A/HRC/39/73
land law. The draft had been controversial, with farmers’ groups and NGOs protesting
against it because of its restrictions on the rights of small farmers.
VII. Evaluating the “democratic space”
61.
During the year under review, the question of the application of the range of laws
discussed in her report (see A/HRC/33/62, paras. 28−34), compounded by new laws and
directives, continued to be an issue for the Special Rapporteur. An ever-increasing number
of laws are being used in Cambodia to restrict free expression and political dissent. Charges
of insurrection, incitement to commit a felony, bribery, defamation, forgery and conspiracy
with foreign Powers have all been invoked during the year to charge independent or
dissenting voices, including journalists and representatives of NGOs, or keep them in
detention. The application of the provision in the Law on Associations and NonGovernmental Organizations that NGOs must be politically neutral is proving increasingly
problematic when many activities deemed to be critical of the Government are considered
“political”.
62.
In the letter to subnational authorities dated 2 October 2017 referred to above, the
Minister of Interior stated that civil society organizations would be required to notify the
commune and district authorities three days in advance of all activities, including education
and training activities. Such reporting requirements appear to be contrary to the Law on
Peaceful Demonstrations and associated implementation guidelines. Although the
Government claims the reporting is necessary to ensure the safety of NGO staff and
facilitate the training, it is understandable that NGOs and associations consider it to be an
intrusive form of monitoring and control.
63.
Recent revisions to the Criminal Code and Constitution, including the introduction
and application of a lèse-majesté provision, have paved the way for further curtailment of
freedoms. The adoption in May 2018 of the Inter-Ministerial Proclamation on Publication
Controls of Website and Social Media Processing via Internet in the Kingdom of
Cambodia, referred to above, increases surveillance of the Internet and social media while a
National Election Committee statement on roles and duties of national and international
observers issued the same month includes broad restrictions on freedom of expression
which go beyond those permitted in the International Covenant on Civil and Political
Rights. In practice, judicial actions continued to be brought against people for comments
made on social media.
64.
There has also been a reduction in freedom of the media in Cambodia. On 4 August
2017, the Cambodia Daily newspaper was served with a tax reassessment indicating tax
arrears in the equivalent of some $6.3 million. The sum was due within 30 days and
allegedly comprised tax owed plus interest. The paper’s licence was not renewed and it
published its final edition on 4 September, bringing to an end 24 years of independent
reporting by the paper. Some 19 radio stations have been closed since August 2017. Radio
is a major source of information in Cambodia so any restriction on licensing or access to
bandwidths inevitably limits the freedom of Cambodians to receive information.
65.
The Special Rapporteur raised a series of cases with the Government which she
believed could lead to the creation of an atmosphere of fear and intimidation negatively
affecting the right to freedom of expression of others, leading to self-censorship and
inhibiting creative and responsible public debate on issues of public interest. This is
particularly serious in the light of the national elections on 29 July 2018. Restricting
Cambodians’ voices could ultimately threaten the very stability that the Government and
the people have worked hard to build. The freedoms of association, expression and peaceful
assembly should be protected and developed, not restricted, in a multiparty liberal
democracy.
VIII. Participation in the political process
66.
The Special Rapporteur is concerned about developments in relation to participation
in the political process during the last year. As noted above, the local commune/sangkat
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