A/HRC/45/56 10. The United Nations High Commissioner for Human Rights shares concerns in these areas. On 27 February 2020, in a global update at the forty-third session of the Human Rights Council, the High Commissioner stated: “In Cambodia, we continue to receive reports of acts of intimidation against civil society and human rights organizations, which impede their capacity to monitor and report – including to this Council. Critics and political opponents also continue to be targeted by repressive measures, including arbitrary detention and apparent misuse of criminal laws. While the authorities’ cooperation with the Office on technical and capacity-building activities is welcome, I call on the Government to respect its commitment to uphold all the human rights of its people – including freedom of the media, the impartial rule of law, and the right to freely participate in public affairs without fear of persecution.”11 III. Enhancing participation and protecting civic space 11. Civic and democratic space has continued to shrink since the Cambodia National Rescue Party was dissolved by the Supreme Court in 2017. On 4 June 2019, the Special Rapporteur on the situation on human rights in Cambodia and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression sent a communication12 to the Government addressing “the continued use of police and judicial authority to intimidate, harass or detain” former members and supporters of the Cambodia National Rescue Party “for having exercised their rights to freedom of expression and of peaceful assembly”. 12. Despite the lifting of the requirement for civil society organizations to give three days’ notification in advance of planned activities, 13 from June 2019 to April 2020, OHCHR documented 46 instances in which the activities of human rights and civil society organizations had been subjected to undue interference, intimidation, or harassment by authorities. On at least three occasions when OHCHR was present, police officers asked civil society organizations to produce permits in advance of planned meetings, or attempted to enter private premises to take photographs of, and gather information on, the participants during events. On 1 August 2019, OHCHR sent a letter to the Ministry of the Interior describing reported instances of interference with civil society activities, raising concerns that such acts could unduly restrict the rights to freedom of peaceful assembly and association, and create an environment of fear and intimidation. OHCHR received no reply from the Ministry of the Interior to its letter. 13. OHCHR continued to engage with the Government on the proposed revision of the Law on Associations and Non-Governmental Organizations, in partnership with civil society organizations. The Ministry of the Interior held five consultative forums on the law, at which civil society raised concerns about the restrictive registration requirements on nongovernmental organizations (NGOs). 14. OHCHR also received reports of excessive restrictions of the rights to freedom of expression and peaceful assembly in the context of COVID-19. OHCHR documented the arrest of a number of individuals for COVID-19-related public comments and social media posts, at least 14 of whom have been charged with offences including spreading fake news or false information, incitement to commit a felony, and plotting against the Government.14 The Government also revoked the media licence of the news outlet TVFB, after its editor 11 12 13 14 4 See www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=25621&LangID=E. KHM 2/2019, available at https://spcommreports.ohchr.org/TMResultsBase/ DownLoadPublicCommunicationFile?gId=24636. Directive No. 175, issued by the Ministry of the Interior on 27 November 2018, stated that “NGOs and associations, including local communities that have already registered with the Ministry, have complete freedom to legally carry out activities without having to inform local authorities three days beforehand as they did before.” The offences under the Criminal Code are public insulting (insulting the King) (art. 307), plotting (art. 453), incitement to commit a felony (art. 495) and false information (art. 425).

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