A/HRC/21/35 23. Despite the above-mentioned concerted efforts to engage in awareness-raising and skills training, the ability of individuals and groups to exercise fundamental freedoms peacefully continues to be challenged. Of particular concern is the general trend towards an increased and disproportionate use of force, including the use of live ammunition against protesters, by State authorities and private security guards as a means to control protesters. These instances of violence were predominantly unprovoked, and primarily related to land disputes. In addition, OHCHR noted at least one instance in which a protest relating to a labour dispute resulted in the disproportionate use of force, including the shooting of three protestors.1 24. The increase in the use of force in responding to the exercise of these freedoms has been accompanied by worrying trends in the use of the Penal Code. Cambodians continue to risk charges of incitement for exercising their right to freedom of expression. The widespread use of disinformation charges under the former criminal code has now been replaced by charging individuals with various crimes of incitement under the new code. Furthermore, in many cases, the courts did not appear to comply with the obligations set out under article 19 of the International Covenant on Civil and Political Rights in proving an exception to the exercise of this right, nor did the convictions imposed by the courts appear to be necessary and proportionate when the facts of the cases are considered. 25. Further irregularities were noted in relation to other court cases involving the exercise of fundamental freedoms, the most recent of which resulted in the sentencing of 15 land activists to a jail sentence of two years and six months after proceedings that took half a day and during which no defence witnesses were called. On 27 June 2012, the Court of Appeal upheld the sentence of the court of first instance, but suspended all but the time they had already spent in jail (one month and three days). 26. OHCHR notes that Cambodia accepted a number of recommendations made during its universal periodic review calling for a review of the Penal Code with a view to ensuring its compliance with the permissible limitations to freedom of expression as defined in the International Covenant on Civil and Political Rights. 27. In addition to monitoring both demonstrations and the courts, OHCHR continued to monitor the Prey Speu Social Affairs Centre on the outskirts of Phnom Penh. Serious concerns remain concerning the detention and conditions of detention of individuals, including children, mentally ill persons, homeless persons and people living with HIV in social affairs centres, such as Prey Speu, without judicial supervision. OHCHR notes with satisfaction that, since January 2012, the Prey Speu Centre has not been used to house people detained arbitrarily in the streets of Phnom Penh. Nonetheless, the arbitrary detention of people living on the street, including children, remains a concern, especially in the periods preceding major international meetings in Phnom Penh, for example ASEAN events. 28. In December 2011, the Government issued its fourth draft of the law on associations and non-governmental organizations. OHCHR provided the Government with comments on the compatibility of the draft law with the State’s human rights obligations, and continued to stress the importance of ensuring broad and meaningful consultations with civil society actors prior to the enactment of the law. The Government consequently convened a halfday consultation with civil society actors on 15 December 2011. The law is yet to be adopted, while further consultations with representatives of civil society are planned, a 1 8 On 20 February 2012, during a protest by 1,800 workers of Kaoway Sports factory in Bavet district, Svay Rieng province, three female workers were shot. The Mayor of Bavet has been charged in relation to the shootings.