SRP MP Yim Sovann: Cambodian media are under government control and free and independent thinking is almost impossible

Asean MPs vow to ensure charter implementation

March 1, 2009
The Nation

Asean Secretary-General Surin Pitsuwan yesterday morning took time off from his tight schedule to have a working breakfast with a group of lawmakers from the Philippines, Indonesia, Cambodia and Thailand. The Asean members of parliament are seeking his endorsement on the plan to establish a new caucus on rights and freedom of expression.

They hope their new group will help Asean to transform into a people-oriented community.

Djoko Susila, MP of Parai Amanat Nasional (National Mandate Party), minced no words when he said that Asean had been dragged down by conservative new members Laos, Cambodia, Vietnam and Burma. They acted as a team, he said. That was why the Indonesian lawmakers at first were very reluctant to ratify the Asean Charter. They were not happy with the charter, but it was too late to do anything.

He said that as an Indonesian MP he did not want to make the same mistake again. This time, he said, he wanted to make sure Asean leaders would implement the charter and protect human rights. Without rights protection and freedom of expression, how can Asean become a people-oriented community, he asked.

Yim Sovann, an MP from Cambodia, concurred, saying that to make the Asean people feel that they belonged to the grouping, the charter must be fully implemented. At the moment, the Cambodian media are under government control, he said, and free and independent thinking is almost impossible. A caucus to protect freedom of expression would facilitate the realisation of the Asean charter in the near future.

Both Senator Francisco Pangilinan and Congressman Teddy Casino of the Philippines gave strong support to the idea of establishing a new caucus that would not only ensure that Asean legislators understood the content of the charter but also how to implement it.

Casino said the caucus could be used to promote public awareness of the role of freedom of expression in promoting the Asean community. Free flow of information is an important element for such an endeavour, he said.

Kraisak Choonhavan, a Democrat Party MP, pointed out that the new caucus needed the support of local people and communities. Since this new group is aimed at materialising the objectives of the charter, it needs cooperation from the people's sector, he said. He said he was sharing the experience of his own five-year caucus on Burma. Now the Inter-Parliamentary Caucus on Burma has a secretariat office in Kuala Lumpur.

From the meeting with Surin and the subsequent brainstorming session, it emerged that the Asean lawmakers, especially from member countries with more liberal political systems, will no longer take Asean norms and values for granted, they said.

"We are reading the Asean Charter and other documents, so that we can effectively monitor it," they said.

Human rights severely neglected in Cambodia in 2008, report says

Journalist Khim Sambo and his son were assassinated in broad daylight (Photo: Xinhua)
Illegal eviction in Dey Krahorm (Photo: Reuters)

Tue, 03 Feb 2009
DPA

Phnom Penh - Cambodia's human rights credentials were tarnished in 2008 by government restrictions on public demonstrations, intimidation of journalists and forced evictions of residents from valuable land, according to a report released on Tuesday by a leading advocacy group. The Cambodian Human Rights and Development Association's annual report said the country's human rights record had improved during the 16 years since the transition to democracy, but criticized the government, police and military for their roles in a range of disputes throughout the year.

It said the government had allowed more public demonstrations than in any other year, but added that authorities had "worked to restrict freedom of assembly."

"Of 155 peaceful strikes and demonstrations that took place, 108 (70 per cent) were suppressed forcibly by the armed forces," it said.

"The authorities often refused to authorize demonstrations, or delayed in granting authorization for demonstrations shortly before they were due to take place, then unauthorized strikes and demonstrations were suppressed by force."

The report accused the military of becoming increasingly involved in land disputes, which saw tens of thousands of residents forcibly evicted from land earmarked for development throughout the year.

It said the number of evictions involving the military rose from 40 in 2007 to 125 in 2008.

Media freedom was restricted throughout 2008, the report said, with state-run media outlets continuing to be controlled by the ruling Cambodian People's Party.

"All state radio stations and private are strictly controlled by the ruling party. Due to these restrictions the public was often unaware of public events organized by non-ruling political parties and some NGOs," it said.

"Journalists were subject to various forms of threats throughout the year, and in one case a journalist was shot dead."

Human rights workers involved in land disputes were subject to personal threats, the report said, and community representatives were "subject to accusations of incitement."

"Such accusations from government officials were designed to intimidate workers and activists from providing legal advice and assistance to victims in land disputes with private companies and powerful people," the report said.

It also expressed concern over a lack of transparency and accusations of corruption at Cambodia's UN-backed Khmer Rouge tribunal, where five former leaders of the genocidal regime are currently facing trial for crimes against humanity.

"Victims of the Khmer Rouge expressed frustration at the slow progress towards trials, with the expected start of the trial of [former S-21 torture facility chief] 'Duch' being pushed back to February 17, 2009," it said.

The number of local and international human rights and civil society organizations in Cambodia has grown into the hundreds over the past decade, and many have attracted the ire of government officials for becoming involved in disputes between authorities and citizens.

Government spokesmen were unavailable for comment on Tuesday.

CAMBODIA: Stronger government, more vulnerable press

Excerpt from "Looking back, looking ahead: Press Freedom in Southeast Asia"
Source: SEAPA, Southeast Asian Press Alliance

The media situation in Cambodia palpably deteriorated in the runup to the July 27, 2008 elections, with the overall atmosphere marked by violence, and highlighting continuing questions about the environment for press freedom beyond the political season.

Journalist Khim Sambo of “Moneakseka Khmer” newspaper was shot dead on July 12 by still-unknown gunmen. Sambo’s son, Khat Sarin Pheata, was also killed. The Cambodian media saw the murders as a warning to their sector. Earlier, Sambo’s superior, Dam Sith, was jailed for a week for allegedly defaming Cambodian Foreign Minister Hor Nam Hong.

Also, in the early part of the year, a local journalist, Khuon Phlaivy, survived a slay attempt. He had received death threats earlier.

Too powerful

For all the violence, however, it was still the elections that served as a portent of the larger issues that confronted the media in 2008, and that will continue to hang over the heads of the country’s journalists.

Prime Minister Hun Sen and his party, the Cambodian People’s Party (CPP), handily won the elections. They managed to secure more than two-thirds of the National Assembly seats.

The opposition Sam Rainsy Party has been trying to bargain for a power-sharing scheme, but with the CPP holding 90 of 123 seats, there is little leverage in the National Assembly to ensure that a system of checks and balances is in place.

This has gotten the media and human rights groups on edge. The main challenge confronting Cambodian media is a pending bill in parliament with provisions aimed at curbing the activities of local and international non-government organizations operating in Cambodia. Saying terrorists might use NGOs as fronts to penetrate Cambodia, Prime Minister Hun Sen has thrown his full support behind the bill, and backed by a super majority, he is poised to pass legislation that could further dampen the press freedom situation in the country.

Dubious laws, weak courts

Cambodia currently has two Press Laws, the first being the one adopted in 1993 under the UNTAC and the second in 1994 adopted by the National Assembly. Both laws have provisions aimed at curtailing press freedom and hindering the work of journalists. These provisions include Articles 12 and 20 of the Press Law that vaguely define offenses deemed harmful to national security. This ambiguity enables judges and authorities to prosecute members of the media unjustly. The UNTAC law’s Article 62 also has vague provisions against “disinformation”, another matter that can too easily render journalists and their sources vulnerable to unjust prosecution.

Beyond weaknesses and traps in the law, the judiciary itself cannot be expected to remedy such dangers. The judicial branch of government is seen as politicized and inclined towards the whims of the executive branch. Corruption is also widespread, and there are inconsistencies in the way judgments are passed, particularly on matters of political sensitivity, including issues of rights and liberties.

The Internet

New media offers some crucial room for public discussions. Though the Internet penetration rate is only 0.5% of the population, or 40,000 out of the seven million adult population, Cambodia is noted for a burgeoning community of bloggers. Here though, there are also new dangers. The government is now considering how to extend rules governing traditional media, so as to make them apply to online media and platforms as well.

The Ministry of Information is drafting legislation that allows existing print regulations to govern other media, including the Internet, but vows not to curtail press freedom.

The Ministry of Information wants to extend existing libel, defamation and ethics rules applying to print and broadcasting media to web-based platforms.

Officials insist that such proposals are not intended to impact on freedom of the press. Still, control of the Internet recently became an issue when several government officials suggested shutting down a website by Cambodian-American artist Reahu, whose depictions of semi-nude Apsaras were claimed to degrade Cambodian culture.

The Cambodian Association for the Protection of Journalists (CAPJ), a SEAPA partner, says it is troubled by the Cambodian government's plan to regulate the Internet through the enactment of a law by late 2009. CAPJ appealed to the government to put the plan on hold. The group stressed that “since the Internet became available in 1997, it has been serving the public well despite the absence of laws governing it. Furthermore, no major incidents involving the Internet which caused negative consequences to Cambodian society has taken place.”

With the prospect of the new regulation, CAPJ President Um Sarin said: "It seems the government is applying autocratic rules to control everything about communication. We worry that this law would be used as a tool to control and clamp down on bloggers who harshly criticize the government and we appeal for the government to reconsider its current plan."