A/HRC/45/51
Ministry of Environment warned that it would take legal action against non-governmental
organizations that, it said, had used environmental activism as a cover to attack the
government. 21 Some examples are the recent cases of Kreung Tola, a forestry activist in
Mondulkiri, who had been frequently summoned by the provincial court on charges,
including of defamation, public insult and incitement, 22 and the June 2020 arrest and
detention of 18 youth activists from the environmental organization Mother Nature.
27.
The Special Rapporteur welcomes the decision of the Supreme Court on 18 May 2020,
concerning a case of two environmentalists, in which it ordered a retrial, remitting the case
to the Court of Appeals on the ground of lack of sufficient evidence to support the criminal
charges. Both men had been convicted by the Court of Appeals for violating privacy and
attempting to commit a felony under the Criminal Code. They were sentenced to one year of
imprisonment and fined 1 million riel (approximately $243). The Special Rapporteur has
previously raised concerns over evidentiary requirements in law and the evidentiary
standards used in courts in Cambodia.23
28.
The Special Rapporteur encourages the Government to work more closely with civil
society organizations, irrespective of their views and areas of operation. Working more
closely with civil society organizations helps deepen national understanding of human rights
issues, enhance accountability of the Government and resolve entrenched differences.
29.
Initial efforts undertaken by the Ministry of Interior24 to discontinue enforcement of
its October 2017 directive requiring civil society organizations to give three days’ notice
prior to planned activities could be developed further under an appropriate legal and policy
framework. Such a plan should also ensure the normalization and acceptability of the
language of human rights in government and society. As noted in 2019, consultations with
civil society must be substantive consultations that inform and influence legislation, policy
and practice.25 It is crucial that these processes are inclusive and that all civil society and nongovernmental organizations that wish to participate are able to do so. Only then will
Cambodia begin building a more inclusive society with all voices heard in meaningful
consultation and participation.26
30.
The Special Rapporteur recognizes the country’s willingness to ensure a free civic
space, as evidenced by its support for relevant recommendations during the universal periodic
review.27 Cambodia should continue its positive interactions with civil society organizations.
These consultations should be substantive and help build a more inclusive society through
meaningful participation. Human rights groups cannot be treated differently on account of
their efforts to advise, publicize and inform, holding the government to account for human
rights matters.
B.
Land and housing rights
31.
The Special Rapporteur continues to remain concerned over reported forced evictions
and associated land rights issues, which remain unaddressed despite her repeated calls and
offers of support. The Special Rapporteur encourages the Government to review the existing
legal and procedural mechanisms concerning allocation, sale and use of land and, where
appropriate, to introduce laws and policies to address inequality, marginalization and
poverty. During the current pandemic, she draws the Government’s attention to the statement
of the Special Rapporteur on adequate housing in March 2020, which states that at a
minimum, to ensure protection of those living in homelessness or grossly inadequate housing,
States must cease all evictions. The statement also indicates that by ensuring access to secure
housing with adequate sanitation, States will not only protect the lives of those who are
21
22
23
24
25
26
27
Voun Dara, “Forest activism ‘just a cover’”, Phnom Penh Post, 26 April 2020.
In May 2020 alone, Mr. Tola received four different summons to the provincial Court.
A/HRC/39/73, para. 80.
A/HRC/42/60, para. 51.
Ibid., para. 52.
Ibid.
A/HRC/41/17, paras. 110.102 and 110.110.
7
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