A/HRC/4/36
page 11
43.
The development of the media, crucial for human rights and democracy, has been
negatively affected in Cambodia by unresolved murders of journalists, threats against editors,
and attacks on newspaper offices. Although the July 1995 press law contains some positive
provisions, it prohibits, contrary to the spirit of the Constitution and international norms,
“humiliation of national institutions”, and authorizes the suspension of publications and
imprisonment of journalists for publishing or reproducing information which “may affect
national security and political stability”.
44.
Cambodia has ratified most of the relevant International Labour Organization
conventions. Some unions, however, have experienced continuing difficulties in exercising their
rights, and since the anti-Thai riots of 29 January 2003, requests to hold demonstrations have
been routinely refused. The police continue to break up marches and demonstrations, citing
public order. The murders in 2004 of Chea Vichea and Ros Sovannareth of the Free Trade
Union of Workers of the Kingdom of Cambodia remain unresolved, with a continuing chilling
effect on union activities.
45.
To participate meaningfully and effectively in public and political life, Cambodia’s
citizens must be able to organize and associate with others and speak with a collective voice;
express themselves freely, seek, receive and impart information and ideas of all kinds in a
climate that is free from violence, pressure or threats; and enjoy an elementary level of economic
security and well-being.
46.
Regarding freedom of expression, the Special Representative regrets that his
recommendation to the Government to suspend or repeal the defamation, disinformation and
incitement provisions in the UNTAC law was not taken up. Article 63 of the law concerning
defamation was amended in May 2006 to remove the prison penalties for defamation, but heavy
fines can nevertheless still be imposed. Defamation remains in the draft penal code. Although
no new cases of defamation have been reported since the amendment, the Government has
instead used the provision on “disinformation”, an offence which carries a punishment of six
months to three years in prison, and therefore allows for pretrial detention pending trial. It also
carries heavy fines.
47.
Under article 62 of the UNTAC law, disinformation occurs when: “The director or other
party responsible for the publication or other means of communication who took the decision to
publish, distribute or reproduce by any means information which is false, fabricated, falsified or
untruthfully attributed to a third person and did so in bad faith and with malicious intent,
provided that the publication, distribution or reproduction has disturbed or is likely to disturb the
public peace.” This should require a high standard of proof for a conviction: the information
has to be false or falsified or wrongly attributed; its publication has to be in bad faith and with
malicious intent; and its publication has to have caused or have been likely to cause a breach of
public order.
48.
The following two cases illustrate the Special Representative’s concern. Deputy Prime
Minister Sok An filed a complaint against the editor of the newspaper Moneaksekar for
publishing an article on 13 June 2006 that reported alleged tensions between members of the
Cambodian People’s Party and the Minister, as a result of the concentration of power and
corruption in his hands. The case was heard on 15 September. The editor and his lawyer did not
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