A/HRC/24/32
in circumstances where it was not required by law. Communities indicated that they
preferred to inform the authorities, even if it was not legally required, rather than have their
gathering disrupted. In order to improve the situation, OHCHR in collaboration with the
East-West Management Institute conducted training with the participation of human rights
defenders, including evicted communities, forestry and fishery associations, nongovernmental organizations and trade unions, on the provisions of the Law on Peaceful
Demonstrations and its official implementation guide. OHCHR also disseminated, in
collaboration with the Institute, a reporting form to be used by civil society organizations in
order to systematically monitor and adequately report and advocate on violations related to
their right to peaceful assembly, in particular with regard to the implementation of the Law
on Peaceful Demonstrations. The Office also continued to offer cooperation with the
Ministry of the Interior in raising awareness among civil servants on how to apply the Law
on Peaceful Demonstrations in a manner consistent with the country’s international human
rights obligations.
47.
In addition, the OHCHR Fundamental Freedoms and Civil Society Programme
enhanced the capacity of human rights defenders, including trade unionists, to
systematically and adequately monitor and report human rights violations, and to advocate
with the authorities or other relevant actors on such situations. The sessions engaged 114
activists from 10 provinces. In November 2012, OHCHR conducted a workshop on the
permissible restrictions in relation to the freedom of expression under international human
rights law with the support of an expert from the Human Rights Committee. The event was
focused on exploring with civil society permissible exceptions to the respect for the right to
freedom of expression in Cambodia.
48.
OHCHR regularly mediated between authorities and communities or civil society
organizations to ensure that gatherings could take place peacefully and in conformity with
the provisions of domestic and international human rights law. In order to create a
sustainable approach to peaceful gatherings, the Office embarked on a series of provincial
round tables at which provincial officials and civil society representatives could discuss
their concerns over freedom of assembly and come to an agreed position for the handling of
future events in conformity with the law. This was particularly effective during Human
Rights Day 2012, when the Office intervened to ensure the peaceful holding of events by
communities.
49.
Where prior mediation was not possible, the Office monitored demonstrations,
marches and other gatherings where there was a risk of violence between protesters and
authorities. During the period under review, OHCHR monitored 22 such events in Phnom
Penh alone. The aim of the Office’s involvement was to reduce the risk of violence while
striving to ensure that the rights to freedom of assembly and of expression were respected.
OHCHR worked with the authorities and protest leaders to secure agreement (where
possible) to allow protests to be held peacefully. Examples during the period under review
included the protests outside Phnom Penh Municipal Court during the trial of Mam
Sonando in September 2012, and attempts by the ASEAN Grassroots Peoples Assembly to
present a petition to the Cambodian National Assembly prior to the seventh East Asia
Summit, held in November 2012.
50.
Where protests turned violent, OHCHR tries to calm the situation. While such
efforts met with little success during the period under review, The visible presence of
OHCHR appeared to dissuade any escalation. Private security guards were still being used
during the period under review to respond to protests; in a number of instances, excessive
force was also used. A new and disturbing development witnessed was the introduction and
use of electrified riot shields by police in crowd control situations. The Office also
intervened where protesters were detained, notably in relation to land disputes, garment
workers protests, and trade unionists. OHCHR aimed to seek the release of detainees where
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