Rights worker’s hearing delayed

Adhoc head of monitoring Chan Soveth at a press conference in Phnom Penh earlier this year. Photograph: Pha Lina/Phnom Penh Post

Friday, 24 August 2012
Chhay Channyda
The Phnom Penh Post

A Phnom Penh Municipal Court judge yesterday approved a proposal to delay the case against human-rights worker Chan Soveth, according to his employer, Adhoc.

Soveth has been accused of providing assistance to “specific perpetrators”. Although the court did not provide names, an anonymous court official recently told the Post that the charges are related to an alleged secessionist plot in Kratie province’s Chhloung district, which authorities claim was led by Bun Ratha.

Ny Chakrya, the head of Adhoc’s monitoring section, said yesterday Judge Chhe Virak had notified Soveth’s lawyer that he had agreed to suspend the case, although he did not provide a future date.

Accusations against Chan Soveth constitute freedom restriction and serious threats

អនុប្រធាន​ផ្នែក​ស៊ើប​អង្កេត នៃ​អង្គការ​ការពារ​សិទ្ធិ​មនុស្ស​អាដហុក (Adhoc) លោក ចាន់ សុវ៉េត និយាយ​ក្នុង​ពិធី​ខួប​លើក​ទី​២០​របស់​អង្គការ​លីកាដូ (Licadho) កាល​ពី​យប់​ថ្ងៃ​ទី​១៦ ខែ​សីហា ឆ្នាំ​២០១២។ (RFA/Sok Serey)

មូលហេតុ​​តុលាការ​ចោទ​ប្រកាន់​លោក ចាន់ សុវ៉េត

2012-08-18
ដោយ ខែ សុណង
Radio Free Asia

ក្រុម​មន្ត្រី​អង្គការ​សិទ្ធិ​មនុស្ស​បាន​ចាត់​ទុក​ករណី​សាលា​ដំបូង​រាជធានី​ភ្នំពេញ​ចេញ​ដីកា​កោះ​ហៅ​សកម្មជន​ការពារ​សិទ្ធិ​មនុស្ស ថា​ជា​ការ​បំបិទ​សិទ្ធិ​សេរីភាព និង​គំរាម​កំហែង​យ៉ាង​ធ្ងន់ធ្ងរ។

មន្ត្រី​អង្គការ​សង្គម​ស៊ីវិល​ជាង​២០​បាន​នាំ​គ្នា​រិះគន់​ថា ដីកា​កោះ​ហៅ លោក ចាន់ សុវ៉េត បាន​ធ្វើ​ឡើង​បន្ទាប់​ពី​លោក​នាយក​រដ្ឋមន្ត្រី ហ៊ុន សែន ថ្លែង​សន្ទរកថា​ជា​សាធារណៈ​នោះ។

ក្រុម​អ្នក​ច្បាប់ និង​មន្ត្រី​អង្គការ​ផ្នែក​សិទ្ធិ​មនុស្ស​អះអាង​ថា ការ​ចោទ​ប្រកាន់​លោក ចាន់ សុវ៉េត អនុ​ប្រធាន​ផ្នែក​អង្កេត​នៃ​សមាគម​អាដហុក គឺ​ជា​រឿង​នយោបាយ ពីព្រោះ​លោក​មិន​បាន​ប្រព្រឹត្ត​ដូច​ការ​ចោទ​ប្រកាន់​នោះ​ឡើយ។

ចៅក្រម​ស៊ើបសួរ​សាលា​ដំបូង​រាជធានី​ភ្នំពេញ លោក ឆែ វីរៈ បាន​ចេញ​ដីកា​កោះ​ហៅ​លោក ចាន់ សុវ៉េត ឲ្យ​ចូល​ខ្លួន​នៅ​ថ្ងៃ​ទី​២៤ សីហា ទាក់ទង​ទៅ​នឹង​ការ​ចោទ​ប្រកាន់​ពី​បទ ការ​ផ្ដល់​ជំនួយ​ដល់​ចារី ឬ​ផ្តល់​ជំនួយ​ដល់​អ្នក​ប្រព្រឹត្ត​បទ​ល្មើស​តាម​មាត្រា​៥៤៤ នៃ​ក្រម​ព្រហ្មទណ្ឌ។

ប្រធាន​មជ្ឈមណ្ឌល​សិទ្ធិ​មនុស្ស​កម្ពុជា ស៊ី​ស៊ី​អេក​អរ (C.C.H.R) លោក អ៊ូ វីរៈ បាន​រិះគន់​ថា ការ​ចោទ​ប្រកាន់​លោក ចាន់ សុវ៉េត គឺ​ជា​រឿង​នយោបាយ ជា​ការ​គាប​សង្កត់​ទៅ​លើ​សិទ្ធិ​សេរីភាព​ការងារ​សិទ្ធិ​មនុស្ស ដែល​អាច​ឲ្យ​តុលាការ​ដែល​មិន​អាច​បញ្ចេញ​តួនាទី​បាន​ដោយ​ឯករាជ្យ។

Joint Media Statement- Charges Against ADHOC Staffer

https://www.box.com/s/b15b50af2ace04d743a9



https://www.box.com/s/6a4eaf07cc79ba395973

Vague charges for Cambodian NGO official

Chan Soveth (Photo: Ir Channa, RFI)

Wednesday, 15 August 2012
Buth Reaksmey Kongkea
The Phnom Penh Post

“I am now wondering what proof or evidence or offence that the court has accused him of, and then charged him with”

In a mysteriously vague citation, Adhoc monitoring head Chan Saveth has been called to the Phnom Penh Municipal Court to face charges of “providing assistance to specific perpetrators”.

Although the court’s summons, which asks Saveth to appear on August 24, provides no specifics as to the “perpetrators” in question, a court official who spoke to the Post on condition of anonymity said the term was a reference to Bun Ratha and his associates.

Ratha was accused of being a “secessionist” and inciting villagers in a land dispute in May that led to the death of a teenage girl in Kratie province. The death came only weeks after environmentalist Chut Wutty was shot dead in Koh Kong province.

Prominent Rights Advocate Summoned for Court Questioning [-Corrupt officials are released while human rights defenders are summoned]

Chan Soveth (Photo: Ir Channa, RFI)

He is accused of aiding Bun Rotha, a village activist who helped organize a land protest in Kratie province in May.

14 August 2012

Sok Khemara, VOA Khmer

PHNOM PENH - Chan Saveth, a senior investigator for the rights group Adhoc, has received a summons from Phnom Penh Municipal Court to answer questions related to allegations he helped an alleged secessionist leave the country.

He is accused of aiding Bun Rotha, a village activist who helped organize a land protest in Kratie province in May that authorities have claimed was an uprising against the government.

That protest, which led to a violent crackdown by the authorities, and an alleged secessionist movement associated with it have been cited in the detention of Mam Sonando, the owner of Beehive Radio.

Chan Saveth, who is 44, said he appears to have been charged with crimes already, though the specific crimes remain unclear. “Based on the subpoena my wife read to me, it means I have been charged already, on what crime I don’t know,” he told VOA Khmer by phone.

ADHOC concerned about charges on Chan Soveth

​លោក ចាន់ សា​វ៉េ​ត ប្រធាន​ក្រុម​ស៊ើបអង្កេត​របស់​អង្គការសិទ្ធិមនុស្ស​អាដ​ហុក 

អាដហុក បង្ហាញ​ក្តីបារម្ភ ចំពោះ​ការប្តឹង​ចោទប្រកាន់​លោក ចាន់ សា​វ៉េ​ត​

ថ្ងៃទី 14 សីហា 2012
ដោយ: សុខ ភក្តី
Cambodia Express News

ភ្នំពេញ: អង្គការ អាដហុក បានបង្ហាញ​ក្តីបារម្ភ ចំពោះ​ការប្តឹង​ចោទប្រកាន់​លោក ចាន់ សា​វ៉េ​ត ប្រធាន​ក្រុម​ស៊ើបអង្កេត​របស់​អង្គការសិទ្ធិមនុស្ស​អាដ​ហុក ពាក់ព័ន្ធ​នឹង​ជម្លោះ​ដីធ្លី នៅ​ស្រុក​ឆ្លូង ខេត្ត​ក្រចេះ​។ អាដហុក បាន​កោះប្រជុំ​បន្ទាន់​មួយ នៅ​ល្ងាច​ថ្ងៃទី​១៤​សីហា ឆ្នាំ​២០១២ លើ​ករណី​នេះ​ផង​ដែរ​។​

​សេចក្តីថ្លែងការណ៍​ចំហ​ចុះ​ថ្ងៃ​ទី​១៤​សីហា ឆ្នាំ​២០១២ បង្ហាញថា សមាគម​អង្គការ​អាដហុក សូម​សំដែង​ការព្រួយបារម្ភ​យ៉ាង​ជ្រាលជ្រៅ​បំផុត ចំពោះ​ដីកា​បង្គាប់​ឲ្យចូល​ខ្លួន ដែល​ចេញ​ដោយ​លោក ឆែ វីរៈ ចៅក្រម​ស៊ើបសួរ​សាលាដំបូង​រាជធានី​ភ្នំពេញ កាលពី​ថ្ងៃ​ទី​៩ ខែ​សីហា ឆ្នាំ​២០១២​។ លោក​ចាន់​សា​វ៉េ​ត ជា​អ្នក​ស៊ើបអង្កេត​ជាន់ខ្ពស់ និង​ជា​អនុប្រធាន​ផ្នែក​ត្រួតពិនិត្យ​សិទ្ធិមនុស្ស របស់​សមាគម​អាដហុក ត្រូវ​បាន​កោះ​ហៅ​ឲ្យចូល​បំភ្លឺ​នៅ​មុខ​ចៅក្រម​ស៊ើបសួរ ឆែ វីរៈ នៅ​ម៉ោង ៨ និង ៣០ នាទី​ព្រឹក​ថ្ងៃទី​២៤ ខែ​សីហា ឆ្នាំ​២០១២​។​

​សេចក្តីថ្លែងការណ៍ លើកឡើងថា លោក​ចាន់​សា​វ៉េ​ត អាយុ ៤៤ ឆ្នាំ ត្រូវបាន​គេ​ចោទ​ប្រកាន់ថា បាន​ផ្តល់​ជំនួយ​ដល់​ចារី​ជាអាទិ៍ ( អ្នកប្រព្រឹត្ត​បទឧក្រិដ្ឋ ) ប្រព្រឹត្ត​នៅ​រាជធានី​​ភ្នំពេញ កាលពី​ខែ​ឧសភា ឆ្នាំ​២០១២ តាម​បញ្ញត្តិ មាត្រា ៥៤៤ នៃ​ក្រម​ព្រហ្ម​ទណ្ឌ​។ ការចោទប្រកាន់​នោះ អាច​នឹង​ឲ្យ​លោក​ចាន់​សា​វ៉េ​ត ជាប់​ពន្ធនាគារ​ពី ១ ឆ្នាំ ទៅ ៣ ឆ្នាំ​។​

Thai forces 'kill 38 Cambodian loggers in six months'

AFP – 08/14/2012

Thai forces shot dead 38 Cambodians in the first half of this year for illegally crossing the border to log for valuable timber, according to the Cambodian authorities.

A further 10 Cambodians were injured in incidents with Thai border forces and 194 were arrested, though not all of them on suspicion of illegal logging, the Cambodia-Thailand Border Relations Office said in a report dated August 12.

The number of fatalities dwarfs the toll last year when around 11 alleged Cambodian loggers were reported killed over a 12-month period, according to statistics collected by local rights group ADHOC.

Nicolas Agostini, a technical assistant at ADHOC, blamed the spike in deaths on a growing number of frontier residents willing to risk their lives to escape poverty.

Subpena issued against Chan Soveth, Adhoc's Human Rights Defender

Chan Soveth (Photo: Ir Channa, RFI)

Cambodia: Continued Disruption Of Community Empowerment

Monday, 30 July 2012
Press Release: Asian Human Rights Commission

A Joint Statement from the Cambodian Human Rights and Development Association and the Cambodian Center for Human Rights forwarded by the Asian Human Rights Commission (AHRC)

Phnom Penh, 27 July 2012 -- The Cambodian Human Rights and Development Association (ADHOC) and the Cambodian Center for Human Rights (CCHR) condemn the disruption of a training session on land rights jointly organized in Rattanakiri province this morning. ADHOC and CCHR call on all public authorities to put an end to intimidation of human rights workers and to comply with Cambodia’s obligations by upholding citizens’ rights to free expression and assembly.

At 8:30am on 27 July, as villagers gathered in a house in Patang village, Patang commune, Lumphat district, three commune police officers, one provincial police officer, the Village Chief, the Commune Chief and the Deputy Commune Chief knocked on the door and demanded that the meeting be discontinued. They argued that they received orders from provincial authorities and that the meeting organizers failed to satisfy notification requirements.

Mr. Pen Bonnar, ADHOC’s Provincial Coordinator, ignored the orders and proceeded with the meeting. Fifteen minutes later, two additional police officers were sent by the district authorities. One of them carried an M-16 assault rifle. Considering this threat and in view of the attendees’ physical safety, ADHOC and CCHR decided to stop the meeting. Upon their departure, Patang Commune Chief accused ADHOC of engaging in incitement activities. Pen Bonnar now intends to file a complaint for defamation against Patang Village Chief. CCHR staff were told by police that if they did not leave the area, their security would not be guaranteed.

Commune Polls Marred by Irregularities

Cambodia gears up for its third ever commune-level elections.

2012-06-01
Radio Free Asia

Cambodia’s weekend commune vote, expected to be dominated by Prime Minister Hun Sen’s ruling party, has been marred by campaign irregularities despite a general improvement in election conditions from past years, a monitoring organization said Friday.

The Committee for Free and Fair Elections in Cambodia (Comfrel) said in a new report that three political parties’ activists were killed during campaigns in the run-up to Sunday’s vote, the country’s third-ever commune-level elections.

The group could not conclude whether the killings of the activists from three opposition parties—the Sam Rainsy Party, the Human Rights Party, and the Norodom Ranariddh Party—were politically motivated, but said the incidents were likely related to the election because they happened during the campaign period.

Comfrel found at least 100 cases of irregularities during the election campaign, including intimidation, vote-buying, and the destruction of parties’ leaflets and logos.

“On the negative side, we have seen that the [ruling] Cambodian People’s Party has used state resources and civil servants to conduct their campaign, and that state control and private media are biased toward the ruling party,” said Comfrel Board of Directors member Thun Saray, who is also the president of the rights watchdog ADHOC.

Nearly 15 Percent of Cambodia Under Land Concession: Report

Nearly 200 families were moved here from the city, following a forced eviction at Borei Keila, a Phnom Penh neighborhood slated for development by the company Phan Imex. (Photo: by Heng Reaksmey, VOA Khmer)

Friday, 23 March 2012
Kong Sothanarith, VOA Khmer | Phnom Penh

“Economic land concessions help destroy Cambodia’s forests, prevent state revenue and leave villagers poor.”

Cambodia has 2.3 million hectares of land under concessions, a new report by the rights group Adhoc says.

The concessions, which would represent about 14.7 percent of Cambodia’s total land mass, were given to 225 national and international companies, the Adhoc report says.

Government officials rejected the findings, but such concessions to private companies have been at the heart of increased landlessness in recent years and present a nettling challenge for public officials.

“Economic land concessions help destroy Cambodia’s forests, prevent state revenue and leave villagers poor,” said Son Chhay, a lawmaker with the opposition Sam Rainsy Party.

Rights worker queried over ‘inciting’ lawsuit

Tuesday, 13 March 2012
Chhay Channyda with additional reporting by Cassandra Yeap
The Phnom Penh Post

A rights worker was questioned at court yesterday for allegedly providing coercive legal consultation to a woman filing a sexual harassment complaint, in what legal experts have said is an abuse of the justice system.

Defence lawyer Long Lun said Cambodian Mine Action Centre official Oum Socheath had filed the complaint against his client Soum Chankea, rights group Adhoc’s Banteay Meanchey coordinator, for allegedly inciting waitress Hi Theavy to sue him.

He said Soum Chankea had originally been summonsed for defamation but discovered at court he had actually been sued for allegedly using threats to force Hi Theavy into filing a complaint against Oum Socheath.

“The prosecutor should not charge Soum Chankea, because what he did was to give legal consultation to her [Hi Theavy] based on Adhoc’s policy,” he said, adding the complaint had no legal basis.

Situation of Human Rights Violation by​ the Economic Concession Chinese Company in Kirisakor, Koh Kong province

Source: ADHOC Land Program

Situation of Human Rights Violation by​ the Economic Concession Chinese Company in Kirisakor, Koh Kong province

After Government granting Economic Land Concession over 36000 ha to Union Development Group Co., Ltd for development of Tourist Resort, China Town since 2008; 1143 families affected significantly and until now living condition of people is stepping down to zero, they lived in fear, vulnerable,in bad situation, unpleasant rights and freedom; especially they were marginalized with no support from Government or Donors at all.

Rights to speak up, to assembly, to protest legitimately of villagers were entirely infringed,it seems that they lived in side territorial secession area take place with terrible. Both economic and social sections are under protectorate by authoritarian group stay behind the Chinese company. Meanwhile, local authorities: village,commune, district and provincial level also incapable to protect villagers. The travel to inside and outside the compound was prevented or checked up thoroughly; cultivate products, crops and yields of fishing were not allowed people to collect, gather; prevented by armed forces. The barricades were setup prohibited human rights NGO, journalist, tourism, and travelers from passing to inside of old villages, the real situation of old village was hidden where remaining people are still living there.

Recently,although Chinese company try to construct and pave road, to construct working sites but it is for sake of company it was not done for people; the such development make livelihood and living condition of farmer and fishing people get devastated and ruined down because of the Economic Land Concession granted to Chinese company. The hard and long time manufacture humanly of pagoda, school, market and town by community forces was destroyed completely.

Soldier for hire allegedly detains rights workers

Wednesday, 26 October 2011
Meas Sokchea
The Phnom Penh Post

A right group yesterday filed a complaint with Kratie provincial court accusing a soldier employed by a company at the centre of a long-running land dispute of illegally detaining four rights workers last Friday.

Ny Chakrya, head of monitoring for rights group Adhoc, accused soldier Hieb Phearu of threatening and detaining three Adhoc staff and one lawyer from the Cambodian Legal Education Centre while they were monitoring the demarcation of disputed land.

Local villagers and representatives from CIV Agro Industry Investment, a company with an economic land concession in Snoul district for a rubber plantation, had earlier agreed to split disputed land near Sre Cha commune’s Meanchey village.

CIV manager Chen Hok Sry said that he welcomed the complaint. “If my workers are wrong, they can go to prison, and if his workers are wrong they can be imprisoned,” he said.

Adhoc's Criminal complaint against CIV Company's soldier

http://www.box.net/shared/ggci8pgytc2ocg8dcm94

Analysis Report on the Rattanakiry First Instance Court Try to Locate Fault Against Prominent ADHOC Staff

http://www.box.net/shared/6h4of6n14a2tbuua2g4r

13 October 2011
Report by Ouch Leng

The chronic land dispute between136 families of Tumpoun’s indigenous people with DM Group company over 260 hectares stretched from 2005, is was not resolved. In contrast at least found that 18 people are charged with crime in which 3 of human rights defenders, one from Radio Free Asia and other one from forest community. They were charged by court following criminal complaint from company since 2008 when Mr. Yang Thorn,land representative was also imprisoned for more than one year counted from 27 November 2008.

Up to this year of 2011, from judge to judge of Rattanakiry court, they try to find guilty to Mr. Mr. Pen Bunna again and again with the aim to harass, intimidate him to stop working with this land case. Especially Investigative Judge, Mr. Thoa Sarorn did not find any guilty to Pen Bunna and successively Mr. Lao Loch also taken criminal case No. 283 dated 24 Nov 2008.

Today, 13 October 2011, Pen Bunna, Chhay Thy (ADHOC) and Ratha Visal (RFA) were questioned by new Investigative Judge, Mr. Lao Loch over incitement to commit crime: ( Burning bridge of company).

ADHOC’s Ouch Leng: “If the government continues to use force and the court to break up the people, there will be a land revolution"

ADHOC's Ouch Leng (Photo: Leang Delux, RFI)

10 Oct 2010
By Leang Delux
Radio France Internationale
Translated from Khmer by Soch
Click here to read the article in Khmer

Gov't officials are acting as enemy of the people

"In the resolution of economic concession land disputes, we saw that government officials seem to act as the representatives of those who fight against the victims. I have no intention of attacking them [gov’t officials], but this is what we actually observe at ADHOC and also at other organizations. They act as the enemy of the people, they fully defend the [land-grabbing] companies and they also impose their decision on the compensation to the victimized people. In truth, any company that wants the lands, must buy them from the people based on market value, not forcing them to accept meager compensations..." - Ouch Leng

The ADHOC human rights organization issued an investigation report on the latest land disputes, indicating an increase in the number of protests by the people who are victimized from these evictions. The same report also expressed ADHOC’s concerns over an upcoming land revolution should the government continue to use armed forces to break up the people’s protest, and to use the court to arrest innocent people in this manner.

In an interview with RFA reporter, Ouch Leng, an official for ADHOC’s land program, called on the government to stop using violence to break up the people’s protest and he also asked Hun Xen to resolve these land dispute problems for the victims.

Click here to listen to the interview in Khmer (MP3)

Governor backs NGO on abuse allegations

Tuesday, 17 August 2010
Vong Sokheng
The Phnom Penh Post

Click here to read on what the villagers and Adhoc have to say about DARPO/ADSP which is headed by a powerful CPP 2-star general-businessman.

THE governor of Preah Vihear province yesterday moved to quash allegations that a local NGO was guilty of ongoing human rights violations in the province.

Last week, local rights group Adhoc deployed human rights monitors to Preah Vihear to investigate complaints filed by 57 villagers, who say that employees of an NGO identified as the Drugs and AIDS Research and Prevention Organisation had committed acts of rape, land-grabbing, violence and intimidation.

Chan Saveth, a senior monitor for Adhoc, said the government had granted DARPO a 556-hectare social land concession in Choam Khsan district in 2007, in a move intended to aid poor families in the area.

Chan Saveth said yesterday that he could not disclose information about the investigation because it was ongoing, but that Adhoc would “continue to consult with local authorities” on the issue.

But Provincial governor Sar Thavy yesterday denied that such violations would occur in Preah Vihear.

“There is nothing like that here, and we, the local authorities, would not allow such serious human rights violations to happen in this modern age,” he said.

“We are waiting to see the faces of the victims and waiting for their official complaints before proceeding with our work and investigation.”

Interior Ministry Spokesman Khieu Sopheak urged any victims to file complaints in order to ensure that they are properly investigated by the authorities.

Prison Deaths Across Cambodia Increasing: Rights Group

Heng Reaksmey, VOA Khmer
Phnom Penh Thursday, 22 July 2010

“I do not believe prisoners died from disease.”

The number of people dying in Cambodia's prisons are increasing, according to a leading human rights group. Adhoc investigators say at least 26 prisoners have died across the country in the first six months of the year.

That number is an increase of 18 above the same period in 2009. The figures are according to a study conducted by Adhoc, which in part looked at prison documents.

The provincial prison in Kampong Cham accounted for the most deaths, which recorded at least six in the month of July, Adhoc reported.

According to a Kampong Cham prison report obtained by VOA Khmer, the prisoners died of Hepatitis B, hypertension and stroke, among other ailments. But Adhoc says the deaths can be blamed on overcrowding in cells.

“I do not believe prisoners died from disease,” Chan Soveth, an investigator for the group, said.

In Kampong Cham prison, up to 23 prisoners are kept in one room, creating conditions so crowded they are forced to sleep on their sides instead of their backs, he said.

Seak Leng Seap, deputy director of Kampong Cham prison, called the report untrue, but he declined to comment further. Officials at the Ministry of Interior's prison department could not be reached for comment.

Adhoc estimates the total number of prisoners in Cambodia at nearly 14,000, an increase of about 400 since last year.

Advocates Divided on Worth of Asean Commission

Kek Galabru, founder of the rights group Licadho. (Photo: VOA, Khmer)

Soeung Sophat, VOA Khmer
Washington, D.C Monday, 28 June 2010

“Because in the Asean way of doing things, a consensus must be reached and countries cannot interfere with each other’s internal affairs. This is what I believe is a major obstacle.”

After years of effort by civil society, the establishment of the Asean Intergovernmental Commission on Human Rights was seen as a milestone. However, activists and critics now say they have concerns the body, which was formed in October 2009, might not live up to its goals, and they are divided on it current value.

Human rights violations remain a problem in Cambodia and other parts of Southeast Asia, particularly Burma. The Asean rights commission was supposed to be a major step toward strengthening rights in these countries. But at least four prominent activists interviewed by VOA Khmer agree that the main obstacle for an effective commission will be its lack of protection mechanisms and independence.

“I haven’t seen this commission doing any investigation at all,” said Kek Galabru, founder of the rights group Licadho.

Unlike human rights commissions of other regions, the Asean body has been active only in human rights promotion—through teaching, dissemination, and research—but it lacks protection measures, she said.

“Because in the Asean way of doing things, a consensus must be reached and countries cannot interfere with each other’s internal affairs,” she said. “This is what I believe is a major obstacle.”

The commission’s own literature says it should “promote and protect human rights” within Asean, via 10 representatives from member nations “accountable” to their own governments. But at the same time, representatives can be replaced at will, raising concerns the body is vulnerable to political interference by its own member states.

The chair of the commission is currently Vietnam, for example, a country that itself is often criticized for rights abuses and restrictions of freedoms.

“These kinds of commissions can be created for window dressing and actually succeed in creating cynicism among a lot of people about whether or not human rights in worth pursuing,” said Brad Adams, Asia director for Human Right Watch.

“I perfectly well understand that it will take time in the best of cases to create a successful mechanism, but I don’t think that Asean is serious,” he said. “They are just a bunch of dictators running various countries, and people who would be dictators…just don’t have any interest in allowing anything out of their control. Even a country like Singapore, which is very liberal economically, is very controlled politically. So it has very serious limits, and I don’t have particular high hopes for this.”

Asean officials could not immediately be reached for comment.

Despite these apparent shortcomings, Ou Virak of the Cambodian Center for Human Rights, said that having a commission is better than nothing, noting that the ambiguity of the commission’s founding document could work in favor of civil society advocates.

“I think that it is good to have the commission, because it is a political institution,” he said. “The agreement that created this commission is a political document, meaning that it evolves according to the trends of Asean politics. This means that if Asean becomes more open to human rights, the agreement can be interpreted in a broader way. The role of the commission can thus be made more effective.”

Activists disagree on the extent to which civil society can play a role in helping shape the commission’s long-term effectiveness.

Adams said he doubted the commission will do any good for Cambodia’s civil society, noting that groups and activists here already have strong support.

“It will be more helpful to other countries,” he said. “Cambodia does have a very vigorous civil society. It was opened up by the Untac process, and it’s been sustained by…the United Nations High Commissioner for Human Rights office, by donors, diplomats, and most of all by the courage and tenacity of Cambodian groups themselves. And I wouldn’t expect them to get anything from the Asean process what they can get already.”

Ou Virak acknowledged that the lack of real power would hurt the Asean rights commission’s overall effectiveness, but he also said civil society can push for a greater role in the future. The association is an evolving institution, he said, and it can make inquiries that help reveal human rights deficiencies and create political pressure on governments.

The CCHR plans to work with other NGOs to file a joint complaint about Cambodia’s human rights violations to the commission, after similar proceedings were pioneered by rights groups in the Philippines earlier this year.

Thun Saray, president of the rights group Adhco, said his group is also hoping to file complaints with the commission, especially concerning the alleged shootings of Cambodian civilians by Thai soldiers along the border, should such violations continue.

The Asean commission will hold two meetings this year and has reviews every five years. The next review is in October 2014, and until that time rights groups say they have little hope in shaping its structure and workings.

The next five years are likely to see little progress in the commission’s work, Thun Saray said. Still, he said, in the long run, progress in other regions, like Africa and the Americas, where there are human rights courts, could help build momentum for Southeast Asia.

Meanwhile, Kek Galabru suggested patience, especially with a commission that is just beginning. The ultimate test will be its ability to bring justice to victims of rights abuse, she said.

“I think that it is most important for a human rights institution to have power to investigate, make findings, and then to deliver justice to the victims,” she said. “Only after it has fulfilled this role is it of any use.”