A/HRC/42/31
participation. People were reportedly intimidated or paid to vote, and civil society
organizations faced harassment in the run up to the election. Seventeen popular
websites were blocked around election day. There were further restrictions placed on
the freedom of expression of individual voters and political opponents who called
for a boycott or announced their intention to abstain from voting in the election,
including through threats, fines and legal action.”5
The Special Rapporteur on the situation of human rights in Cambodia noted that the
dissolution of the Cambodia National Rescue Party and the banning of 118 of its senior
members from political activity for five years seriously called into question the genuineness
of the elections (A/HRC/39/73/Add.1, para. 87).
13.
In September 2018, Mr. Sokha was released from prison and placed under strict
judicial supervision amounting to house arrest. In the preceding weeks, political
commentator Kim Sok was released upon completing an 18-month prison sentence for
defamation and incitement, land activist Tep Vanny was pardoned and released from prison,
two former journalists of Radio Free Asia were released on bail and 14 members of the
former opposition who had lost their appeal against a conviction of insurrection in May
2018 were pardoned and released from prison. On 26 September, five staff and former staff
of the Cambodian Human Rights and Development Association were convicted, almost 2
1/2 years after their arrest, on counts of bribery of a witness or complicity in doing so, and
given prison sentences, which were partly suspended.
14.
In November 2018, the Ministry of Interior lifted the aforementioned requirement
for civil society organizations to seek three days’ prior notification in advance of planned
activities. The Ministry also committed to hold consultative forums every six months or
when necessary with civil society and established an inter-ministerial working group to
address civil society concerns, including in relation to the Law on Associations and NonGovernmental Organizations. In December 2018, the National Assembly amended the Law
on Political Parties to allow individuals who had been banned from political activities by
the 2017 Supreme Court ruling to seek, through the Prime Minister, restoration by the King
of their political rights. The same month, the Ministry of Foreign Affairs issued a statement
addressing issues and making commitments in relation to partnerships with civil society
organizations and the protection of land and trade union rights, media and press freedoms
and land rights.6 On 17 January 2019, the Ministry of Interior held a consultative forum
with broad participation of civil society organizations which followed the first one, held in
June 2018.
15.
OHCHR continued to receive information from civil society organizations that their
activities are closely monitored by the police, in spite of the lifting of the three days’ notice
requirement. Further, OHCHR missions and workshops have also been subject to police
surveillance. OHCHR has received information that more than 145 members of the former
opposition were summoned to court or were being detained in 2019. OHCHR has been
following the cases and, on 21 May 2019, indicated in a statement its concern at the
ongoing summoning and detention of former members of the Cambodia National Rescue
Party.7
16.
Throughout the reporting period, OHCHR continued to provide legal advice during
the drafting process of the law on access to information. The draft text was officially
finalized at a meeting held from 24 to 26 January 2018 in Sihanoukville, organized by the
Ministry of Information and with broad stakeholder participation, and further refined
following the engagement of the United Nations Educational, Scientific and Cultural
Organization and OHCHR in June and August 2018. The draft, yet to be adopted, is
substantially compliant with international standards and followed a participatory drafting
process.
5
6
7
4
See https://cambodia.ohchr.org/sites/default/files/Briefing%20Note%20on%20election%20Eng.pdf.
See www.mfaic.gov.kh/site/detail/23386.
See www.facebook.com/OHCHRCambodia/photos/a.197076707104491/1732510536894426/?type=
3&theater.
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