A/HRC/12/41 page 11 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.