A/HRC/30/NGO/X

United Nations

General AssemblyDistr.: GeneralXX August 2015
English only

Human Rights Council
Thirtieth session
Agenda item 10
Technical assistance and capacity-building

Written statement* submitted by Human Rights Now, a nongovernmental organization in special consultative status
The Secretary-General has received the following written statement which is circulated inaccordance with Economic and Social Council resolution 1996/31.
[31 August 2015]*GE.15-This written statement is issued, unedited, in the language(s) received from the submitting
non-governmental organization(s).

A/HRC/30/NGO/XThe Deteriorating Human Rights Situation in Cambodia
1. BackgroundCambodia has seen a troubling escalation in human rights violations over the last two years
following a repressive turn of the Cambodian People’s Party (CPP) led government against its
critics. This campaign of repression follows the 2013 election marred by irregularities andaccusations of fraud which triggered peaceful protests of historic proportions.
Violations include: Harassment and arbitrary detention of government critics, human rights defenders, andopposition leaders by a CPP-controlled judiciary; Crackdowns on peaceful demonstrations with excessive and sometimes lethal use of force
by security forces; Restrictions on rights to free expression; and A series of legislation eroding basic freedoms, including the Law on Associations and NonGovernment Organizations (LANGO), which limit the formation and activity of civil society
and grassroots organisations with vague and discretionary rules, restricting citizens’ right toassociation.
These developments are fueled by the ruling CPP’s grip on all state institutions, including armedand security forces, the judiciary, and state agencies, which are used to silence any independent oropposition voice in order for the ruling party to retain its hold on power against any criticism oropposition.
Perennial human rights problems also continue in Cambodia, such as denials of land rights, humantrafficking, torture, poor detention conditions, lack of meaningful engagement with UN humanrights bodies and mechanisms, and impunity for human rights violators. These problems involve or
threaten a variety of human rights violations, including fair trial rights; rights to freedom ofexpression, association, and peaceful assembly; and rights to life and freedom from inhumantreatment.
Human Rights Now (HRN), a Tokyo-based international human rights organization, is concerned
about this rise in human rights violations and calls on Cambodia to meet its international obligations,
including by legal and institutional reforms. We also call on UN Human Rights Council members toclosely monitor the human rights situation in Cambodia and support a resolution in the next session
to extend the mandate of the UN Special Rapporteur on the situation of human rights in Cambodia,
and to call on Cambodia to meet its obligations with concrete steps.
This report provides an overview of two of these recent issues, arbitrary detentions and the LANGO,
including relevant laws they violate under both Cambodian and international law. The report thenends with recommendations.
2. Harassment and Arbitrary Detention of Government Critics
In the wake of the government’s recent campaign against all political opposition, there have been
numerous cases of judicial harassment and arbitrary detentions of opposition members and activists,2

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human rights defenders, community activists, trade union leaders, and youth leaders. The campaign
is sustained by government control over the judiciary and the absence of any fair trial standards.
These cases include: The conviction of 11 members and supporters of the Cambodia National Rescue Party(CNRP), in one of the worst miscarriages of justice in 2015, for “insurrection” relate crimes
based on events at a demonstration in July 2014, despite a total lack of evidence; 1
 The subjection of seven CNRP members of the National Assembly to outstanding
insurrection charges related to the 2014 demonstration, with the ruling party warning thatthey are not protected by parliamentary immunity; The arrest of serving opposition Senator Hong Sok Hour after the Prime Minister accused
him of treason for comments on a border dispute with Vietnam;
 The detention of Kong Raya, President of the Cambodia Student Network, for “incitementto commit a felony” after posting critical comments on Facebook; The detention of three activists from the NGO Mother Nature for protesting unlawful sanddredging; The arrest of two activist monks, which they state is due to their high-profile activism; The charging of Ny Chakrya, Head of Human Rights and Legal Aid Section of the NGO
ADHOC, with “defamation” related charges after he criticized the arbitrary detention ofvillagers involved in a land dispute.2
Between July 20 and August 20, a total of 21 individuals were convicted or detained for criticism oropposition to the government. Others remain at high risk of arrest. Such cases highlight a situationof arbitrary prosecution for politically motivated reasons and violate Cambodia’s Constitutionalrights to fair trial3 and its guarantee of the “independence of the judiciary and the doctrine of theseparation of powers”, which requires a separation of the judiciary from government control as apolitical instrument.4
3. LANGO and the Attack on Freedom of Association
On 12 August 2015, Cambodia promulgated a new Law on Associations and Non-Government
Organisations (LANGO). The LANGO creates a mandatory registration system for all domestic andinternational citizens groups, nongovernment organisations (NGOs), and associations, under abroad definition that covers virtually any form of citizens’ group.5 Any activities by unregistered1

http://www.licadho-cambodia.org/pressrelease.php?perm=389, http://www.bbc.com/news/world-asia33611441; https://www.hrw.org/news/2015/07/21/cambodia-exonerate-11-wronglyconvicted-activists. The charges of insurrection are listed under Cambodia Criminal Codearticles 456, 457, and 459.
2https://www.fidh.org/International-Federation-for-Human-Rights/asia/cambodia/cambodia-judicialharassment-against-mr-ny-chakrya. The charges are listed under Cambodia Criminal Codearticles 305, 311 and 522. http://www.adhoc-cambodia.org/?p=5416. The dispute was withTakhmao Community in Siem Reap province.
3Cambodia Constitution article 31 guarantees fair trial rights through its incorporation of the UDHR,ICCPR (Art. 19 of which establishes a right to fair trial), and other instruments. Cambodia
Constitution articles 38 and 128 also guarantee various fair trial rights.
4
Article 51, Cambodian Constitution. Surya P. Subedi, Report of the Special Rapporteur on the situation of humanrights in Cambodia, UN Document, A/HRC/27/70, 15 August 2014.
5
LANGO Article 4.

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organizations are deemed illegal6 and subject to administrative penalties up to 10 million riel aswell as prosecution for repeat offenders. 7
Moreover, registered organizations are obligated to be “politically neutral.” The vague definition ofthis standard and the absolute discretion granted by law to the CPP-controlled Ministries of theInterior (MOI) and Foreign Affairs and International Cooperation in registering and de-registering
domestic and foreign organizations, respectively, allows the government to cite political bias as apretext for shutting down any organization, such as governmental critics, opposition parties, unions,land activist organizations, communities contesting land disputes, 8 and human rights NGOs.9
Without clear and non-discretionary standards, even organizations attempting to follow the law ingood faith may still be prevented from registering and rendered illegal, creating a serious chilling
effect on the speech and activities of even constructive organizations.
LANGO is inconsistent with Cambodia’s obligations under both international and domestic law,
beginning with freedom of association guaranteed by ICCPR Article 22 and the Cambodian
constitution Article 42.10 Cambodia’s 2011 Civil Code further regulates non-profit corporations
with the explicit goal of developing a democratic civil society, which LANGO’s anti-democraticrestrictions both contradict in word and hinder in spirit. HRN is deeply concerned that the farreaching discretion reserved by the ruling party to implement LANGO will cripple the ability for a
democratic Cambodian civil society to meaningfully emerge, as LANGO threatens the existence of
all associations, places their activities at the mercy of the government, and disallows any critique ofgovernment policy. 114. Recommendations
Human Rights Now offers the following recommendations.
To Cambodian authorities:1) Conduct an independent, impartial, and fair appeal hearing to review the unfair
conviction and lack of evidence against the 11 opposition activists, and exonerate andrelease them accordingly. Also conduct independent, impartial, and fair processes for othercharged and detained opposition activists and dismiss their cases accordingly.

6LANGO Article 9. Article 34 further contains measures to terminate foreign NGOs and associations thathave not been registered or have had their MOU terminated. It also includes sanctions
against foreign staff of such organizations, such as deportation or criminal penalties.
7
LANGO Article 32. 10 million riels is equivalent to $2500 USD, €2200 EU, and ¥305,000JPY.
8
https://www.cambodiadaily.com/news/kratie-families-in-land-dispute-feel-effects-of-ngo-law-91796
9
http://hrn.or.jp/eng/news/2015/07/16/announcement-of-750-billion-yen-capital-support-at-the-japanmekong-summit-meeting-brings-concern-of-critical-human-rights-situations-in-cambodiathailand-and-myanmar-by-kazuko-ito/. Foreign organizations or NGO violating thepolitical neutrality conditions under Article 24 will have their memoranda of understanding(MOU) with the Cambodian government invalidated, required for their operation, Article
33, LANGO.
10
http://hrn.or.jp/eng/news/2015/06/29/joint-statement-demanding-a-thorough-revision-of-the-draft-lawon-associations-and-non-governmental-organizations-lango-in-cambodia/
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Freedom of Expression is guaranteed in Cambodia by Article 22 of the ICCPR and its incorporation
into the Cambodia Constitution via Article 31. http://hrn.or.jp/eng/news/2015/06/29/jointstatement-demanding-a-thorough-revision-of-the-draft-law-on-associations-and-nongovernmental-organizations-lango-in-cambodia/

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2) Drop all the charges against human rights defender Ny Chakrya;
3) Stop the prosecution of political or critical speech on issues of public interest to ensure
freedom of expression.
4) Amend LANGO provisions undermining freedom of association, revising them inaccordance with international human rights standards, including Article 22 of the ICCPR. In
particular, remove mandatory registration and the ability of ministries to de-registerorganizations based on broad and ill-defined terms at their discretion.
To the UN Human Rights Council:5) Call on the Cambodian government to make necessary revisions to LANGO inaccordance with international human rights standards.
6) Adopt a resolution at the 30th Human Rights Council session to extend the mandate of
the UN Special Rapporteur on the situation of human rights in Cambodia, and to raise issuesof concern about Cambodia’s violations of rights to peaceful assembly, association, andexpression; fair trail rights and threats to government critics and human rights defenders;
and lack of judicial independence.
7) Call on Cambodia to meaningfully cooperate with UN human rights bodies andmechanisms, including the current Special Rapporteur, Ms. Rhona Smith.

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