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.