A/HRC/42/60
53.
The Special Rapporteur has raised concerns about the legal and policy framework
for civil society participation in previous reports and communications. 16 Many of those
concerns remain. In particular, certain provisions of the Law on Associations and NonGovernmental Organizations require review or clarification, specifically article 8
(registration), article 9 (unregistered NGOs not allowed to operate) and article 24
(neutrality of NGOs). Similar concerns relate to the Trade Union Law. The fact that the
Government has initiated a review process of the Trade Union Law is encouraging, as is
their expressed openness to reviewing the Law on Associations and Non-Governmental
Organizations. The Special Rapporteur highlights the process for developing the draft law
on access to information. Led by the Ministry of Information and UNESCO, with active
support from civil society organizations and the Office of the United Nations High
Commissioner for Human Rights, this process has enabled diverse actors, many from civil
society groups, to contribute to the development of the law in a meaningful way. The
Special Rapporteur recommends that the Government consider institutionalizing this level
of participation in law and policymaking through the development of guidelines on
participatory legal drafting. Adoption of the law on access to information is now imperative
and the Special Rapporteur encourages the Government to ensure adequate resources for its
effective implementation.
54.
Participation goes hand in hand with protection. Participation in the planning,
implementation and monitoring of the Cambodian Sustainable Development Goals and
other international commitments and obligations should be an open process without fear of
recrimination and prosecution. The Special Rapporteur remains concerned at the
criminalization of human rights advocacy. Civil society organizations advocating for
human rights are not necessarily a voice of political opposition. Human rights should be the
language of everyone, as well as the priority of the Government. This comes within a
broader context of shrinking space for free expression. In addition to the restrictions on
freedom of assembly, expression and association reported previously, prosecutions are
being brought under the March 2018 amendments to the Penal Code (lèse-majesté
provision). Restrictions on freedom of expression can have a chilling effect on civil society
and public participation, including in the area of the implementation and monitoring of the
Cambodian Goals.
55.
The Special Rapporteur is pleased to report that the Ministry of the Interior has
removed the October 2017 circular requiring civil society organizations to provide three
days’ notice of any activities. The new instruction encourages “full freedom and rights to
operate their activities in the Kingdom of Cambodia without obstruction” in accordance
with the applicable laws. However, not all subnational level authorities have moved
forward with this. The Special Rapporteur has received many reports of local police coming
uninvited to events, training sessions or meetings, taking photographs, enquiring about
organizers and the agenda or demanding information on participants. She has also received
information about civil society representatives and their families being closely monitored.
An interministerial body has been established to handle complaints and requests from
NGOs. Where local authorities restrict or disrupt their activities, NGOs can contact the
body directly. The Special Rapporteur recommends the opening of membership of this
body to include civil society organizations, given their legitimate concerns about ensuring
that complaints and requests are handled effectively and transparently.
56.
The right to peaceful assembly is particularly in question. Gatherings and marches in
public areas, including International Women’s Day (8 March) and International Human
Rights Day (10 December) have consistently been refused in at least four provinces: Phnom
Penh, Banteay Meanchey, Koh Kong and Preah Vihear. The Special Rapporteur was told
that these restrictions were necessary in order to deal with traffic, even though the proposed
marches were on public holidays. The Law on Peaceful Demonstration and its
implementing guidelines make it clear when restrictions are acceptable. In particular, the
implementation guide to the Law on Peaceful Demonstration states that “The risk that a
demonstration will cause a traffic jam does not necessarily cause danger or … seriously
16
14
See A/HRC/33/32; KHM 2/2015; A/HRC/33/62, 28–34; A/HRC/36/61, 44–49; and A/HRC/39/73,
paras. 61–65.
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