Cambodian media group calls on government to promote freedom of expression

4 May 2009
Source: CAPJ

The following is a statement from the Cambodian Association for the Protection of Journalists (CAPJ), a SEAPA partner based in Phnom Penh:

Long live the spirit of World Press Freedom Day

On the occasion of the observance of World Press Freedom Day 2009, the Cambodian Association for the Protection of Journalists (CAPJ) wishes all the Cambodian journalists great health and success in their noble mission to serve their audiences and readers both inside and outside of Cambodia.

CAPJ noted that the press freedom situation in Cambodia in the year 2008 slightly improved compared to 2007 and still maintained a good score among countries in Southeast Asia in spite of the existing negative points such as the arrests of journalists, the threats ad lawsuits brought forward against them, the denial of access to information to media workers and the numerous pending and unsolved cases ating back to 1993.

CAPJ recorded 32 violations of press freedom in 2008. These include 14 arrests, six incidents of threat, two lawsuits, three cases involving the temporary halt of publication and broadcast, three cases of camera and recorder seizures, three duty-related injuries and road accidents and one case of killing.

Along with the above-mentioned incidents, CAPJ deplores the lack of freedom to freely operate the electronic media as this type of platform continues to be dominated by the ruling party thus giving an unfair opportunity for other parties to make their messages heard to the grassroots people. CAPJ insists on a change of this trend.

CAPJ appeals to the judiciary system to refer to the 1994 Press Law when passing judgment to an accused Cambodian journalist. It also expresses its full endorsement of the recent statement of donor countries' representatives dated April 28, 2009 which called on the Cambodian government to speed up the process of adopting the Anti-Corruption Law and to guarantee the public in general, and the Cambodian press in particular, the right to access information.

CAPJ also would like to make an appeal to the media owners to help upgrade the journalists' living condition by ensuring a decent salary and other benefits for their employees in order to help curb corruption among Cambodian journalsists. Furthermore, it expects the journalists to strictly abide by the media code of ethics in order to place a high value on their profession and avoid a breach of professional ethics.

Last but not the least, CAPJ calls on the government to take a firm stand to put an end to violence against journalists and permanently end the culture of impunity in Cambodia.

Issued by

Mr. Um Sarin
President of CAPJ

umsarin59@yahoo.com
umsarin@hotmail.com

Sacrava's Political Cartoon: A Monitor for CAPJ

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Post-election report on the media situation in Cambodia

1 August 2008
Source: CAPJ

Two weeks before the elections in Cambodia, unidentified men shot and killed journalist Khim Sambo and his son, Khat Sarin Theada. The twin murders capped the violence, harassment and perceived government manipulation surrounding the 27 July polls, leaving media observers wondering about the fate of press freedom in Cambodia.

Going by how the ruling Cambodian People's Party (CPP) is said to have manipulated the conduct of the 27 July elections to achieve a landslide victory, the local media remain uneasy at the prospect of five more years under PM Hun Sen.

SEAPA partner Cambodian Association for the Protection of Journalists (CAPJ) says that even though all 11 political parties had access to the state media such as TVK and the national FM and AM radio stations, the ruling party used government resources like the bureaucracy and security forces to keep the upper hand in mass communications.

This was clearly seen on the allocation of airtime to the political parties. The National Election Committee (NEC) officially granted each party a 10-minute TV slot twice daily to present their respective programs, platforms and achievements. And yet the ruling party in fact enjoyed virtual monopoly over the state-owned media and had influence over nine private TV stations and 38 radio stations, allowing it to enjoy 95% of the total airtime.

Opposition parties were allowed to buy one to two hours of airtime each day from the private media. Even then, the opposition was at a disadvantage. Though they were able to buy airtime from private radio stations like FM 105 Mhz (the most independent radio station), FM 93.5 Mhz, FM 105.25 Mhz in Siem Reap and FM 104 Mhz, private TV stations charged exorbitant prices: CAPJ says private TV operators—who must secure a license to operate from the government—were in truth hesitant to book oppositionists for fear of government reprisal.

Opposition parties also complained that the images of their spots in government-run TVK were blurred.

The government also took blatant moves to silence the opposition. The night before the polls, some 20 armed policemen raided the FM 93.5 radio station, known for its support of the opposition, and closed it down without an order from the court or the Information Ministry.

The order for the closure came out only the next day. It accused the station of defying an NEC rule to stop political broadcasts by July 26, the eve of the elections. The FM station noted, however, that the government had overlooked similar violations by government stations favorable to the administration and the CPP.

The twin killings of journalist Khim Sambo and his son are also believed to be directly related to politics. Sambo was a reporter for the "Moneakseka Khmer (Khmer Conscience)" newspaper, which is known for supporting the SRP. The police are still investigating the case.

Moneakseka Khmer's editor, Dam Sith, had been recently charged for printing allegations that Cambodia's foreign minister had ties to the genocidal Khmer Rouge regime. The charge was later dropped, but CAPJ said that the attack on Khim Sambo came soon after his editor's release.

Despite the ruling party's landslide victory, CAPJ notes that with the CPP's use of the state apparatus to control the media during the elections, the future of genuine democracy in Cambodia under Hun Sen remains challenged and in doubt.

Press freedom in Cambodia: Free but fearful [-Bloggers will soon test the patience of the authorities]

CAPJ presents 2007 free expression report to information minister, journalists

6 February 2008
Source: Southeast Asian Press Alliance (SEAPA)

On 30 January 2008, the Cambodian Association for the Protection of Journalists (CAPJ) held a meeting with Information Minister Khieu Kanharith and journalists to present its report on the state of press freedom in the country in 2007.

While welcoming the government's decision to decriminalise defamation on 13 August 2007, CAPJ noted a sharp increase in attacks on journalists, compared with 2006 figures: There were 15 incidents of journalists being threatened, nine lawsuits filed against them, three warnings issued to them and eight arrests of journalists.

A full report of the situation can be found in SEAPA's annual review, prepared with input from CAPJ and released on 27 December 2007:

Free but fearful in Cambodia

Cambodia appears to have in place all the laws ensuring media freedom, but the reality is a different matter altogether. The constitutional provision for press freedom is ironically often invoked to restrict this very right, for it says, rather broadly, that the exercise of this right must not infringe upon the rights of others, "affect good traditions of society", and violate public law and order and national security. The interpretation of these restrictions should conform to the standards in the ratified International Covenant on Civil and Political Rights, but that has not been the case.

For example, multiple revisions have incorporated into the 1995 Press Law unwarranted restrictions and self-contradictory stipulations, such as binding journalists to criminal law though acknowledging that "no persons shall be arrested or subject to criminal charges as a result of the expression of opinion".

Another restrictive constitutional provision that has been repeatedly invoked is Article 7, which states: "The King shall be inviolable". It was used to justify the confiscation of "Free Press Magazine" over an article that questioned former King Norodom Sihanouk’s immunity from the Khmer Rouge Tribunal.

Despite the seemingly positive act to decriminalise defamation on 13 August—rendering moot the defamation threat against Thach Ket, chief editor of "Sralanh Khmer", and former king Norodom Sihanouk's lawsuit against the same newspaper for alleging Queen Monineath was a Vietnamese—there is still another favourite weapon of the authorities: the law on disinformation, which punishes transgressors with imprisonment from six months to three years or a fine of one million to ten million riels (approx. US$253 to US$2,530), or both. And even in civil defamation cases, journalists still face the threat of jail if they fail to pay the same steep fines.

Climate of fear

Much of the government’s workings remain shrouded in secrecy, with the access to information law ignored or not enforced by government officials. Journalists operate in a climate of fear made real by the past occurrences of colleagues being attacked and killed. While none was killed for their work this year, the sense of danger lurking persists under the authoritarian leadership of Hun Sen, the prime minister since 1985. Chim Chenda of "Kampuchea Thmei" was threatened with a gun by General Pol Sinuon for addressing the officer by his name, while Chandy of "Reaksmei Kampuchea" received an anonymous death-threat letter after he wrote a story implicating the Commune Chief of Tek Kraham in land grabbing. Phon Phat of "Chbas Ka" found his house razed twice over his reports on illegal logging.

Those threatened for their work would lie low or flee the country until the situation quietens down. A Radio Free Asia reporter bearing the penname "Keo Nimol" had to leave the country briefly after the prime minister lashed out at him, calling him insolent and rude. His colleague, Lem Pich Pisey, was forced to flee after receiving an anonymous death threat.

The Ministry of Information regularly issues and enforces bans on newspapers for reporting on sensitive issues like corruption and land grabbing, and criticisms against public officials. The biggest casualty was the closing of the major French newspaper, "Cambodge Soir", in operation for 12 years, after it defied the ban on an environmental report produced by an international non-governmental organisation which alleged official corruption. Soon after, the "Sralanh Khmer" newspaper was warned to stop further reports about the same issue. The "Khmer Amatak" newspaper was suspended a month for incurring the wrath of Deputy Prime Minister Nhiek Bun Chhay.

Government propaganda dominates the national broadcaster, allowing no room for the views of opposition parties. Even in the press and radio—where there is a certain level of plurality as ownership is open to political parties, businesses and non-governmental organisations—the authorities can limit ownership on a whim, as seen in the rejection of the Cambodian Center for Human Rights’ application to run a community radio station.

The Internet is a new medium that is as yet unrestricted, but it is accessible only to the minority middle class in the big cities—an estimated 44,000 users out of a total population of close to 14 million. A burgeoning community of bloggers continues to show and test the viability of the medium, and it will consequently, too, soon test the patience of the authorities.

Ethics problem

A lack of journalism ethics in an underpaid profession has also exposed journalists to physical harm, especially those in the poverty-ridden countryside where there is severe lack of basic infrastructure. A majority of the provincial journalists earn a monthly salary of about US$40, and would demand payment in return for their articles or other bribes. On 13 January, editors of the "Sangket Ka", "Samaki" and "Sangkum Cheat" newspapers were arrested and charged for blackmailing actress Vang Srey No. On 15 February, a "Polrath Khmer" reporter was attacked by an angry mob for alleged extortion. On 27 March, the publisher of "Vichea Khmer" newspaper was arrested for attempted murder. Most of such cases would be resolved behind closed doors or through "under-the-table" negotiations, entrenching the culture of bad journalism rather than breaking the cycle.

To address concerns about ethics and protect freedom of the press in general, a Press Council composed of 13 journalist associations was created on 20 July, with Um Sarin, president of the Cambodian Association for the Protection of Journalists, elected to head the organisation.

This report was prepared with input from Sam Rithy Duong Hak, Vice-President of the Cambodian Association for the Protection of Journalists, a SEAPA partner based in Phnom Penh, Cambodia.