A/HRC/42/31
7.
On 10 May 2018, the Court of Appeal upheld the convictions for “insurrection” and
the related sentences ordered by the court of first instance in 2015 against 11 members of
the former Cambodia National Rescue Party. In a press briefing note, the Spokesperson for
the High Commissioner expressed disappointment at the decision given concerns of fair
trial rights and the perception of government interference at the time of the trial. 2
8.
On 28 May 2018, the Ministry of Interior, the Ministry of Information and the
Ministry of Posts and Telecommunications adopted an inter-ministerial proclamation
(Prakas) entitled “Controls on publication of website and social media processing via
Internet” which allowed the blocking of websites and social media pages containing content
considered to cause incitement, turmoil or discrimination or undermining national security,
among other grounds. The Special Rapporteur on the situation of human rights in
Cambodia expressed concern that some of the phrases of the Prakas were vague and overly
broad in scope, and raised the issue of whether some of the grounds, such as causing
turmoil, fell outside the scope of permitted limitations on freedom of expression
(A/HRC/39/73/Add.1, paras. 72–73).
9.
The Special Rapporteurs on the situation of human rights in Cambodia, on the
promotion and protection of the right to freedom of opinion and expression and on the
rights to freedom of peaceful assembly and of association expressed their concern about
media freedoms ahead of the elections in a statement issued on 15 June 2018. The concern
related to a media code of conduct issued by the National Election Committee in May
prohibiting the publication of views that may lead to confusion or a loss of confidence in
the elections. The Special Rapporteurs stated that “these prohibitions use broad and
imprecise terminology that could lead to sweeping restrictions on the media that would be
incompatible with international standards”.3
10.
The elections took place on 29 July 2018 without the Cambodia National Rescue
Party, which had been dissolved by the Supreme Court in November 2017. The party had
received about 44 per cent of the popular vote in the 2013 national elections and again in
the 2017 commune elections. On 27 July, the Spokesperson of the Secretary-General stated
that “the Secretary-General recalls that an inclusive and pluralistic political process remains
essential for safeguarding the progress made by Cambodia in consolidating peace. The
Secretary-General calls on all actors to reduce tensions and political polarization. He calls
upon the Government to uphold international human rights standards and in particular to
ensure guarantees for civil society actors and political parties to exercise their democratic
rights.”4
11.
On 15 August, the National Election Committee announced the election results: the
official turnout was just over 83.02 per cent with the ruling Cambodian People’s Party
gaining 76.85 per cent of the vote, winning all 125 seats in the National Assembly. This
followed the February 2018 election in which the ruling party won all 58 elected seats in
the Senate (the Senate is elected by the commune councillors and members of the National
Assembly). Both chambers had a Cambodian People’s Party majority following the
redistribution of seats to unelected officials at the national and subnational levels in the
wake of the dissolution of the Cambodia National Rescue Party in late 2017. The 25 May
2019 indirect elections for municipal, provincial and district councils resulted in the
Cambodian People’s Party gaining 96 per cent of the votes.
12.
On 17 August, OHCHR issued a press briefing note stating, inter alia:
“We are concerned about the human rights environment around the elections that
were recently held in Cambodia without the dissolved main opposition party, the
Cambodia National Rescue Party. This left a significant proportion of the population
without chosen representation, causing concern for their rights to political
2
3
4
See https://cambodia.ohchr.org/sites/default/files/180511%20Briefing%20note%20on%20Cambodia
_ENG.pdf.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23205&LangID=E.
See www.un.org/sg/en/content/sg/statement/2018-07-27/statement-attributable-spokesman-secretarygeneral-cambodia.
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