Original report from Phnom Penh
26 October 2007
A pro-democracy forum was thwarted by police and military in Stung Treng province Friday, organizers said, while police said they were breaking up an unlawful gathering.
The Voice of Democracy, an a radio program of the Cambodian Center for Human Rights, planned to hold a forum Friday, but program director Pa Nguon Teang said dozens of police and military were deployed outside the gates of the venue that morning, barring villagers from "listening and expressing opinions," in "a violation of the freedom of expression."
Police and soldiers "came to tell us last night not to [hold the forum], and they ordered the structure to be dismantled this morning," Pa Nguon Teang said. "But we did not dismantle it.…This morning, the only goal was not to let us have the forum."
Stung Treng Police Chief Chhuk Komol said police were dispatched to stop an illegal assembly.
"The story is not true. The forum should have had permission from the provincial authorities," he said. Instead, "they do whatever they want, not abiding by law, and they finish their work according to what they want to do."
The head of the new Human Rights Party, an opposition upstart for next year's national elections, is Kem Sokha, the former director of the Cambodian Center for Human Rights. Chan Saveth, an investigator for the rights group Adhoc, said the authorities had violated the group's right to assemble.
He compared the authorities to a snail in a Cambodian fable. In it, a rabbit and snail agree to race around a pond. But the snail organizes a relay with other strategically placed snails, so that whenever the racing rabbit calls out, the snail in front of him answers. The rabbit is thus tricked into believing he has lost the race.
The Voice of Democracy, an a radio program of the Cambodian Center for Human Rights, planned to hold a forum Friday, but program director Pa Nguon Teang said dozens of police and military were deployed outside the gates of the venue that morning, barring villagers from "listening and expressing opinions," in "a violation of the freedom of expression."
Police and soldiers "came to tell us last night not to [hold the forum], and they ordered the structure to be dismantled this morning," Pa Nguon Teang said. "But we did not dismantle it.…This morning, the only goal was not to let us have the forum."
Stung Treng Police Chief Chhuk Komol said police were dispatched to stop an illegal assembly.
"The story is not true. The forum should have had permission from the provincial authorities," he said. Instead, "they do whatever they want, not abiding by law, and they finish their work according to what they want to do."
The head of the new Human Rights Party, an opposition upstart for next year's national elections, is Kem Sokha, the former director of the Cambodian Center for Human Rights. Chan Saveth, an investigator for the rights group Adhoc, said the authorities had violated the group's right to assemble.
He compared the authorities to a snail in a Cambodian fable. In it, a rabbit and snail agree to race around a pond. But the snail organizes a relay with other strategically placed snails, so that whenever the racing rabbit calls out, the snail in front of him answers. The rabbit is thus tricked into believing he has lost the race.
27 comments:
Oh good to see that our law enforcers did a great job in enforcing our law well.
what laws did the authority enforce well? I am afraid tht police said the activities violated law, but the police did not know what law they talked about. When police had hammer in their hands, they saw everything as nails.
From a khmer in France.
To every one,
I hope that after the 2008 election , no one will touch Hun Sen because he is also a hero for many cambodians.
Hun Sen is more better than Sihanouk and Pol Pot.
If Cambodia is not under the Youn control, he can be better than Lon Nol.
The Cambodia's economie had also improved.
Many people will be pleased if he kick Hok Lundy out.
We want to fight against these bad things: corruptions , lands grabbing and poverty among many of our coutrymen.
I hope and I pray that Cambodia will be a peaceful country forever.
4:23, if you want peaceful and stable Cambodia, just round up all Ah Khmer-Yuon and send them back to Vietnam. That will eliminate 50%+ of khmer issues right there.
What do you mean, "what law," 3:39? didn't you read recently about the new decree that was passed and released that required people to get official approval in order to demonstrate or any assembly... .
Samdach Akkak Mona Sena Bat Dey Dek Cho Hun Sen Did a great jobs since 1979 to present, you look at our new Cambodia now every grow, and growing more villas nore buses, more highways, more TV, more manufucturers, more schools.ect.; if you compared to Sangkum Reahr Niyum old regime, our new Kampuchea grew than 2,000 times faster, and if you comprared to Lon Nol regime 3,000 times higher, and if you compared to Pol Pot we are 50,000 times lightspeed.
So, all khmer inside and abroad please don't listen to the old CRABS talk or convincing you...we CPP party the best and powerful no, one, we mean NO 1 can touch us. even that old tiger and a son of the tiger has no authority to tell us what soever.... Vote for and support CPP to rule our new Kampuchea for ever... thank to all Khmer.
Black-teeth Yuon Vietcong troller on KI-media like this animal@4:33 AM that is pretending to be khmer and calling khmer "Ah Khmer-Yuon" must be euthanized asap...
Qeul con! le type @4:23AM...Mdr!
SRP must be careful with Kem Sokha, he is recieving money from Hun Sen to destroy SRP. That is why he is keeping barking at SRP (eg. terms)but not at CPP.
Melbourne, Australia
Funcipec members please be a ware of the BULLDOG Kem Sokha and Keo Ramy , they are Hun Sen Cliques sent to demostrate and decimate of their Old Party. So they can take over you members or control you party without cost of any cent.
Becareful with these BULLDOG though.
Hey, quit fighting everyone, Samdach already decided to win the National Election with 110 seats for CPP
8 seats for Funcipec
4 seats for RNP
2 seats for SRP
Tha deal was done.
So ordered by the heaven!
AH HUN SEN Vietcong slave is enforcing his jungle laws!
Où sont les membres de Funcinpec?
Funcinpec doit lancer l'Opération de Doublement des Unités.Afin d'avaler SPR, et unité centrale hors des affaires.
Allant de pas avec l'augmentation de la force dans les trois services de Funcinpec, ils doivent appeare la pratique de la promotion rapide des officiers et non commissionné officiers, actives et inactifs au point le plus élevé de provoquer des sentiments de plus en plus plus profonds de jalousie dans les forces armées; et ceci n'indique rien de l'inévitable et de plus en plus drain sérieux sur leur budget de campagne.
Nous sommes Funcinpec devons combattre en arrière SRP. Tombé en bas de SRP et al.
Mr. 4:37 AM,
A decree is not a law. It is a regulation. This regulation should be based on one or many laws, and these laws are based on our constitution.
Please visit this website to check the hierarchy of laws and regulations:http://www.bigpond.com.kh/Council_of_Jurists/z/Typolg.htm.
The constitutionality of laws, and the legality and constitutionality of regulations or decrees are the necessary elements of the rule of law.
If our Parliament did really control the activities of our government according to our constitution, it would request the government to nullify that decree when it was based on no law.
If this issue were raised with our courts and our constitutional council, and if these institutions were independent, competent and impartial, they would rule that the decree in question was unconstitutional when it violated the constitutional right to freedom of assembly.
If Cambodia had ratified the first Optional Protocol to the International Covenant on the Civil and Political Rights, the matter were raisd with the Human Rights Committee created pursuant to this Covenant, this Committee would rule that the decree in question was in breach of cambodia's constitition and of the same Covenant to which Cambodia is a party.
The Committee would then order the Cambodian government to nullify that decree. The problem is that our country has not the concerned Protocol yet, though our government has already signed it.
The rule by decree means dictatorship, and we have well known the consequences of this rule under previous regimes.
LAO Mong Hay, Hong Kong
Dr. Loa, we do have to follow a decree as we do law. So what is the difference?
And where did you hear that our MP passed a decree that is not conform to the constitution? I remembered reading that it was derived from a few articles of the constitution. I doubt that our MP could pass any unconstitutional decree without a bunch of oppositions jumping on them if you know what I mean.
Let's put Animal Vietcong troller's head @4:33PM posing as Khmer here on KI-Media on the auction block now starting at 20 bucks ($20.00)...
No one has been a PM for so long times .
Now it is the time to change things in order to improve the standards of living of all cambodians and to bring real democracy, an independant justice and peace to the country.
Yeah...starting by auctioning off this Viet troller's head here on KI-media: $21.00; Feel free to bid up or down for any info leading to the arrest and conviction and to euthanize this Animal Viet troller@4:33AM to stop its sabotage on Khmer blog.
7:24, wake up, the standard of living is getting better and better, and PM Hun Sen will continued to lead until he's 115, and once more, the Pure Khmer will shattered all records and go down in history as the greatest leader of all times.
Is has been ordered by the heaven, and no one can do anything about it without facing a serious consequences as they did in the 70's, comprendre?
To 10:43 PM
You must know that the US and The european are protectind Cambodia.
If the cpp members want to destroy the country by creating civil war or killing people, they have to face a cpp tribunal like the KRT.
So you should respect the law.
11:14, if you think that the CPP wants destroying Cambodia, all I can say is they have done quite a poor job at it. Just look at Pot Pot, he accomplished that in just a few short years, isn't that the truth?
To 11:22 PM
I am agree with you.
Hun Sen is a good man .
If he was born as a prince like Sihanouk, Cambodia would be a prosperous country .
I just want to tell the cpp members that in every competition, like the football, there is a winner and a loser.
The winner is not sure to be the strongest party.
Every body must be fair and accept the rule.
But all politicians have to work for the country.
Yes, you're right about working together, 12:04, but will we be lucky enough to have noble people who will put our country above their own interest?
Mr. 12:52 PM
There is a big difference between a law and a decree. The parliament never passes a decree. A decree is issued by the government. The royal decree is signed by the King, and the sub-decree by the Prime Minister. There are other decrees or regulations which are signed by ministers.
All decrees must be based on laws, and laws based on the constitution.
Another difference is that when a government can issue decrees at will without reference to any law, it will become a ditatorial government. The Khmer Rouge ruled by decree, and all Cambodians of that generation experienced the consequences of its rule by decree.
Rule of law means equality before the law and equal protection by the law. It also means that no one is above the law, the government is governed by law and the constitution. No one cannot be deprived of their liberty without the due process of law.
The police in Stung Treng deprived people of their freedom of assembly without any due process of law. Their action is based on a decree and not a law. Freedom of assembly is a constitutional rights of all Cambodians.
They could deprive such freedom of assembly if and only if that assembly was violent, disturbed public order, blocked the traffic or did harm to other people. That assembly was to be peaceful, would not disturb public order, block any traffic or do any harm to other people.
In a country governed by the rule of law, that police action would be unconstutional.
My arguments are aimed at helping our rulers to become great leaders of a great democracy governed by the rule of law, and not violators of human rights and dictators.
Perhaps, other people might want our rulers to be violators of human rights and dictators. I'm sure they don't want or like to be such rulers. After all they have signed all relevant international human rights instruments and are also the makers of our constitution which recognises and guarantees all human rights and fundamental freedoms.
I hope this brief explanation is of some help to you.
LAO Mong Hay, Hong Kong
Dr. Lao, you're right about the forming the decree, but members of MP is still part of government. I will be surprise if we just allowed anyone to pass any decree or sub-decree in Cambodia. This is not a wild wild west, you know? Furthermore, I doubt that the King would just blessed anything without knowing who it was from.
Anyhow, it is not as important to know how the decree was formed as the decree itself. Therefore, let's focus on the decree itself, shall we?
In this instant, you claimed that the decree was unconstitutional because the people have been denied their freedom of assembly, but I argue that that is not so. In the interest of national security and for the safety of all citizens, -- as you know sometime an assembly can get ugly -- people is required to disclose the nature of the assembly or demonstration before it will be approved. Is such prerequisite really unconstitutional, Dr Lao?
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