A/HRC/15/47 concerted efforts on the part of the judiciary to apply the Press Law to the media. Another positive aspect is that the crime of “disinformation” no longer seems to exist. 25. The new Penal Code has the potential to be more restrictive of freedom of expression than the UNTAC law, especially in a context where courts are vulnerable to pressure. Under the UNTAC law, freedom of expression was primarily regulated by the provisions governing defamation, disinformation and incitement. The new Code, however, includes additional crimes that could be used to curtail freedom of expression, such as “falsification of information”; “public insult”; “slanderous denunciation”; “insult and resistance to public officials”; “publication of any commentaries to put pressure on the judiciary” and “discrediting the court decision”. These provisions include fines of up to ten million riel and prison sentences of up to three years and could seriously curtail freedom of expression. Moreover, many provisions remain open to arbitrary interpretation. For instance, the Office recommended that the concepts of “bad faith” and “putting pressure on the court” be precisely defined. This would facilitate the task for the judges and clarify the meaning of the law. OHCHR is exploring ways in which it can contribute towards assisting the judiciary in interpreting the Penal Code in line with the international human rights standards obligations of Cambodia. 26. The Office cooperated with the Ministry of Interior and other actors to contribute to fostering an environment whereby citizens can assemble and peacefully discuss and express their views. In recent years, peaceful demonstrations had been prohibited or restricted to the extent that they had become rare. The observation of several demonstrations showed undue restrictions imposed by local authorities on civil society actors for obtaining permission to demonstrate. This was the case when the subject of the demonstration was considered sensitive, such as corruption or land conflicts. Restrictions were usually justified on unspecified security grounds. Demonstrations that were authorized, however, ran smoothly, with minimal or no interference from the authorities. Good examples of this were the Human Rights Day march and the Labour Day march, where the cooperation between municipal authorities, police and organizers was exemplary. 27. In December 2009, a new Peaceful Demonstrations Law was adopted. A key improvement is that the law establishes a regime of notification rather than authorization to hold demonstrations. The law also contains provisions open to interpretation that could unduly restrict people’s ability to peacefully demonstrate. The Office shared its legal analysis with the Ministry of Interior and the relevant committees of the National Assembly prior to adoption of the law as well as opposition parliamentarians. Particular concerns remain about the impact of the law on demonstrations that occur spontaneously, for which there is no provision in the law and which are happening more frequently. 28. The Office worked with the Ministry of Interior and the East West Management Institute (EWMI) to develop an Implementation Guide on the new law, in consultation with civil society representatives. The project was launched through a jointly organized National Workshop in March 2010, at which approximately 170 participants, including Government and civil society representatives and donors discussed the law and areas that required clarification. The purpose of the Guide is to provide practical guidance to the authorities, civil society members and end-users to implement the law in accordance with international human rights standards. Once the Guide is finalized, the Office and EWMI will support regional training workshops on the law and the Guide to facilitate its understanding, interpretation and implementation. 29. As part of its objective to foster better cooperation between Government and civil society, the Office has been actively promoting the participation of civil society actors in activities and forums involving Government institutions and development partners, so as to help build mutual understanding, working relationships and trust and defuse mutual suspicion and tensions. 8

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