A/HRC/15/47
30.
The Office brought to the attention of government authorities several instances
where human rights defenders were being accused, investigated or charged with incitement
and defamation. An emblematic case was that of Pen Bunna, the provincial coordinator of
the Cambodian Human Rights and Development Association (ADHOC) in Rattanakiri, and
Radio Free Asia Reporter Ratha Visal, who are being investigated by the provincial court
for “incitement” to unspecified criminal offences, incitement of villagers to violence and to
illegal occupation of land. The Office sought to discuss the case with the provincial
authorities and the court to explore possible solutions, to little avail. It issued a statement in
September 2009, calling for an end to the intimidation and harassment of human rights
defenders in Rattanakiri Province. The same month, the Office proposed to the CHRC that
a joint visit to Rattanakiri be made to assess the situation of human rights defenders and to
jointly look for possible solutions. The Office did not receive a reply. Mr. Bonna remains
under investigation.
31.
In late 2008, the Government announced its decision to adopt an NGO law. As part
of its effort to support the development of civil society and to foster an environment of
cooperation between it and the Government, the Office analyzed the legal environment and
context of this initiative. While respecting the Government prerogative to decide its
legislative agenda, the Office questioned whether the law was legally necessary, since
existing and planned legislation, in combination with self-regulation, appear to be sufficient
to regulate the status and activities of NGOs. It also cautioned that the initiative could be
premature, given the uneasy relationship between NGOs and the Government. The
Government has responded that it perceives that some organizations in Cambodia have
been operating anarchically under the name of “civil society”. The Office offered to
facilitate dialogue between the Government and civil society prior to the development of
the law. By June 2010, the Ministry of Interior was finalizing a first draft, and considering
the convening of a national consultation to seek input from stakeholders. The Office
proposed that it review the draft, and the Ministry accepted.
32.
In this context, in January 2010 the Special Rapporteur on the situation of human
rights in Cambodia, Surya Subedi, proposed to the Prime Minister that they, together with
NGOs, explore avenues to improve dialogue between Government and NGOs. The Prime
Minister accepted, expressing the view that cooperation from development NGOs was
welcome but that other NGOs, such as human rights advocacy groups, should remain in
their roles and not act as political parties or proxies for them. The Office has been
facilitating discussion amongst civil society groups to develop concrete proposals.
33.
The Office commented on several deportation cases which had undermined the
refugee protective framework gradually established in the past decade, after Cambodia’s
accession to the 1951 Convention Relating to the Status of Refugees.
34.
In October 2009, with the Cambodian Human Rights Action Committee (CHRAC),
the Office organized a one-week training course for 35 human rights NGO staff on the
methodology of the documentation of human rights violations and the use of the United
Nations human rights mechanisms to help them engage better with these. A follow-up
training course is being developed focusing on further human rights monitoring methods,
an area participants identified as a priority.
IV.
Land and livelihood
35.
The Land and Livelihood programme seeks to contribute to protecting the rights of
the poorest urban and rural communities, which are being dispossessed of their land or
housing in the context of land disputes, land grabbing by powerful individuals or groups, or
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