Observatory for the Protection of Human Rights Defenders Annual Report 2009 - Cambodia

Political context

The key political event of 2008 in Cambodia was the fourth parliamentary elections in July, in which the ruling Cambodian People's Party (CPP) increased its majority. Although these elections were not tainted by the same level of violence shown in previous elections, they were nonetheless characterised by serious flaws and shortcomings.¹ The run-up to the elections was marked by a misuse of State resources by the CPP through the use of money and gifts from election candidates, an increasing pressure on opposition MPs and activists to defect to the CPP, reprisals against those who refused to defect and a serious crackdown on the freedoms of expression and information, the ruling party holding a virtual monopoly on the media. As the elections grew nearer, violations against non-ruling political activists and journalists increased, through threats, harassment, intimidation, arrests, physical assaults, and even murder. Independent or pro-opposition media, in particular, were the targets of this repression. For example, the radio station FM 105.25 in Kratie was closed down on May 28, 2008 because it sold airtime to political parties competing against CPP in the election,² and Mr. Dam Sith, the Editor-in-chief of Moneaksekar Khmer (a newspaper affiliated with the Sam Rainsy Party – SRP) and also an SRP candidate in the national election, was arrested on June 8, 2008, charged with "defamation and disinformation" and detained in Prey Sar prison for a week after reporting comments by opposition leader Sam Rainsy about the role played by the Minister of Foreign Affairs during the Khmer Rouge regime.³ Finally, fears were mounting that Cambodia could progressively become a one-party State.

In August 2008, the Extraordinary Chambers in the Courts of Cambodia (ECCC) formally indicted former Khmer Rouge prison chief Kaing Guek Eav (alias Duch), which would make him the first leader to stand trial. The ECCC also denied requests by former Khmer Rouge officials Nuon Chea and Ieng Sary to be examined by court-appointed medical experts for the purposes of determining fitness to stand trial and refused a release request by former Khmer Rouge Head of State Khieu Samphan who had argued that the court had insufficient evidence to continue his detention. However, despite these developments, the first trial of Khmer Rouge officials was postponed until 2009 because of appeals and other legal procedures. Further, allegations of corruption and other irregularities in the management of the ECCC continued to put the integrity, credibility and independence of the court at risk.⁴

Restrictive environment for human rights defenders and NGOs

Throughout the year, but especially in the tense political climate surrounding the elections, human rights defenders were frequently viewed by the Government as being associated with the opposition and as advocating against the Government, rather than as counterparts in the promotion of human rights.⁵ Indeed, severe repression of human rights defenders and NGOs continued with the criminal justice system, in particular, frequently being misused as a weapon of intimidation against community representatives, journalists and trade unionists. NGOs in the north east of Cambodia (for example in Rattanakiri, Mondolkiri and Kratie) also reported increased restriction of movement by local authorities, who have forced them to report their movements and activities and threatened to close their organisations.⁶

This restrictive environment to human rights activities was highlighted when, at the first post-election meeting of the Council of Ministers in September 2008, Mr. Hun Sen announced that the "NGO law" (the Law on Associations and Non-Governmental Organisations) would be a priority for the new Government. It is feared that this law will introduce repressive regulations governing the activities and funding of NGOs, which are considered as the only remaining channel of criticism of the activities of the authorities in a country where the party in power has an overwhelming majority in Parliament. The latest version of the draft law was not made public by the Government but previous versions of the law included complex registration requirements that would be onerous for smaller NGOs and community-based associations. Such requirements would provide the Government with the opportunity to delay or deny registration to NGOs or associations it dislikes. Other provisions included the criminalisation of unregistered associations and a prohibition on conducting activities for undefined "political interests", which could be used to prevent NGOs from taking up the cases of repressed political activists. The Government claimed that the law is necessary to ensure that NGOs are not financed by terrorist groups. However, the link between NGOs and terrorism is unwarranted and, given the previous drafts of the law and the Government's attitude towards human rights defenders, there is good reason to fear that the law would be selectively used to restrict legitimate work by civil society organisations working on human rights and other sensitive issues.⁷

Furthermore, as already reported in 2007, Mr. Yash Ghai, Special Representative of the UN Secretary-General for Human Rights in Cambodia, bore the brunt of some of the Government's harshest attacks. 2008 marked no change in this attitude. For instance, Mr. Ghai faced visa difficulties that prevented him from visiting the country.⁸ In September 2008, Mr. Ghai tendered his resignation as Special Representative, after repeating many of the recommendations the first Special Representative had made, and citing the failure of the Cambodian Government to implement many of the recommendations made by himself and his predecessors as well as the lack of support from the UN and the international community given to him, which, he said, had merely encouraged Prime Minister Hun Sen to insult him continuously.⁹

Finally, 2008 also saw a return of serious repression against the media, with the murder of Mr. Khim Sambo, a journalist for Moneaksekar Khmer ("Khmer Conscience"), during the national election campaign in July – the first such killing of a journalist in five years. On July 11, 2008, less than two weeks before the elections, Mr. Khim Sambo was shot dead by two men on a motorcycle, in Phnom Penh. His son was also killed in the attack. Mr. Sambo had written many articles exposing abuses, corruption and nepotism by high-ranking Government officials, in particular in the ruling Cambodia People's Party.¹⁰ As of the end of 2008, no one had been arrested for his murder.

Continuing repression against defenders of the right to land and natural resources

In 2008, it was estimated that 150,000 Cambodians were at risk of being forcibly evicted as a result of land-grabbing and land disputes. Community activists who tried to assist their fellow villagers to protect their land were often targeted, whilst the rich and the powerful responsible for both the evictions and the repression of defenders of the right to land continued to enjoy widespread impunity. The authorities showed themselves to be willing accessories to these actions, assisting in violent evictions, rather than resolving disputes through peaceful negotiation. A climate of fear, violence and confusion prevailed. In addition, impunity continued to be a key feature of these violations. The death of a community activist from Stung Treng, Mr. Seng Sarorn, in July 2007, and the fatal shootings of two unarmed Preah Vihear villagers during an eviction in November 2007 had still not been properly investigated as of the end of 2008. In many cases, human rights defenders themselves were subject to criminal investigations and prosecutions, rather than the perpetrators of violations against them.

Heavy police presence, physical assault, threats, arrests, detentions and groundless and arbitrary criminal charges were all used to intimidate community activists and other defenders advocating for the right to land, adequate housing and against illegal exploitation of natural resources. In January 2008, Ms. Ros Pouv, a female community representative at Phnom Penh's Dey Krahorm village, was sentenced to six months' imprisonment, with a further 18 months suspended, for "physical assault" in relation to an incident in August 2007, in which it was alleged that she had assaulted and injured several employees of 7NG (the company that claims the land). The conviction relied solely on evidence from 7NG employees and no evidence was produced by the prosecution showing the alleged injuries. Land rights defenders were also targeted elsewhere. For example, in May 2008, the authorities prohibited a protest march against land-grabbing and illegal logging of ancestral lands by ethnic minorities including Jarai, Phnong, Kreung and Tompoun people in Rattanakiri province. When a public meeting was held instead, a heavy police presence was used to intimidate the participants. This incident is just one in an ongoing dispute between ethnic Jarai villagers and Ms. Keat Kolney, sister of the Finance Minister and wife of the Land Management Minister, who is clearing disputed land for a rubber plantation.¹¹ In June 2008, representatives of five communities that had filed public complaints against land-grabbing were prevented from holding meetings and were threatened by police to deter them from delivering the complaints to the authorities in Phnom Penh. A public forum to discuss the complaints was also shut down by the authorities and reports of physical violence and other forms of intimidation were received.

Moreover, human rights organisations were prevented by the authorities from investigating and documenting forced evictions and illegal land appropriation. On June 24, 2008, members of the Cambodian League for the Promotion and Defence of Human Rights (LICADHO) and the Cambodian Human Right and Development Association (ADHOC) were prevented from entering Chey Sena village in Kampot province where soldiers had set up roadblocks in response to the villagers' resistance to forced evictions, which reportedly were to make room for a tree nursery.¹² Later in the year, further evictions occurred in the same area, with soldiers once more setting up roadblocks to prevent human rights monitors and medical workers from witnessing the evictions. Besides, defenders and journalists reporting on land-grabbing and the illegal and abusive exploitation of natural resources were also victims of intimidation and reprisals, including having their identity cards confiscated, and death threats. For instance, on March 6, 2008, two villagers and Mr. Chun Sophea, ADHOC provincial activist in Banteay Meanchey, were reported of receiving death threat after reporting illegal logging committed by provincial military police. On March 3, 2008, Mr. Chan Thy, reporter of the provincial newspaper Kampuchea Thmei, received death threat while he tried to require response from armed force allegedly involved in such violations. On March 17, 2008, three journalists in Kratie, Messrs. Ly Yut, Sor Phearith and Prak Nath, were stripped of their identity cards after investigating deforestation in the province.¹³

Intimidation and violence against trade unionists

In 2008, the Government finally agreed to allow an International Labour Organisation (ILO) mission to Cambodia to evaluate what efforts had been made by the authorities to investigate murders and other violence against trade unionists. In particular, the mission examined the murders of Mr. Chea Vichea, President of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) in January 2004, and of his fellow union officials Messrs. Ros Sovannareth (May 2004) and Hy Vuthy (February 2007). The ILO mission took place in April 2008 and, according to a November report by the ILO Committee on Freedom of Association, found that the three murders had not been subjected to a transparent, independent and impartial investigation by Cambodian authorities. The mission criticised the grossly unfair trials given to Messrs. Born Samnang and Sok Sam Oeun, two men convicted of Mr. Chea Vichea's murder, as well as that of Mr. Chan Sopheak, known as Thach Saveth, the man convicted of Mr. Ros Sovannareth's killing. Furthermore, the mission concluded that the Government had "demonstrated an unwillingness to engage in fully frank discussions over these serious matters, and provided no concrete indications that it would act upon [...] any of the [ILO] Committee's [...] recommendations" for serious investigations into the killings.¹⁴ However, in a welcome development, the Cambodian Supreme Court ordered on December 31, 2008 the release on bail of Messrs. Born Samnang and Sok Sam Oeun and sent the case back to the Court of Appeals to be retried. The two men spent close to five years in prison on false charges of killing Mr. Chea Vichea in a judicial process marred by political interference, intimidation of witnesses, and other violations of international legal standards. Nonetheless, Mr. Thach Saveth, who received a blatantly unfair trial and was sentenced to 15 years' imprisonment in February 2005 for Mr. Ros Sovannareth's murder, remained in prison as of the end of 2008.

In 2008, trade union leaders and members continued to be the targets of assault, and the perpetrators continued to mostly go unpunished. Union representatives and members in the garment industry in particular were the focus of attacks. In early January 2008, police forcibly dispersed 300 Khmer Youth Union Federation workers at the Cambodia Apparel Industry Ltd in Kampong Speu province who were complaining about labour rights violations and the dismissal of probation workers and union leaders. On February 6, 2008, at least ten members of the Cambodia Confederation of Apparel Worker Democratic Unions (CCAWDU), who were striking to demand the reinstatement of 19 union representatives dismissed in June 2007 and demanding payment of wages, were injured (five of whom were hospitalised) when police and military police used excessive force to clear them from the entrance to the Kingsland garment factory in Phnom Penh. On February 28, 2008, Mr. Keo Sokun, FTUWKC President at the New Mingda garment factory in Phnom Penh, was assaulted by four men carrying a samurai sword. Two of the four perpetrators were caught and were subsequently convicted of physical assault, receiving disproportionately light sentences.¹⁵ Mr. Keo Sokun had been negotiating with factory management and the pro-Government union, Cambodian Union Federation, for better working conditions and higher wages.

Repression faced by defenders of religious freedom and asylum-seekers

The end of 2007 was marked by the violent suppression by the authorities of a peaceful gathering of 48 Khmer Kampuchea Krom monks in front of the Vietnamese Embassy on December 17, 2007. The monks had gathered to submit a petition calling for the release of a Khmer Krom monk, Mr. Tim Sakhorn, who had been deported and imprisoned in Viet Nam, and subsequently subjected to house arrest. Both the continuing restrictions on Mr. Tim Sakhorn's liberty and this violent suppression of support for him continued to have significant repercussions for Khmer Krom monks throughout 2008, who feared that further violence would occur if they held any public events or gatherings, at a time when harassment of Khmer Krom monks has persisted.

Those assisting asylum seekers also continued to be the targets of harassment, arrests and detentions. For example, in June 2008, the Phnom Penh Court sentenced Messrs. Phan Savang and Leir Yainghay to four months' imprisonment for helping members of the Montagnard tribe seeking asylum under the UN Refugee Convention due to political and religious persecution in Viet Nam.

Urgent Interventions issued by the Observatory in 2008¹⁶

1 It should be noted in particular that many people found their names unaccountably missing from voter lists on election day and were therefore denied their right to vote.

2 The Government argued that it had been closed due to violation of a condition in its radio licence that it had to seek Ministry of Information permission before selling airtime to anyone, despite there being no requirement for this under Cambodian law.

3 Mr. Dam Sith was released on bail one week later and the Minister of Foreign Affairs said he would drop the charges against Mr. Sith. See Report of the Cambodian League for the Promotion and Defence of Human Rights (LICADHO), Promoting and Defending Human Rights in Cambodia: January – June 2008, August 2008.

4 See also Mr. Yash Ghai's comments to the Human Rights Council, UN Press Release, September 15, 2008.

5 See Cambodia Centre for Human Rights (CCHR).

6 Idem.

7 See LICADHO.

8 See UN Press Release, September 15, 2008.

9 According to Mr. Ghai, Mr. Hun Sen had called him "deranged", "short term tourist" and "lazy". See UN Press Release, September 15, 2008.

10 See CCHR.

11 The lawyers acting in the case against Ms. Keat Kolney were called to the court on August 1, 2008 and "informed" by the judge that the criminal investigation into the lawyers was not yet concluded and that they should be careful about speaking with the media as they may face defamation charges. The lawyers subsequently filed a motion to remove the judge from the case, after which one of the lawyers received an anonymous threatening call. See Community Legal Education Centre (CLEC).

12 ADHOC and LICADHO were later allowed to visit the area together with employees of the UN High Commissioner for Human Rights, but were restricted in their activities, given the continuous observation by soldiers. All remaining villagers were later forced out of the area, with four being arrested and several injured.

13 See CCHR, Human Rights Alert, Volume 1, Issue 4, April 2008.

14 See Conclusions of the ILO Committee on Freedom of Association regarding violence against Cambodian trade unionists, November 2008.

15 One was sentenced to six months' imprisonment. The other received an 18-month prison sentence but it was fully suspended. See LICADHO.

16 See the Compilation of cases in the CD-Rom attached to this report.