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 13

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