A/HRC/27/43
In February 2014, its Memorandum of Understanding with the Government was renewed
for another two years until 31 December 2015. In 2014, several long-running programmes
yielded significant achievements in the professionalization of key groups of public servants,
particularly in securing a separate legal status and setting out specific training requirements
for prison staff and in requiring for the first time all judges to set out their legal reasoning
when taking decisions on pretrial detention. In addition, agreement has been reached with
the Bar Association that all new trainee lawyers joining the association will henceforth be
obliged to receive training on fair trial rights, thereby institutionalizing the Fair Trial Rights
Academy that has been delivered by OHCHR.
II. Widening the democratic space
12.
The past year has been one in which one of the key components of a vibrant
democracy — an engaged and informed electorate free to express its views — has clearly
emerged. OHCHR continued its support for strengthening the capacity of individuals and
organizations to exercise their rights to freedom of expression, opinion and association, and
to peaceful assembly.
13.
First, throughout the reporting period, OHCHR monitored demonstrations in Phnom
Penh and the provinces, including rallies by the political parties in advance of the elections,
demonstrations by the opposition following the elections, demonstrations by unions and
factory workers, as well as other protests. The frequency of demonstrations increased
throughout 2013, culminating in daily rallies by the political opposition in December and a
nationwide strike organized by unions, joined by garment sector workers.
14.
In 2014, although much reduced in scale and frequency, demonstrations in Phnom
Penh continued to be organized by the political opposition, trade unions and other civil
society and community activists. For the most part, the authorities sought to prevent them
from proceeding, including through the use of roadblocks and barricades around the city’s
Freedom Park, and to disperse, often violently, groups as they congregated. Throughout
2014, the authorities instituted a practice of arresting small numbers of demonstrators or
organizers and detaining them for short periods, releasing them once they put their
thumbprint on documents stating they would not henceforth take part in or organize further
demonstrations. OHCHR raised the matter repeatedly with the Government.
15.
Second, OHCHR contributed to widening the democratic space by seeking to
mediate, wherever necessary and possible, between the authorities and organizers to ensure
that demonstrations could take place peacefully and in conformity with domestic and
international human rights law. For example, on 30 December 2013, OHCHR mediated
between union representatives and Phnom Penh police in an effort to facilitate a
demonstration by 5,000 striking garment workers who had marched from the Ministry of
Labour and Vocational Training to the Council of Ministers to deliver a demand that the
Government increase the minimum wage.
16.
When violence occurred at protests or a threat of violence was evident, OHCHR
followed its standard approach of trying to calm the situation through discussion with the
authorities and demonstration organizers and often succeeded. Despite extended periods
during which the authorities showed a positive attitude towards the rights to freedom of
expression and peaceful assembly, a number of demonstrations ended in violence, including
on three occasions when lethal force was used by the authorities. In such instances,
OHCHR monitors sought to reinforce with the authorities the requirements of necessity,
legality and proportionality in any use of force. Where demonstrations resulted in violence,
OHCHR also assisted authorities and non-governmental actors in seeking to ensure that
those injured received medical treatment. On several occasions when demonstrators were
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