A/HRC/33/62
organizations was adopted and came into force (see A/HRC/33/32, KHM 2/2015).
Cambodia has a plethora of non-governmental organizations and civil society bodies, from
local grass-roots organizations to national, regional and international entities. The
flourishing of civil society has been regarded as a major success in post-transition
Cambodia that has made an enormous contribution to the development of the country.
Protecting fundamental freedoms is target 16.10 of the Sustainable Development Goals.
29.
The law on associations and non-governmental organizations has laid down
registration and re-registration requirements for organizations. While requirements of this
type will help to regularize the situation of hundreds of organizations working in
Cambodia, the authorities could potentially refuse registration or re-registration, with
adverse implications for the organization concerned. The law in question is one of a series
of recent laws that could be applied in a way that makes it more difficult for independent
bodies to act on human rights issues. The law on the election of members of the National
Assembly, adopted in 2014, criminalizes political campaigning and public opinion polling
outside a defined campaigning period; the law on telecommunications adopted in 2015
requires telecommunications companies to turn over certain data to the Government upon
request; while the law on trade unions of 2016 precludes individuals convicted of a crime
from leading a trade unions; significantly, many independent trade unions are led by
persons convicted on, or currently under threat of, charges relating to their work in defence
of workers’ rights. A detailed analysis of each of these laws by OHCHR in Cambodia, nongovernmental organizations, trade unions, and others reveals the scope for infringing
human rights. Like in the case of many laws, the degree of compliance with international
human rights laws lies in the interpretation and application of the law by law enforcement
and judicial officials. Clear implementation guidelines reflecting prevailing international
human rights should be carefully drafted and disseminated in order to ensure that the law is
applied in a manner that regulates without unnecessarily restricting the activities of civil
society bodies, trade unions and human rights defenders. The Special Rapporteur
recommends that the Government ensure that these laws are applied in a way that respects
fully the human rights treaties that Cambodia has ratified. Moreover, the application of such
laws should be regularly reviewed (and is already to an extent by civil society bodies) to
permit timely revision, if required.
30.
The Special Rapporteur received information on training activities, local-level
meetings and informal discussions stopped by law enforcement officials or subjected to
district or provincial approval not required by law. The law on peaceful demonstrations,
which was cited as justification in many such situations, is subject to a set of guidelines –
developed by the Ministry of the Interior in cooperation with OHCHR in Cambodia and a
number of civil society organizations – to ensure compliance with applicable international
standards. Unfortunately, the guidelines have not been sufficiently widely disseminated to
achieve that result. It is essential that all local and provincial level authorities gain
familiarity with the correct application of the law through the dissemination of the
guidelines.
31.
Freedom of expression is explicitly protected in article 41 of the Constitution of
Cambodia (article 31 of which recognizes the International Covenant on Civil and Political
Rights). It was, until recently, a characteristic of Cambodian society, contributing to open
debate and discussion. According to article 19, paragraph 2 of the International Covenant
on Civil and Political Rights, freedom of expression is subject to certain well-defined
restrictions. In Cambodia, an ever wider range of laws are being used to impose restrictions,
causing concern for a range of stakeholders, including human rights defenders, nongovernmental organizations and civil society. There have been communications from
special procedures related to this (see for example A/HRC/32/53). Provisions of the
Criminal Code that can restrict freedom of expression include articles 305 (defamation),
307 (public insult of members of the Government), 311 (malicious denunciation), 424
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