A/HRC/36/61
Rights Day on 10 December. The prohibition extends to the designated public space created
by the Government for the organization of static gatherings (Freedom Park), which has
been moved away from the centre of Phnom Penh.
47.
Concern remains over the raft of laws (on associations and NGOs, on the election of
members of the National Assembly, on trade unions, on peaceful demonstrations) that can
be used to restrict freedom of assembly and association and freedom of expression. The
Special Rapporteur reiterates her recommendation that the Government ensure that those
laws are applied in a way that fully respects the human rights treaties that Cambodia has
ratified. Moreover, the application of such laws should be regularly reviewed and, if
necessary, revised.
48.
The murder of Kem Ley on 10 July 2016 shocked the Cambodian public. On 23
March 2017, Oeuth Ang was convicted of the killing and sentenced to life in prison. Kem
Ley’s funeral procession (24 July 2016) and 100-day procession (15-16 October 2017),
which attracted thousands of Cambodians, passed without incident. Both events had been
threatened with bans and restrictions. The Special Rapporteur has received many petitions
raising concerns over the perceived lack of transparency concerning the death of Kem Ley
and the motive behind his murder. An independent political analyst, Kim Sok, has been in
pretrial detention since 17 February 2017 on defamation and incitement charges for
publically expressing his opinion that the ruling party was responsible for the killing of
Kem Ley. Thak Lany was also convicted for alleged comments on this matter.
49.
Taken together, these incidents and misapplication of laws has had the effect of
restricting civil society space and diminishing the perceived democratic space in the
country. There has been a negative trend whereby political activists, human rights
defenders and journalists continue to face restrictions when exercising human rights and
fundamental freedoms. This is particularly problematic during election years, when many
Cambodians wish to petition political parties, partake in political rallies and generally
exercise the rights protected in the Constitution and the laws of Cambodia, as well as in the
international human rights treaties to which Cambodia is party. Balancing the need to
maintain public order and security with freedoms of expression, assembly and association
can be challenging. The consistent, reasoned, non-discriminatory application by the
judiciary and other public authorities of the relevant laws and criminal code provisions,
with due regard to the human rights obligations of Cambodia, is essential.
V. Land rights and housing
50.
Land rights remain a major issue of concern in Cambodia, despite the ongoing
efforts of the Government to review economic land concessions.
51.
It remains imperative that land disputes be resolved definitively on clear and
transparent grounds by appropriate bodies. As noted above, with regard to indigenous
peoples, ever more complications arise. In the case of the Suoy indigenous community, an
area of land was the subject of successful individual land title claims while simultaneously
being the subject of a communal land title claim (see para. 27 above).
52.
During her mission in October 2016, the Special Rapporteur undertook a field visit
to Kampong Speu Province to assess the human rights situations of communities affected
by sugar concessions. Phnom Penh Sugar Co. Ltd. and Kampong Speu Sugar Co. Ltd.
received economic land concessions for adjacent areas. Those concessions were for sugar
cane plantations and sugar processing. The Special Rapporteur met with many individuals
who claimed to have been made destitute by the loss of farmland to concessions. Many
claimed to have received inadequate compensation and to have been unaware of what they
were agreeing to when their land was removed. Many also had little official land title
documentation to the lands in question. As with the situation reported in Preah Vihear
Province (see A/HRC/33/62, para. 40) and in Koh Kong and Stung Treng Provinces (see
A/HRC/33/62, para. 42), there were issues with the adequacy of compensation and the
appropriateness of relocation sites, as well as concerns expressed by the concession holder
at the number of disputes faced years after the concession had been granted by the
Government. Complaints were also received from the authorities and from key NGOs over
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