A/HRC/27/NGO/X

United Nations

General AssemblyDistr.: GeneralXX August 2014
English only

Human Rights Council
Twenty-seventh 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.
[25 August 2014]*GE.14-This written statement is issued, unedited, in the language(s) received from the submitting
non-governmental organization(s).

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Human Rights Situations in Cambodia
1. Background
In Cambodia, serious human rights abuses continue to be perpetrated. Especially serious violations of the right topeaceful assembly and of the right to a fair trial (due to a lack of independence of the judiciary) recently haveoccurred.
In accordance with the following recent tragic violations in Cambodia, Human Rights Now (HRN), a Tokyobased international human rights organization, calls for the UN Human Rights Council to monitor closely thehuman rights situation regarding the violations of peaceful assembly and expression and to urge that theoppression of human rights activists be ceased immediately. Additionally, HRN calls on Cambodian authorities tocomply with international human rights law and immediately cease all violations and to protect defenders ofhuman rights who monitor and analyze the governance of Cambodia.
On 2 January 2014, the wage strike of the garment workers in Phnom Penh was violently suppressed as armed
soldiers chased and beat workers with slingshots, batons, and metal pipes, even though union leaders wereprotesting their wages peacefully. The following day, the suppression of striking workers by security forces
resulted in deadly violence, killing at least four people1. The two-day suppression of garment workers by security
forces also resulted in the injury of at least 38 people and the arrest of 23 individuals2. On 4 January, a group of
mixed security forces and thugs dispersed peaceful Cambodia National Rescue Party (CNRP) protesters atFreedom Park and the Ministry of the Interior declared a ban on all forms of gathering and marches3.
Ahead of the Labor Day holiday in May, the roads to Freedom Park and the park itself, originally designated as aspot to exercise the right of peaceful assembly and expression, were barricaded by police to prevent entrance intothe park.4 During 15-17 July 2014, eight members of CNRP, including seven Parliament Members-elect and ahigh profile CNRP youth leader, were arrested after violence broke out between protesters and security forces atFreedom Park during a demonstration requesting that the government withdraw its closure of the park5. The eight
members were released on July 22 only after the CPP and CNRP came to political agreement to conclude theprolonged political stalemate. All eight still face serious charges - including leading an insurrection - that can beused as a tool for political harassment at any time.
Additionally, three youth leaders of the CNRP were arrested and sent to the Phnom Penh Municipal Court on
August 2nd6. The youths were participating in a demonstration at Freedom Park on July 15th that saw eight adultmembers arrested7. One of the three leaders, Mr. Khin Chamrouen, the head of the CNRP’s Phnom Penh Youth1

Aljazeera “Cambodia garment workers’ strike turn deadly” January 3, 2014. Available at:
http://www.aljazeera.com/news/asia-pacific/2014/01/cambodia-garment-workers-strike-turns-deadly2014134464180721.html
2
LICADHO and FIDH “Report for the Human Rights Committee’s Task Force for the adoption of the list of issues
on Cambodia” Available at: http://www.licadho-cambodia.org/reports/files/196FIDH+LICADHOSubmissionHRCTaskForce2014-English.pdf
3Ibid.
4
The Cambodia Daily “Freedom Park Locked Down Ahead of Labor Day” May 1, 2014. Available at:
http://www.cambodiadaily.com/news/freedom-park-locked-down-ahead-of-labor-day-57846/
5
Human Rights Watch (2014) “Cambodia: Drop Cases Against Opposition Politicians.” Available at:
http://www.hrw.org/news/2014/07/17/cambodia-drop-cases-against-opposition-politicians (Accessed on 2014/8/16)
6
The Cambodia Daily“Three CNRP youth leaders arrested; One in Prey Sar” August 2, 2014. Available at:
http://www.cambodiadaily.com/news/three-cnrp-youth-leaders-arrested-one-in-prey-sar-65586/
7
Ibid.

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party, was sent to Prey Sar prison after he refused to answer to questioning8. This arrest occurred during thediscussions concerning constitutional amendments between the CPP and CNRP9.
2. Violations of the right to peaceful assemblyFirst, HRN is concerned over the loss of democratic processes in Cambodia since 2013. After the generalelection on July 28th, 2013, the opposition party called investigations into evidence of fraud and otherirregularities by the CPP, who took 68 out of 123 seats in the national assembly. Though the right to peacefulassembly is currently under intense restrictions and control by the Cambodian government, the opposition parties
continue to call for the protection of this right However, the government has consistently marred the politicalprocess by obstructing the activities of opposition parties Moreover, the government has either directed or allowed
the suppression of peaceful demonstrations as striking workers have been attacked by police, military police, army
soldiers, district security guards, and private security firms. For example, between January and September 2013,
there were at least seven incidents of violence against striking workers, resulting in 41 injuries.
In 2014, the persistent and sometimes lethal suppression of peaceful assemblies intensified as mentioned above.
Furthermore, the latest suppression – against Lor Peang villagers - was reported on 12 August10. More than 50villagers from the Lor Peang community, who had begun their 60 km-long peaceful march from Kampong
Chhnang province to Phnom Penh calling for a resolution to their long-standing land dispute, were suppressed bya large group of police and military police officers. Three villagers were arrested and sent to the provincial court.
The right to assembly is one of the most basic human rights. Without technology, assembly is the easiest way for
individuals to express their own opinion to the government. As long as assemblies are held peacefully, ademocratic government should not seek to suppress them.
3. Lack of Independence of the Judiciary
HRN is also concerned about the inability of the judiciary to serve as a check on executive power, as clearly
illustrated by the events mentioned above. Under the Cambodian Criminal Code, those charged with leading aninsurrectional movement (Article 459), incitement to commit a felony (Article 495), and instigating aggravated,
intentional violence (Article 28 and 218),11if found guilty, will be imprisoned for up to 30 years.12Even though the eight CNRP members who were arrested in connection with the violence of July 15 in Freedom
Park were released, they are still accused of violating the Cambodian Criminal Code articles 28, 218, 495, and 459.
According to the 23 national NGOs joint statement, eye witnesses and video evidence from July 15 demonstratethat there is absolutely no evidence against the eight that could justify the charges.
One of the three CNRP youth leaders, who were arrested on August 2, was also accused of the same crimes as theeight CNRP officials. Specifically, Chamreun was charged under Article 28, 218, 459, 495. San Kimheng andNeang Sokhun were accused of aggravated intentional violence (Article 218), aggravated obstruction of a publicofficial (Article 504), and participating in an insurrection (Articles 456 and 457). These charges are said to be“purely politically motivated”13. Thus, the judiciary is not independent and these arbitrary arrests violate the rightto peaceful assembly as well as the legitimacy of political dialogues and processes.

8Ibid.
LICADOH. Flash News: Three CNRP youths leaders denied bail by Phnom Peng Municipal Court. Available at:
http://www.licadho-cambodia.org/flashnews.php?perm=75
10LICADHO “LICADHO Condemns the Violent Crackdown of a Peaceful March by La Peang Villagers” Available
at: http://www.licadho-cambodia.org/pressrelease.php?perm=352
11LICADHO “Seven Opposition MPs Detained Amid Ongoing Restrictions on Peaceful Assembly” Available at:
http://www.licadho-cambodia.org/pressrelease.php?perm=350
12Ibid.
13“Abuse of the Court to Suit Political Agenda Must Cease and Charges against CNRP Members Dropped”
http://www.licadho-cambodia.org/pressrelease.php?perm=351
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Baseless charges against human rights defenders and participants in peaceful assemblies must be avoided. Suchcharges have chilling effects on people’s motivations to exercise their rights of expressions and assembly. Even if
the administration and the police go out of control, the judicial power must remain independent and able to checkexecutive power in terms of the rule of law.
4. Recommendations
Human Rights Now (HRN) recommends the following to the Cambodian authorities:
1) To guarantee the constitutional right to peaceful assembly for all Cambodians to be put into immediate effectby lifting the existing restrictions on assembly.
2) To secure the independence of the judiciary and rule of law, to stop the political abuse of the legal system by
the ruling party, and to ensure the fair treatment of those arrested in strict accordance with human rights
standards relating to the administration of justice.
3) To establish or strengthen those state institutions responsible for human rights implementation andindependent monitoring.
4) To conduct independent and transparent investigations on the killing, injuries, and disappearance of people
who participated in peaceful demonstrations and clarify those responsible.
5) To carry out a comprehensive reform of not only the judiciary but also parliament so that the situation whichhas prevailed since the National Assembly elections in July 2013 does not repeat itself
HRN requests that the UN Human Rights Council closely monitor the current human rights situation in Cambodia
and take necessary action in relation to the above compelling problems.

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