A/HRC/36/61
has relevant laws, strategies and action plans. The current strategic plan includes objectives
on reducing poverty, providing equal health services, ensuring full access to justice and
preventing discrimination. An interministerial approach has been taken through the
coordinating work of the Disability Action Council, which has established offices in all the
provinces in order to be more accessible to persons with disabilities. This supports the work
on promoting the rights of persons with disabilities of ASEAN and the Economic and
Social Commission for Asia and the Pacific of the United Nations. It is clear that more
work needs to be done to better assess the situation of the rights of persons with disabilities
in Cambodia. Realizing the Sustainable Development Goals adds further support to the
government initiatives in ensuring that no is left behind. The Government should submit its
report to the Committee on the Rights of Persons with Disabilities as soon as practicable, to
provide the basis for a constructive dialogue with the Committee on improving protection,
promotion and respect for the rights of persons with disabilities in Cambodia. The
Government should also consider inviting the Special Rapporteur on the rights of persons
with disabilities to visit and provide support.
IV. Democratic space
44.
During the reporting period, the application of the range of laws discussed in the
previous report of the Special Rapporteur continued to be of concern (see A/HRC/33/62,
paras. 28-34). The deterioration in the democratic space is reflected in a white paper issued
by the Ministry of Foreign Affairs and International Cooperation on 11 April 2017 entitled
“To tell the truth”. In it, the Ministry refers to “a campaign of disinformation led by some
foreign governments and organizations, which twisted historical facts and events in an
attempt to portray a negative image of Cambodia and to lay the blame on the government”.
The Special Rapporteur is included among the actors allegedly aiming to discredit the
Government.
45.
Many NGO representatives, trade union members and human rights defenders still
find themselves subject to threats and harassment, arrest, pretrial detention and prosecution.
The Special Rapporteur has received reports of civil society groups restricted in their
education and training activities and limited in their day to day activities. An example is the
“black Monday” campaign that was launched after the arrest of the staff of the Cambodian
Human Rights and Development Association. People chose to wear black clothing on
Mondays in solidarity with the detainees and took to the streets in protest. The Government
tried to ban the campaign and security authorities were reportedly requested to closely
monitor the activities of those participating in the campaign. A number of protesters were
arrested and prosecuted under provisions dealing with such issues as defamation (art. 305),
public insult (art. 307) and various public order offences. Tep Vanny was prosecuted
following her participation in a black Monday event on 15 August 2016. In contrast to other
participants, who were detained briefly and then released, she was then charged with
“intentional violence with aggravating circumstances” relating to another protest in 2013.
On 23 February 2017, she was sentenced to two and a half years’ imprisonment.
46.
Numerous reports have been received of police, military and security forces using
roadblocks to regulate processions and assemblies. By way of example, a procession of
people marking World Habitat Day, an event focusing on land and housing rights, while the
Special Rapporteur was in Phnom Penh in October, resulted in violent clashes between
protesters and the authorities. On 8 February 2017, Am Sam Ath, Monitoring Manager for
the Cambodian League for the Promotion and Defense of Human Rights, was called in for
questioning in connection with the procession, but was not charged. There can be no doubt
that it is the responsibility of the Cambodian authorities to ensure the maintenance of public
order and security. However, the Law on Peaceful Demonstrations must be carefully
adhered to and the rights of all Cambodians to peaceful assembly and association must be
protected. Notification letters, which are required under the Law, submitted by civil society
organizations about public assemblies that they plan to organize are systematically rejected
by the authorities without justification. This has happened even in respect of notifications
of events for international commemorative days such as International Workers’ Day on 1
May, the International Day of the World’s Indigenous People on 9 August and Human
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