A/HRC/21/63
prepared for the arrival of the evicted families. A lack of potable water and sanitation
services has been reported, as have poor shelters ill-prepared for rain. The Special
Rapporteur is concerned that insufficient planning and humanitarian assistance, coupled
with a dearth of opportunities for income generation, are causing further impoverishment
and threatening the country’s chances of improving its gross domestic product per capita.
30.
Resettled communities also face obstacles in registering to vote. Frequently, the
voter registration of evicted individuals remains at their former dwelling for administrative
reasons and is not transferred to the relocation site. Evicted and resettled communities must
then return to their original places of residence, which is often a great distance away and
therefore extremely, and often prohibitively, expensive. The risk is that a significant
population of those resettled will be unable to vote in upcoming elections owing to
administrative and financial difficulties.
B.
Freedom of expression
31.
Respect for freedom of expression, opinion and assembly remains a principal
concern in Cambodia, as expressed by a wide range of interlocutors met by the Special
Rapporteur during his missions. The Special Rapporteur has already emphasized in his
previous reports his concerns in relation to the impermissible restrictions of freedom of
expression caused by, among other things, prosecutions (or threats of prosecution) under
the Criminal Code for, in particular, offences related to incitement and defamation. These
restrictions on people exercising their right to freedom of expression has, in the view of the
Special Rapporteur, resulted in a chilling effect on freedom of expression in Cambodia. It
appears that many Cambodians exercise self-censorship in what they say and write,
provoked by a fear of arrest and detention. This holds particularly true in respect of people
wishing to express views critical of those in power, and those seen as criticizing national
development projects such as the current renovation of the national railway system.
32.
The Special Rapporteur has previously raised the case of Moeung Sonn, an
archaeologist convicted in 2009 of disinformation for suggesting that a new lighting
installation could damage the Angkor temples. His final appeal to the Supreme Court was
rejected on 11 April 2012, with the Court allowing the charge to be changed from
disinformation to incitement without informing either the appellant or his lawyer in a
reasonable time to allow for a defence to be prepared.
33.
Following the Special Rapporteur’s previous report (A/HRC/18/46), the
Government released the third and fourth iterations of the draft law on associations and
non-governmental organizations. The Government showed an interest in sharing the drafts
with civil society and convened consultations thereon. Civil society actors also organized
meetings. The Special Rapporteur welcomes the Government’s willingness to consult civil
society. Significant human rights concerns remain in the new drafts of the law, however. In
late December 2011, the Prime Minister announced that the consultations would continue,
even if that meant that the adoption of the law would be delayed for some years. The
Special Rapporteur applauds the approach taken by the Prime Minister on this sensitive
piece of legislation.
C.
Extraordinary Chambers in the Courts of Cambodia
34.
The Extraordinary Chambers in the Courts of Cambodia continued to make steady
progress towards the completion of its trials during the reporting period.
35.
The Supreme Court Chamber handed down its judgement in Case 001, bringing to a
close the proceedings against Kaing Guek Eav, alias “Duch”, the former head of Tuol Sleng
9
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