A/HRC/12/41
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which is essential for citizens to be able to participate, without fear, in debates on issues of
public interest. Similarly, defamation suits under the (United Nations Transitional Authority in
Cambodia) criminal law have continued to be filed against journalists, despite provision in the
Press Law for civil suits in these cases. In a number of cases, the courts have resorted to criminal
law, notwithstanding the stipulation in the Press Law that “no person shall be arrested or subject
to criminal charges as a result of expression of opinion”. With regard to opposition
parliamentarians, criminal defamation complaints have been linked to threats to lift their
immunity as a further means of intimidation, to deprive them of the necessary legal protection
that they need to engage in legislative debate without fear. OHCHR has continued to advocate
the removal of defamation and disinformation charges from the penal law (past and future); the
recourse to civil action, including under the Press Law in the case of alleged defamation by
journalists; the encouragement to all to engage in public debate and to use truth rather than
threats as a defence; and a greater tolerance by public officials for criticism, while encouraging
mutual respect in debating issues publicly. The complete decriminalization of defamation and
disinformation would illustrate the Government’s formal commitment to protecting the right to
freedom of expression, while protecting personal reputations through civil action for damages.
38. In the past two years, a number of NGOs and community organizations, particularly those
involved in the protection of the land rights of the poorest urban and rural communities, natural
resources management, and human rights advocacy, have come under increasing official
pressure. Arbitrary restrictions on freedom of assembly, expression and movement, as well as
intimidation, threats or use of legal action under various pretexts have been imposed on their
activities, mostly by local authorities, who have increasingly accused them of incitement. Under
the penal law, incitement must relate to the commission of a crime. However, the term has been
usually taken on its own to deter or denounce the effort by these communities, or the
organizations supporting them, to exercise their constitutional rights and freedoms to organize
themselves to protect their right to their land and livelihoods. Whilst these accusations rarely
lead to charges, their effect is to keep these civil society actors in fear of legal action by the
authorities. While NGOs working with rural communities in Rattanakiri, Kratie and Battambang
provinces have been the primary targets of these attacks, the accusation of incitement has
become a frequent motto of government officials facing NGO criticism or popular protests
against their policies or practices. OHCHR has interceded on a number of occasions with local
and provincial authorities to defuse tensions and clarify the allegations concerned.
39. In September 2008, the Government announced its intention to promulgate an NGO law on
the grounds that an additional law was required to regulate several aspects of NGO
administration and activities so as to ensure transparency, accountability and legality of
activities. OHCHR judged that existing or pending legislation could address these aspects and
supported ongoing efforts by civil society to adopt self-regulation mechanisms to enhance
transparency and accountability. OHCHR also recommended that, both in terms of legislative
priorities and coherence, it would be preferable to expedite the enactment of the long-awaited
remaining fundamental laws under Cambodia’s Legal and Judicial Reform Strategy. It was also
concerned that given the deterioration of relations between the Government and NGOs and the
prevailing mutual distrust, the current climate would not be conducive to the adoption of a law
that would promote freedom of association and the further development of civil society. OHCHR
believes that the nature of the NGO law to be adopted will be an indicator of the Government’s
attitude towards civil society and its role in national development.
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