Decline of the Freedom of Expression, Press, and Association Cambodia: Democracy in Danger
Universal Periodic Review 46th Session
Review of the Kingdom of Cambodia - 4th Cycle
8th May, 2024
By Aline Aymon / GICJ
Executive Summary
On 8 May 2024, the Universal Periodic Review (UPR) Working Group of the UN Human Rights Council conducted its fourth periodic review of the human rights situation in Cambodia. The State submitted its report on 15 February 2024. Considering the recommendations made by Special Rapporteurs and treaty body experts, the Human Rights Council and other relevant stakeholders delivered reports compiled on different human rights issues in Cambodia.
As part of the interactive dialogue, Cambodia addressed and justified some of the concerns raised by international delegations. The topics discussed during the UPR included Freedom of Expression, Press, and Association, transparency and accountability of the Cambodian judiciary system, the rights of workers, and the rights of women and children. Upon the end of the review, Cambodia received 275 recommendations.
Despite the statements of the Government claiming their dedication to a long-lasting collaboration with the UN and its human rights institution, as well as the partial successes achieved in topics such as human trafficking and women’s and children’s rights, democracy stands at risk in Cambodia. Governmental restrictions to the activities of activists and independent media, a corrupt judiciary system, and a final statement by the Cambodian delegation stating a refusal to consider concerns related to the Freedom of Press and Expression highlight an evident lack of respect for the fundamental rights of the Cambodian citizens.
Geneva International Centre for Justice (GICJ) urges Cambodia to allow citizens and the press to freely exert their Freedom of Expression without threatening violence, intimidation, or prosecution. Furthermore, GICJ calls for Cambodia to enable human rights and environmental activists, members of the opposition party, and journalists to exercise their right to freedom of association without the threat of an unfair prosecution by a corrupt judiciary system.
Background
The Universal Periodic Review (UPR) established in 2006 is a UN mechanism that aims (Res. 60/251) to examine the progress made by countries in compliance with their obligations under international law. UN member states are examined during each cycle, the current one being the fourth cycle. Cambodia was first reviewed in December 2009, then in January 2013, and finally in January 2019. Cambodia submitted its national report for the fourth cycle of the UPR in February 2024.
The State had received 198 recommendations during its 3rd review in January 2019. Of these recommendations, Cambodia had accepted 173 and noted 25. These recommendations included civil and political rights concerns, such as the right to participate freely in public and political life. They also related to social rights such as the right to just and favourable conditions of work and the rights of women, children, and indigenous people.
Some of these past recommendations have not been duly considered and implemented by the Cambodian government. Considering the recommendations made by Special Rapporteurs and treaty bodies experts, the Human Rights Council and relevant stakeholders delivered reports compiled on current human rights issues in Cambodia for its 4th UPR. Recommendations were given regarding the apparent lack of respect for the Freedom of Press, Expression, and Association, and the need to build institutional transparency and objectivity has been highlighted. Further suggestions were shared regarding workers' rights, women's, and children.
Cambodia’s Opening Statements
The floor was first given to Mr Sothie Keo, Head of Delegation and Vice-Chair of the Cambodian Human Rights Committee, who introduced Cambodia’s national report. He highlighted that Cambodia has established close collaboration with various UN human rights mechanisms, and is one of the only Asian-Pacific States that has allowed, facilitated, and prolonged the mandate of the Special Rapporteur. Mr Keo then stated that Cambodia’s participation in the last three UPR cycles has strengthened their existing national human rights protection systems. Additionally, new policies resulting from the accepted recommendations of the previous UPR include the successful and final draft law on the establishment of a national human rights institution.
Regarding past achievements, Mr Keo stated that since 2009, millions of Cambodians have been lifted out of poverty and their life expectancy has improved, through peace, political stability, and the implementation of various social assistance programmes by the government. He added that despite global uncertainties, most of Cambodia's 17 Sustainable Development Goals are currently on track. Furthermore, the government aims to transform into a more digital government, by providing transparent public services in a more efficient manner, for instance through the use of Artificial Intelligence (AI).
Cambodia is also proud that its Constitution is one of the few which explicitly enshrines the UN Charter and human rights instruments. Indeed, Article 31 of the Constitution states that Cambodia shall respect human rights as stipulated in the UN Charter, the Universal Declaration of Human Rights, the Covenants and Conventions related to human rights, and women’s and children’s rights. Finally, he stated that Cambodia must act and collaborate with the UPR in objective transparency and insisted on the importance of all delegations engaging in a non-politicised and non-confrontational dialogue.
Mr Keo also importantly specified that a universal solution to all social, political and economic issues does not exist, but that human rights values are rather country-specific. As such, he specified that Cambodia considers and adapts these values within the context of its history and culture.
The floor was then given to Ms Long Sonita, Vice President of the Cambodian Human Rights Committee (CHRC), to present its achievements. She underlined the collaboration between Cambodia and the UN treaty bodies and relevant stakeholders, such as the OHCHR and the civil society. The CHRC contributes to the compilation of the human rights report to be submitted to the UN, and monitors the implementation of accepted recommendations.
To respond to the UN reports, the government has also established other important working groups, namely the Cambodian National Council for Women, the Cambodian National Council for Children, the Disability Action Council, the National Comittee Against Torture, and the Anti-Corruption Unit. Ms Sonita also stated that Cambodia is proud to have joined the only five other Asian states that possess a national human rights institution.
Then, the floor was given to Mr Dy Khamboly, Deputy Director General of Policy and Planning of the Ministry of Education, who presented some recent developments in the education sector of Cambodia. He stated that the government remained consistently engaged to furnish an equal, inclusive, and universal access to education, as all legal residents of Cambodia have access to the educational institution of their choice. He also insisted that the right to education for all was enshrined in the Cambodian Constitution, and that measures such as improving teacher training and digitalization had been taken to increase the quality of education. Education on LGBT has also been included in the curriculum, to increase understanding and decrease discrimination.
Interactive Dialogue
Right to Freedom of Press and Expression
The right to freedom of press and expression stands at risk in Cambodia. Indeed, in 2022, Cambodia ranked at 142 out of 180 countries in the World Press Freedom Index. In February 2023, following a report that displeased the government, the licence of the Voice of Democracy, one of the rare remaining independent media outlets of the State, was forcibly removed. Additionally, implemented policies and laws prevent the freedom of expression. For instance, the 2018 Inter-Ministerial Prakas No. 170 on the Management of Websites and Social Media prevents the distribution of news contents on websites and social media that the government considers as intended to cause social unrest, harm to the national defence and security sector, discrimination, and negative effects to the national culture and traditions. As such, numerous delegations have raised concerns regarding the restrictions of the freedom of press and expression.
Amongst others, Italy recommended Cambodia to Guarantee the right to freedom of opinion and expression, as well as the right to freedom of assembly and association, to provide an enabling environment for journalists, human rights defenders and political activists. Lesotho also stated that these rights should be respected as guaranteed in the International Covenant on Civil and Political Rights. New-Zealand suggested that Cambodia reverses the forced closure of media outlets and to repeal the provisions under the criminal code that criminalise defamation and restrict freedom of expression and assembly. Switzerland also recommended the erasure of Article 305 of the Cambodian Criminal Code, which states that any allegation or slanderous charge that undermines the honour or the reputation of a person or an institution constitutes defamation, as well as the amendment of the Law on the Press which currently stipulates that freedom of writing and publishing shall not infringe on the honour and dignity of others. Additionally, Estonia recommended the end of the closure and surveillance of online and offline media.
In response, Mr Sothie Keo stated that freedom of expression is guaranteed in Cambodia through international and national framework, and is also enshrined in Article 41 of the Cambodian Constitution which guarantees freedom of expression. He assured that over 2,000 media outlets, including those criticising the government, have been freely operating without censorship. He added that 65% of the Cambodian population are users of social media, which gives them the possibility to access a diverse range of information, as well as voice their opinion freely and without limitation. However, he argued that while the government supports freedom of press and opinion, it must also combat disinformation made with malicious intent, inciting violence and political unrest and deteriorating stability. As such, he stated that accountability and responsibility must go hand in hand with the exercise of rights.
Furthermore, Mr Keo argued that Cambodia supports the activities of activists and human rights defenders, and recognized their important role in the upholding of human rights. However, he argued once again that their activities go hand in hand with their responsibility, and as such face accountability when colliding with the law and threatening social order.
Right to Freedom of Association
Concerns have been raised regarding the right to freedom of association in Cambodia. Indeed, members of the political opposition parties and activists have been subjected to unfair accusations, trials, and prosecutions, and are sometimes even victims to physical violence or intimidation by the authorities. Labour rights unions and activists have also been detained under false accusations, and peaceful demonstrations have been violently disbanded. Thus, various delegations expressed their concerns and recommendations regarding the right to freedom of association.
For instance, Ireland suggested the amendment of the Law on Associations and Non-Governmental Organisations to comply with the International Covenant on Civil and Political Rights in a transparent and consultative process. This Cambodian law officially aims at safeguarding the right to freedom of establishing associations and nongovernmental organisations in the Cambodia, under the condition of being in their legitimate interests and protecting the public interest. New-Zealand recommended Cambodia to open up political and civic space and re-enfranchise political parties consistent with the guarantees in article 25 of the International Covenant on Civil and Political Rights, stating that every citizen has the right to participate in public affairs though freely chosen representatives. Additionally, the United States recommended the end of the judicial harassment of independent media, and the release of those unjustly detained for exercising their human rights and fundamental freedoms, including Kem Sokha (a leader of the political opposition) and Seng Theary (a political activist accused of “conspiracy to commit treason").
In response, Mr Som Chamnan was given the floor. He stated that Cambodia is one of the few States in Asia that allows workers and employers to form professional organisations of their choice, with the freedom to do so without any intimidation, so long as it is conducted without violating the rights of others or the law.
As such, he added that Cambodia provides workers with even better conditions to form trade unions than stipulated in ILO recommendations. Furthermore, Mr Chamnan argued that no trade union members had ever been arrested in Cambodia for their legal actions.
Building Institutional Transparency and Objectivity
Several delegations voiced their concern regarding the transparency and objectivity of the Cambodian institutions. Specifically, the judiciary system has been complicit in cases of unfair trials and prosecutions of different activists, members of the political opposition, or journalists of independent media. Problems of corruption have also been denoted by United Nations human rights experts.
Therefore, Norway recommended the implementation of judicial reforms safeguarding the independence and impartiality of the court system, court personnel and judges, in accordance with international standards. Additionally, various delegations highlighted the need for Cambodia to strengthen national human rights institutions in line with the Paris Principles.
Furthermore, Switzerland suggested impartial and independent investigations into the enforced disappearances to reveal the fate of the victims, as well as the strengthening of the independence of the Anti-Corruption Unit. Zambia also recommended the formation of an independent broadcasting authority, while Canada mentioned the need for implementation of transparent protection mechanisms to contest illegal land evictions and illegal use of environmentally protected lands.
Mr Neak Seakirin, Secretary of State of the Ministry of Justice, received the floor in response to those concerns linked to the impartiality and independence of the Cambodian institutions. He stated that Cambodia put into implementation a comprehensive framework to strengthen the independence of the judiciary, including the revision of three fundamental laws, i.e. the Law on the Organisation of the Judiciary; the Law on the Statute of Judges and Prosecutors; and the Law on the Organisation and Functioning of the Supreme Council of the Magistracy in accordance with national and international recommendations.
Mr Seakirin also mentioned that these revisions include measures such as the strengthening of the professionalism of the prosecutors, and the punishment of judges and prosecutors who do not respect ethics and professionalism.
Rights of Workers
Several delegations raised concerns about the protection of the rights of workers in Cambodia, such as the delegation of Luxembourg which suggested the protection of the rights of all workers in the formal and informal sectors, and ensure that they have adequate social protection and a decent wage. Paraguay, Senegal, and several other delegations also recommended Cambodia to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Additionally, Japan suggested a reduction to the risks to human rights in the context of business activities, including in the improvement of working conditions, and labour standards.
Rights of Women and Children
The rights of Cambodian women and children are currently not guaranteed in all circumstances, as highlighted by several delegations. Lesotho and Spain recommended the government to improve the protection of Women’s rights through the reform of the Law on the Prevention of Domestic Violence. Liechtenstein also suggested that crimes against women and children are thoroughly investigated and prosecuted, and specifically mentioned the need to develop policies to protect children’s right to privacy and digital safety.
Additionally, Mexico recommended the revision of several articles of the Civil Code to improve the protection of children. Indeed, the modification of articles 21, 22, 943, and 948 would set the minimum age for marriage at 18. Furthermore, the delegation recommended the prohibition of child and forced marriages and unions, as well as the implementation of awareness campaigns about their negative impacts.
In response, the floor was given to Ms Nhean Sochetra, the Director General of the Ministry of Women’s Affairs. She stated that the Government of Cambodia continues to prioritise and improve gender equality as well as women empowerment in all sectors. Indeed, it launched measures such as an increased investment in women in the economy and public leadership. It is also striving towards the empowerment of women from diverse backgrounds such as with disabilities, indigenous, or LGBT women.
The government also completed the National Action Plan to Prevent Violence against Women (2019-2023), which allowed for the violence against women to decrease. Furthermore, the development of the next Plan is underway. Additionally, Ms Sochetra stated that the prevention of child’s marriage remains an active priority for the Government, and is thus currently developing a National Action Plan to Prevent Child Marriage.
Rights of Indigenous People
The rights of indigenous people in Cambodia have concerned several human rights experts, particularly relating to their right to land which is threatened by illegal logging throughout the country. As such, Italy suggested Cambodia to consider adopting an adequate legal framework to recognize and protect the rights of indigenous people in relation to land and resources. Furthermore, Panama recommended the creation of programs aimed at preserving sustainable practices, history, languages and culture of indigenous people. Additionally, the United Kingdom recommended Cambodia to protect indigenous people’s rights in the implementation of land concessions and planned hydro-power dam construction, through their inclusion during prior consultation, coherent resettlement schemes, and financial compensation.
In response to these concerns about the rights of indigenous people, the floor was given to Mr Sok Rithichak, Advisor for the Ministry of Land Management, Urban Planning and Construction. He argued that the government has created policies of land registration and land rights for indigenous communities, who have thus been issued collective land titles for 42 communities, which represents over 1,000 titles for over 4,000 families. Furthermore, Mr Rithichak stated that the procedure for indigenous people to obtain collective land registration had been revised and facilitated.
Ending Human Trafficking
Despite partial achievements regarding human trafficking, the issue remains prevalent throughout the country. Migrant workers are especially vulnerable to these threats, and the efficiency of the past and current measures of the Government to tackle the issue is questioned. As such, numerous delegations voiced their concerns and recommendations to improve this issue. For instance, Mexico suggested a strengthening of the efforts to prevent, investigate and punish cases of human trafficking for sexual and labour exploitation, especially in cyber scam centres. The delegation also recommended Cambodia to guarantee sufficient protection and full reparation to the victims, addressing the particular needs of women and girls. Montenegro also stated the need to ensure efficient enforcement of the Law on Suppression of Human Trafficking and Sexual Exploitation, while Spain highlighted the numerous reported cases of workers being forced to work in online call centres under constant violence.
Ms Long Sonita received the floor to address this topic. She assured that the fight against trafficking, sexual exploitation, and forced labour, remains a top priority for the government, and that international cooperation and execution of the legal framework are constantly emphasised to put an end to human trafficking. She stated that the National Committee for Counter-Trafficking has strengthened collaboration with relevant stakeholders to extend its efficiency. Through law enforcement between 2019 and 2023, the authorities have solved over 900 cases related to human trafficking and sexual exploitation, as well as arrested over 1,000 suspects. Finally, Ms Sonita mentioned that a newer Action Plan to further combat human trafficking between 2024 and 2028 is also currently being developed.
Outcome of the Adoption of the Report
Ghana, one of the three rapporteurs of the troika for Cambodia, introduced the draft report's recommendations on 10 May. As a result of this fourth review, Cambodia received 275 recommendations. Cambodia is to examine these and provide responses in due time, but no later than the 57th session of the human rights council in September to October 2024.
In response, Mr Dara In, the Permanent Representative of Cambodia to the United Nations Office in Geneva, took the floor. He expressed his gratitude for the interactive dialogue and thanked the 4th UPR for the opportunity to demonstrate Cambodia’s commitment to protecting its people's human rights. He also highlighted Cambodia's relentless collaboration with the OHCHR.
However, regarding the freedom of press, expression, association and political participation, Mr In insisted that these freedoms were currency assured in Cambodia. Indeed, he claimed that citizens are able to voice their opinion through social media, and that constructive criticism as well as peaceful demonstrations against the government were welcome. He also added that civic society was completely free and open, but that all recommendations of the delegations will be duly examined regardless. Finally, Mr In concluded by stating that the position of Cambodia on the recommendations was not to be currently expressed, but rather upon examination during the 57th session of the Human Rights Council in September-October of 2024.
Position of the Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) urges Cambodia to amend all legislative measures infringing on the Freedom of Expression, Press, and Association. Further, we urge the government and relevant authorities to abandon the use of force to counter political opposition, to investigate and remodel its judiciary system to prevent all forms of corruption, to thoroughly implement policies and concrete measures to end human trafficking throughout the country, and to guarantee the rights of women, children, and indigenous people.
