A/HRC/45/51
between political leaders, including the reported meeting of Mr. Sokha with Prime Minister
Hun Sen in May 2020, there are few signs of progress.
14.
In the plural liberal democracy Cambodia purports to bein terms of the current
constitutional framework, respectful opposing views are integral to deepening the
understanding of the rights and freedoms in the country. It is imperative that open political
dialogue be encouraged in Cambodia in a conciliatory, constructive manner, in order to
enable the Government to better address concerns from a broadly representative body of
Cambodians .
III. Situation of human rights in Cambodia
A.
Civic space and fundamental freedoms
15.
The Special Rapporteur continues to receive reports of restrictions on the activities
and lives of civil society actors. In particular, she received reports of restrictions imposed
contrary to the guidelines on the implementation of the law on peaceful demonstrations. It
should be noted that these concerns are unconnected to the current restrictions on large
gatherings, a measure imposed in furtherance of public health, which will be discussed below.
16.
The Special Rapporteur reminds the Government that there is a presumption in law in
favour of freedom of assembly and association. This reflects the obligations of Cambodia in
terms of international human rights law.
17.
The Special Rapporteur continues to be concerned at the wide range of Criminal Code
and other provisions employed to prosecute those expressing opinions, including online. 9 She
welcomes the Government’s commitment during the universal periodic review to bring laws,
regulations and policies on the freedom of expression, association and public assembly into
compliance with the International Covenant on Civil and Political Rights, as recommended
by Denmark,10 and to guarantee freedom of expression for all Cambodians and journalists,
including on the Internet, by revising the latest constitutional amendment and the
interministerial instruction of May 2018 allowing surveillance of Internet contents, as
recommended by France.11
18.
The Special Rapporteur is also encouraged that the Government supported
recommendations by Argentina and Chile during the third cycle of universal periodic review,
agreeing to adopt the measures necessary to protect the rights of human rights defenders,
trade unionists and journalists12 and to investigate and punish those responsible for threats
and violence against human rights defenders and their families. 13 She looks forward to the
implementation of the necessary legal changes that will protect all human rights defenders,
trade unionists and journalists and will ensure any threats to and harassment of them and their
families are promptly investigated and perpetrators held to account in accordance with the
law.
19.
However, a number of people who reportedly expressed views on the COVID-19
pandemic have been arrested and detained by authorities. Under the Criminal Code, the
charges against them include the spreading of false information (art. 425), incitement to
commit a felony (art. 495) and plotting against the Government (art. 453). This practice has
led to further self-censorship among journalists, limiting the public’s right to access timely
and reliable information when needed.
20.
Between April and May 2020, the Special Rapporteur was informed that the
Government revoked the licences of three media outlets, Facebook-based TVFB and
CKVTV, and the Rithysen Radio Station, claiming that the outlets were publishing
information that was exaggerated and that contained incitement to violence, provocation to
9
10
11
12
13
A/HRC/36/61, paras. 47 and 69 (c).
A/HRC/41/17, para. 110.105.
Ibid., para. 110.81. See also paras. 110.94 and 110.96.
Ibid., para. 110.116.
Ibid., para. 110.115.
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