A/HRC/12/41
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40. Arbitrary restrictions on peaceful demonstrations continue to be imposed to the point that
in the past two years the exercise of the right to free assembly has considerably declined. Under
the 1991 Law on Demonstrations, local authorities can approve or reject requests for
demonstrations. In practice, most requests have been turned down on various unspecified
security grounds, especially if the protests were deemed critical of government policies or
practices or organized by the opposition or independent civil society actors. Decisions have often
been delayed until the eve of the planned demonstration, making it difficult to organize. Local
authorities have sometimes referred decisions to the Ministry of Interior. On several occasions,
in response to intercessions by OHCHR, the Ministry has reversed decisions by local authorities
and allowed demonstrations to take place.
41. The long-awaited draft law on peaceful assembly is currently before the National
Assembly. OHCHR has since 2006 provided detailed commentary on the draft to the Ministry of
Interior, the Council of Ministers and the National Assembly. The draft was submitted to
Parliament in early 2008, but, in a rare example of assertiveness, the Assembly requested certain
revisions of the text to meet several concerns raised by civil society and OHCHR. The revised
text shows some improvement, as, for example, personal liability for damage caused during a
demonstration is limited to the offender and not the organizer. OHCHR met with the Chairperson
of the Human Rights Commission of the National Assembly to recommend further amendments
to improve its consistency with international standards. These proposals include fair provision
for spontaneous demonstrations, providing for judicial review of the decisions of the Ministry of
Interior and clear definition of permissible restrictions on the right to avoid arbitrary restrictions
in conformity with the International Covenant on Civil and Political Rights. The adoption of a
law containing essential safeguards will be an important indicator of the commitment of the
Government to regulating the constitutional right to freedom of assembly in accordance with its
obligations under the Covenant.
42. OHCHR has continued to monitor the proceedings in relation to the murders of three trade
unionists. In September 2008, the investigating judge closed the investigation in the case of the
assassination of trade unionist Hy Vuthy because the police had not produced sufficient
evidence. OHCHR and ILO encouraged the police to continue the investigation, apparently with
no result. In the case of the murder in 2004 of trade union leader Chea Vichea, the two men who
had been imprisoned for five years continued to appeal their conviction. In an unprecedented
move, publicly welcomed by OHCHR, the Supreme Court on 31 December 2008 requested
the Appeal Court to review the evidence in the case and released them on bail. In the case of
the murder of trade union leader Ros Sovannareth (2004) the Appeal Court upheld on
11 February 2009 the conviction of Thach Saveth despite poor evidence and serious procedural
irregularities.
43. OHCHR did not receive a response to its repeated requests to seek official clarification
concerning the legal status and rights of the Khmer Krom (Khmer born in southern Viet Nam). It
understands that the policy recognizes all Khmer Krom as Khmer citizens and that they are thus
entitled to the same rights as any other citizen. A number of them, however, who have been
active in publicly protesting against alleged human rights violations against their brethren in
southern Viet Nam or in advocating self-determination rights for them have been under close
police surveillance and denied their right to identity documents. Tim Sakhorn, a Buddhist monk
who has advocated Khmer Krom rights, was defrocked and sent to Viet Nam in 2007 where he
was imprisoned for a year for “undermining the solidarity between Cambodia and Viet Nam”.
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