Showing posts with label Deteriorating freedom of speech. Show all posts
Showing posts with label Deteriorating freedom of speech. Show all posts

Monday, June 06, 2011

Rights envoy urges reforms

Surya Subedi, the United Nations special rapporteur on human rights, speaks to reporters from The Post on Friday in Phnom Penh. (Photo by: Pha Lina)

Monday, 06 June 2011
Mary Kozlovski
The Phnom Penh Post

Surya Subedi was appointed United Nations Special Rapporteur for Human Rights in Cambodia in 2009 and carried out his fifth fact-finding mission to the Kingdom last week. He spoke to The Post on Friday.

You mentioned in a statement today that certain pieces of legislation in Cambodia had narrowed the scope of peoples’ rights. Which pieces of legislation are you referring to?
One example is the ... provision of the penal code on defamation, disinformation and incitement. The powers given to the executive are rather broad. While I welcome the legislation – it’s better to have a penal code than not to have one – it’s a progressive document in so many areas, but not progressive enough in a number of areas. They include mainly the provisions relating to freedom of speech. My position has been all along to decriminalise defamation and disinformation, and the penal code doesn’t do that.

Do you feel that broad powers for the executive are a common problem in Cambodian legislation?
I would not go as far as to generalise it, but generally speaking … parliament’s ability to restrain the executive has been limited. [Parliament] should be the defender and the guarantor of peoples’ human rights. To do so, parliament has to be more assertive, more independent and hold the executive to account.

A former UN World Food Programme employee, Seng Kunnaka, was convicted of incitement last year after sharing printed articles from an antigovernment website with co-workers. Do you believe that he was wrongfully charged?
I don’t want to go into the merit of the case at this stage, but I have concerns about the procedure involved. He was arrested on a Friday and he was convicted by Sunday afternoon – so within a matter of two days [the case went] from arrest to conviction – to me, casting serious doubt about the requirements of a fair trial. A trial of that nature, conducted and completed within two days, gave me cause for concern.

Sunday, June 05, 2011

Friday, June 03, 2011

UN urges Cambodia to tackle free speech concerns

Friday, June 03, 2011
AFP

PHNOM PENH — Cambodia is failing to address concerns about a worsening climate for freedom of expression, the UN special rapporteur for human rights in the country said on Friday.

"The situation I'm afraid has not changed much with regards to freedom of speech. That's where I would like to see some progress made," Surya Subedi told reporters at the end of his fifth fact-finding mission to Cambodia.

Subedi said the situation had showed little improvement since his previous visit in February, when he voiced alarm over the narrowing space for people to express their views and told the government that criticism was not a crime.

UN rights envoy troubled by land, freedom of expression in Cambodia

Jun 3, 2011
DPA

Phnom Penh - The UN human rights envoy to Cambodia said Friday that land rights and freedom of expression dominated his concerns as he wrapped up a five-day visit.

Surya Subedi said he was also monitoring closely the tendency of parliament, which is dominated by the ruling Cambodian People's Party, to strip the immunity of opposition legislators who speak out.

'Democracy is about dialogue and debate on all issues of national importance, and this is especially so in the case of parliament, which by definition is a chamber where members of parliament can debate freely any issues of national importance,' he said.

'It is for this reason that they have been accorded parliamentary immunity,' Subedi said, adding that some legislators who had been prosecuted were unable even to represent themselves.

Cambodia Lags on Land, Freedom of Speech Rights, Says UN Official

Surya Subedi, U.N. special rapporteur for human rights in Cambodia, speaks at a press conference in Phnom Penh, Cambodia, during a trip in February 2011 (FILE PHOTO). (Photo: AP)

Robert Carmichael, VOA
Phnom Penh June 03, 2011

The United Nations Special Rapporteur for Human Rights in Cambodia Surya Subedi wrapped up his fifth visit to Cambodia on Friday expressing concern about the lack of progress on land rights and freedom of speech in the country.

The main purpose of the visit - his fifth --was to assess how well parliament functions in upholding the rights of ordinary Cambodians.

On that score, he said that while human rights had improved in some areas, it had noticeably failed to do so in others such as land rights and freedom of speech.

Cambodia’s ruling party holds more than two-thirds of the seats in parliament. The opposition complains that allows it to push through legislation without taking anyone else’s concerns into account.

Monday, December 27, 2010

‘Illusion’ of democracy: report

Sunday, 26 December 2010
Brooke Lewis
The Phnom Penh Post

Cambodian democracy has been eroded by a systematic campaign of government intimidation and prosecution of citizens and activists exercising their right to freedom of expression, according to a report released by the rights group Licadho on Saturday.

The report, titled Freedom of Expression in Cambodia: The Illusion of Democracy, outlines nearly 50 case studies from April 1 to September 30 that the authors claim involve “violations of expressive rights”.

“There is nothing particularly unusual about this six-month period – there were no elections, armed conflicts or national emergencies. Rather, we believed that focusing on a short period would illustrate the magnitude of Cambodia’s freedom of expression problem,” the report says.

The report details numerous high-profile cases, including government threats to expel from the country foreign diplomats and United Nations officials and the prosecution of several opposition party members.


It also includes a host of cases concerning the extortion of journalists, the prosecution of rights workers and the intimidation of residents involved in land disputes with government-backed private companies.

“These seemingly disparate stories, from all corners of the country, are not isolated incidents,” the report says.

“These cases follow patterns, and their similarities are not coincidental. They have the markings of a systematic crackdown.”

Among the cases cited in the Licadho report is the murder of 66-year-old Pich Sophon, who was shot dead on April 26 after campaigning on behalf of fellow residents who were involved in a land dispute with a South Korean company and the Royal Cambodian Armed Forces in Battambang province’s Samlot district.

According to the report, no arrests have been made in connection to Pich Sophon’s killing.

Also cited is a letter from Foreign Minister Hor Namhong, who in March accused the United Nations country team of “flagrantly interfering” in the government’s affairs by criticising the swift passage of anti-graft legislation.

At the time, Hor Namhong threatened to expel Douglas Broderick, the UN resident coordinator, warning that the office had “exceeded the limit of its mandate”. According to the authors of the report, such restrictions on freedom of expression are the consequence of a government that is “increasingly fearful of dissent”.

“The ruling elite have consolidated power and harnessed it for their benefit – and the benefits have been lavish,” the report says.

“They are loath to part with their privileges, no matter the cost. Rule of law has been supplanted by rule of the powerful. Voting is a charade, and democracy has become an illusion.”

Among other things, the report calls for the government to allow legitimate police and judicial investigations into the murders of journalists, human rights defenders, union activists and others whose deaths were related to expressive activities.

It also requests that it refrain from lifting the parliamentary immunity of politicians who are exercising their democratic duties.

Sam Rainsy Party spokesman Yim Sovann said yesterday that the Licadho report “reflects the reality of Cambodian society”.

“Most people are concerned about recent human rights abuses; corruption is still a major problem and land rights are still a major problem,” he said. “All the time it is getting worse.”

He said a lack of access to information in Cambodia was further evidence that the Kingdom was not functioning as a democracy.

“We cannot say Cambodia is a democratic country while we have limited access to information,” he said. “If we want a democratic society we need transparency in everything.”

On Thursday, the SRP sent a draft Freedom of Information law to the National Assembly for consideration. SRP lawmaker Son Chhay said yesterday that the law would require officials to make available documents that are routinely withheld from opposition party members and others trying to monitor the actions of the government.

But Yim Sovann said yesterday that he was pessimistic about the ruling party’s willingness to adopt such legislation.

“The ruling party has no political will to build a democratic society,” he said. “Corruption is the pillar of the ruling party.”

Ek Tha, a spokesman for the Council of Ministers’ Press and Quick Reaction Unit, said yesterday that a healthy media presence in Cambodia was proof that democracy and freedom of expression were “blooming”.

“If you go to any village you will see people listening to the radio or reading the paper,” he said. “We do not block any radio, television or newspaper; that’s key to democracy.”

He also pointed to steps the government had taken within the last year – including the introduction of the new Penal Code – as examples of ways in which democracy was being strengthened.

“You cannot achieve full democracy overnight, things take time. We went through so much suffering; we had more than 30 years of civil war. The government is doing its best,” he said.

Wednesday, July 14, 2010

Defamation case against Cambodian opposition politician sparks UN concern


UN High Commissioner for Human Rights Navi Pillay

Source: UN News Centre

13 July 2010 – United Nations human rights chief Navi Pillay has voiced serious concern about the defamation proceedings against an opposition politician in Cambodia, saying they highlight an “alarming” erosion of fundamental freedoms in the South-East Asian nation.

Mu Sochua – who is a serving member of the Cambodian Parliament, a former women’s affairs minister and a prominent women’s rights defender – was convicted last August for defaming Prime Minister Hun Sen when she announced in April that she would sue him for derogatory comments he made about her.

The Prime Minister’s comments included a reference to the unbuttoning of Mu Sochua’s blouse and another reference of a sexual nature that led her to bring a defamation case against him.

Her case against the Prime Minister was dismissed, her parliamentary immunity lifted and she was then found guilty of defamation. Her conviction was upheld by the Appeal Court and the Supreme Court, despite the fact that no evidence proving either damage to reputation or malicious intent was presented during the case.

The court imposed a fine on Mu Sochua and awarded damages to the Prime Minister. She has until 16 July to pay the fine, which she has refused to do.

“We believe this highly politicized case appears to show an alarming erosion of both freedom of expression and the independence of the judiciary in Cambodia,” Rupert Colville of the Office of the High Commissioner for Human Rights (OHCHR) told reporters in Geneva.

“Mu Sochua now stood on the verge of imprisonment for merely exercising her legal right to express her view that she was defamed and her intention to seek a legal remedy,” he noted.

“The criminal justice system was the bedrock of human rights protection. However, in this case it had become a blunt instrument to silence freedom of expression.”

OHCHR believes the use of offensive language towards women in the Prime Minister’s statement deserved a response from the courts, Mr. Colville added.

Thursday, October 01, 2009

UN expert: Free speech deteriorating in Cambodia

2009-10-01
Associated Press

A U.N. human rights expert says freedom of speech is deteriorating in Cambodia after several government critics were convicted of defamation.

Surya Subedi says the conviction of an opposition lawmaker and two journalists in recent months "is a disturbing trend."

Subedi is U.N. Secretary-General Ban Ki-moon's special envoy for human rights in Cambodia.

The Geneva-based U.N. Human Rights Council, meanwhile, will debate a U.S.-Egyptian resolution on freedom of speech Thursday.

European countries have expressed concern that the resolution appears to endorse "codes of conduct" for journalists and give religions protection from criticism.