Chey, Mr. Heng Chey, Ms. Tin Tang, Mr. Lang Cheav, Ms. Seng Lin, and Mr. Yoeut Khmao. They were each charged with incitement following their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice.

29 August 2023

Equitable Cambodia (EC) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) today are releasing Debt Threats: A quantitative study of microloan borrowers in Cambodia’s Kampong Speu province. The report features findings from a survey of 717 households.

The research shows that widespread over-indebtedness has led to significant numbers of serious human rights abuses – including hunger, child labour, and coerced land sales – across Kampong Speu province. Borrowers are making unacceptable sacrifices to repay loans that are overwhelmingly collateralised with land titles, and that often far exceed borrowers’ incomes and ability to repay.

15 August 2023

The Koh Kong Provincial Court this afternoon convicted 10 Koh Kong land activists of malicious denunciation and incitement to disturb social security, including three activists who have been detained in prison since June on separate cases. Around 60 community members from 197 Land Community and 955 Land Community gathered outside the court in support of the activists as the verdict was read.

The 10 convicted activists are Chhan Chheurn, Det Huor, Erb Vy, Erp Teung, Heng Chey, Inn Thou, Kert Nov, Kong Men, Puo Houn, and Sok Chey. All 10 were sentenced to one year’s imprisonment and ordered to collectively pay 40 million riel (approximately US$9,600) in compensation to tycoon Heng Huy. Erb Vy’s sentence was fully suspended, while the remaining nine intend to appeal the verdict.

Det Huor, Heng Chey and Sok Chey were already detained in Koh Kong Provincial Prison as a result of separate cases, and were transported to the court in a blacked out police van. They will remain in prison on those separate charges, while no arrest warrants were issued for the six other activists whose sentences were not suspended, indicating they will remain out of prison pending appeal.

4 August 2023

Three Koh Kong land activists were this week found guilty of criminal charges including defamation, incitement, and malicious denunciation for their peaceful activism in defence of their communities’ land rights.

On 2 August 2023, the Koh Kong Provincial Court found two women activists guilty of defamation and incitement to disturb social security. Phav Nheung and Seng Lin were sentenced to one year’s imprisonment each and ordered to pay 40 million riel (approximately US $9,600) in compensation to the plaintiff. Both were the target of a complaint launched by former community representative Chhay Vy, whom the women had accused in 2019 of having seized land. The charges were dropped against a third woman, Khorn Phun.

In a separate case this morning, the Supreme Court upheld the verdict of the Sihanoukville Appeal Court against a third land activist from Koh Kong, Det Huor. Huor was convicted of malicious denunciation and defamation following a complaint made by tycoon Heng Huy about Huor’s Facebook post dated September 2021. Huor was sentenced to one year’s imprisonment and a 2 million riel fine (approximately US $500), which was reduced to 6 months’ imprisonment and a 1 million riel fine both suspended by the Sihanoukville Appeal Court in October 2022. The Supreme Court’s judgment upholds this decision.

2 August 2023

The Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC) will carry out a compliance investigation of six microfinance lenders in Cambodia and four intermediaries over harms caused by over-indebtedness and predatory lending.

The CAO’s investigation was initially announced on 13 June 2023, but was delayed after IFC management requested the IFC Board to review the CAO’s decision. This was the first ever request of its kind, made using a 2021 amendment to the CAO policy that allows for such reviews under narrow, technical grounds only. The IFC later withdrew its request on the last day of the review period without explanation. The CAO noted a policy requiring “any request” to be published, but also said a decision on whether to publish this withdrawn request is “pending.”

The CAO’s Compliance Appraisal Report determined that an investigation was warranted. In this report, the CAO stated it had found preliminary indications of harm and that the IFC may not have complied with its own policies. The report noted that those harms are plausibly linked to IFC’s potential non-compliance.

18 July 2023

The Board of Directors of the International Finance Corporation (IFC) has granted itself additional time to review a decision by its independent accountability mechanism to open an investigation into IFC microfinance investments in Cambodia. The Board has until 28 July 2023 to uphold or overturn the decision to investigate.

The IFC is a member of the World Bank Group, and it has made significant investments in Cambodia’s microfinance industry. Following a complaint, the independent accountability mechanism of the IFC – the Compliance Advisor Ombudsman (CAO) – completed, among other steps, a seven-month-long review and on 13 June 2023 “concluded that an investigation is merited". On 29 June, IFC management requested that the Board review the CAO’s decision, by activating a never-before-used 2021 amendment to the CAO Policy.

Twenty-four stakeholders, including LICADHO, wrote a joint letter to the Board on 12 July 2023 outlining concerns about IFC management’s request for Board review. The letter reminds the Board that CAO Policy limits their review to narrow technical criteria, and that the Board is explicitly prohibited from making a judgement on the merits of the complaint.

10 July 2023

Citizens, political party representatives and civil society groups, including NGOs and activists, congregated today to mark the seventh anniversary of Kem Ley’s murder. They continue their call for a genuine and impartial investigation into his death to establish the truth and secure justice for him and his family.

6 July 2023

We, the undersigned, call for the baseless charges of incitement against 10 land activists from three communities in Koh Kong province to be immediately dropped, and for their unconditional release. These activists did nothing but peacefully raise concerns and speak out in defence of their land and fellow community members, but have been harassed and imprisoned for doing so.

The 10 activists were arrested and charged with incitement under Articles 494 and 495 of the Criminal Code on 29 June 2023. Nine of them are currently in pre-trial detention in Koh Kong provincial prison; one was released on bail with restrictive conditions. The charges followed their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice. If convicted, each activist faces up to two years in prison and a fine of up to 4 million riel (about US$1000).

3 July 2023

The ombudsman of the International Finance Corporation (IFC) has determined that a compliance investigation is warranted in response to a complaint that IFC’s investments in six microfinance institutions in Cambodia, as well as four funds and investors, contributed to harms suffered by Cambodian borrowers. However, in an unprecedented move, IFC management has requested that the IFC Board review the ombudsman’s decision – which could delay or end the compliance investigation process.

The Board has 10 working days to review the request. It may either allow the compliance investigation to move forward, reverse the CAO’s decision, or give itself additional time to review the request.

“An investigation is a crucial step toward justice and remediation for Cambodian borrowers who continue to suffer due to predatory lending,” said Naly Pilorge, outreach director of LICADHO. “The IFC management’s request for board review, after the CAO decided an investigation is merited, is a shameful ploy to avoid scrutiny. The IFC needs to prove that it is committed to accountability through the CAO and stop trying to corrupt an independent process.”

30 June 2023

At least nine land activists from four communities in Koh Kong province were arrested on 29 June 2023 and charged with incitement under Articles 494 to 495 of the Criminal Code for attempting to submit a petition to the Ministry of Justice.

On 29 June 2023, authorities blocked land community members in Sre Ambel district from travelling to Phnom Penh to deliver their petition. Community representatives from four land communities were questioned, after which 11 of the activists remained in custody and were transferred to Koh Kong provincial police station in Khemarak Phoumin town. The land activists were held overnight, in addition to the six-year-old child and 18-month-old baby of two of the activists, both of whom slept at the police station alongside their mothers. The six-year-old child’s father was called to collect the child this morning, when the 11 activists were transferred to the Koh Kong provincial court. Ten were ordered to be held in pre-trial detention in Koh Kong prison. Other community members were prevented from gathering outside the court in support of their representatives.

Around 100 community members had planned to travel to the capital yesterday to submit a petition asking Minister of Justice Koeut Rith to intervene for charges to be dropped against 30 land activists from five communities. Four vans were initially prevented by police from travelling that morning, with only one van able to continue to Phnom Penh.

28 June 2023

We, the undersigned organisations, call on the Cambodian and Italian governments to immediately halt the reopening of intercountry adoptions. Cambodia has not enacted safeguards that will sufficiently protect the best interests of the child or prevent reoccurrences of the severe fraud and corruption that marked intercountry adoptions in the past.

Multiple countries banned intercountry adoptions from Cambodia throughout the 2000s following widespread evidence of illegal and unethical practices. These included Cambodian authorities and orphanage staff falsifying documents to declare some children orphaned or abandoned, often altering their names and birthdates. Children were then adopted abroad without their parents’ knowledge or informed consent. As a result, Cambodia itself suspended intercountry adoptions in 2009.

19 June 2023

The Supreme Court this morning denied bail to opposition leader Thach Setha, upholding the decision of the Phnom Penh Municipal Court.

Thach Setha is the vice president of the Candlelight Party and was charged with incitement to commit a felony and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code in April 2023. The charges stemmed from comments made to Cambodian migrant workers abroad, and he was ordered to be held in pretrial detention.

The 70-year-old opposition leader appealed, arguing that judicial supervision conditions would be sufficient and that his health conditions could not be adequately treated in prison. However, the order of pretrial detention was upheld by the Appeal Court in May 2023.

19 June 2023

Every day, there are people across Cambodia working tirelessly to defend everyone’s rights and freedoms. They do so in the face of relentless persecution, often at the hands of authorities.

These human rights defenders include farmers, company employees, and students who share in the struggles of their communities. Their efforts do not always receive the recognition they deserve, but remain immensely valuable in shaping the future.

1 June 2023

On Children’s Day 2023, amid a soaring number of minors detained behind bars, LICADHO calls on the Cambodian government, including the Ministry of Justice, Ministry of Interior and courts, to immediately address the ongoing crisis of children unnecessarily growing up in Cambodia’s inhumane prisons.

The number of minors detained in the 19 prisons monitored by LICADHO has soared by more than 30% over the last year according to information provided by prison administrations, reaching 1,658 minors in April 2023. More than 96% of them are boys, 52% of them were in pre-trial detention, and a further 37% were awaiting a final verdict.

31 May 2023

The Supreme Court this morning rejected the appeals of nine current and former political, social, and youth activists. The court upheld the incitement convictions against current and former Khmer Thavrak activists Chhoeun Daravy, Hun Vannak, Tha Lavy and Eng Malai; Khmer Student Intelligent League Association (KSILA) activists Koet Saray, Moung Sopheak and Mean Prummony; and former Cambodia National Rescue Party (CNRP) members Chhour Pheng (also known as Chhou Pheng) and Chum Puthy (also known as Tum Vuthy, or Chhum Vuthy).

The Supreme Court upheld the lower court’s sentencing of the activists to 20 months in prison with between five to six months of their sentences suspended. Daravy, Vannak, Pheng and Puthy were sentenced to serve 15 months in prison, while Saray, Sopheak, Prummony, Lavy and Malai were sentenced to serve 14 months. All nine defendants were also each fined 2 million riel (US$500).

The activists were arrested in August and September 2020 and held in pre-trial detention, which was credited to their sentences. All nine activists were released from prison in early November 2021, but remain under a two-year probation period with restrictive conditions until November 2023.

26 May 2023

Members of land communities from Koh Kong, Svay Rieng, Kampong Speu, Preah Vihear and Tbong Khmum provinces continued to gather to demand the release of three Coalition of Cambodian Farmer Community (CCFC) staffers who were arrested on 18 May.

Theng Savoeun, the association’s president; Nhel Pheap, senior organizing officer; and Thann Hach, community facilitator officer, were charged by the Ratanakiri Provincial Court with plotting against the nation and incitement under Articles 453 and 494-495 of the Criminal Code, respectively. All three are currently in pre-trial detention in Ratanakiri prison.

Authorities have also threatened representatives from land communities in Svay Rieng, Kampong Speu, Koh Kong and Tbong Khmum provinces with arrest if they continue to gather in Phnom Penh.
This follows a series of gatherings between 19 and 22 May 2023 of land community members from Koh Kong, Preah Sihanouk, Svay Rieng, Kampong Speu, and Kandal provinces.