Open Letter to UN Secretary General Ban Ki-moon from the Cambodian Center for Human Rights

Open letter to United Nations Secretary General Ban Ki-moon from the Cambodian Center for

Human Rights

26 October 2010

Dear Secretary-General,

The Cambodian Center for Human Rights (CCHR) would like to welcome you and your traveling party to Cambodia. We encourage you to use your visit to publicly address pressing human rights issues in Cambodia. In particular, we would like to draw your attention to the following human rights concerns:

Fundamental Freedoms

The fundamental freedoms of Cambodian people - recognized in both national and international law - continue to be eroded and undermined. Freedom of expression has been stifled through what a recent resolution of the European Parliament termed "the strategy of Cambodia's ruling party... to use a politically subservient judiciary to crack down on all government critics." The new Penal Code which is due to come into force in November maintains the crimes of disinformation and defamation, and extends the latter to comments which undermine the reputation of institutions. These charges are regularly used to intimidate and imprison those opposing land evictions, holding labour strikes, or criticizing government actions. Recent union-led strikes by garment-sector workers seeking an increase in the minimum wage led to dismissals of union representatives from factories, and threats of legal action against union leaders.

Rule of Law

The Cambodian judiciary's lack of independence continues to be one of the most important factors preventing Cambodia from developing a fair, just and inclusive society, based on the rule of law. The recent report by the Special Rapporteur for human rights in Cambodia, Surya Subedi found that "corruption seems to be widespread at all levels in the judiciary." Political and economic control of the judiciary fuels continuing impunity for major crimes and prevents Cambodians from fair access to land and housing rights, and recognition and protection of their civil and political rights. The ECCC has also been plagued by allegations of corruption and political interference since its inception. These allegations have not only discouraged donors from committing funds to facilitate the important work of the Tribunal, but have also undermined the fairness and credibility of the Tribunal's work.

Participatory Democracy

Recent and historical actions by the RGC, including the use of politically motivated lawsuits, have marginalized the parliamentary opposition, and prevented elected representatives from opposition parties from playing any meaningful role in representing their constituents. Comments by Government officials have indicated an intention to restrict the activities of NGOs in a forthcoming NGO law. Minorities such as lesbian, gay, bisexual and transgender people suffer from discrimination and abuse, including violence, workplace discrimination, and social and familial exclusion.

In your discussions with the Cambodian government, we urge you to:

• Promote the decriminalization of defamation and disinformation as recommended by the UN Special Rapporteur;
• Press for a commitment from the government to accept and implement the recommendations of the UN Special Rapporteur, particularly in regard to judicial independence, and discuss a clear timetable for their implementation as well as any required UN technical support;
• Publicly call for an end to political interference at the ECCC to ensure it meets international fair trial standards. Urge greater government cooperation with the ECCC in future cases, including with the investigation of the five additional suspects and with the appearance of current government officials as witnesses;
• Suggest that as participants in a liberal democracy, public figures should be prepared to tolerate more criticism and avoid using the courts to silence critics. Untruth is better fought by truth, rather than intimidation through court action;
• Seek assurances that the forthcoming NGO law will not be drafted or applied in such a manner as to restrict the freedom of expression of civil society;
• Promote a shift in political culture to allow for a more inclusive and less divisive approach to governing, including greater and more meaningful efforts at consultation with stakeholders, and a greater commitment to multi-partisan respect and cooperation;
• Promote recognition of the unique challenges faced by ethnic minorities, LGBT people, and other marginalized groups in Cambodia.

Yours sincerely,

Ou Virak

President of the Cambodian Center for Human Rights