Internet for Asia: Space for Free Expression & Informatio​n

Dear Media Friends,

I would like to insist you to watch live video streaming about Internet for Asia: Space for FoX and Information. You can tweet to ask questions by using hashtag #APrIGF or watch live video streaming and text streaming in the links below.

Please go to:

Agenda: http://2012.rigf.asia/session-c4-internet-for-asia-space-for-free-expression-information/

Video Streaming: http://www.ustream.tv/channel/aprigf2012room17606

Text Streaming: http://www.streamtext.net/text.aspx?event=CFI-JAIPA-17606

More info, please go to http://2012.rigf.asia/remote-participation

Sarom EM

Media Assistant
Community Legal Education Center (CLEC)
Tel: (+855) 66 777 042
E-mail: sarom@clec.org.kh
Website: www.clec.org.kh

CCHR Releases Fact Sheet and Report on Freedom of Informatio​n in Cambodia

https://www.box.com/s/de9d0714971e67e7fd6a


https://www.box.com/s/f67ccabc9b3337b64aa3


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CCIM-Press Release- A study on Freedom of Informatio​n-02 May 2012

CCHR Fundamenta​l Freedoms Fact Sheet Series - Freedom of Informatio​n

Dear All,

The Cambodian Center for Human Rights (CCHR) today releases the fourth fact sheet in its 2012 "Fundamental Freedoms" series which gives a brief overview of different fundamental freedoms or topics relating to them. This fact sheet ("Freedom of Information") provides an overview of freedom of information in Cambodia and calls for recently drafted freedom of information legislation to be debated and enacted - please see attached in English and Khmer. The fact sheet will soon be available on CCHR's website at: CCHR Fact Sheets.

In the coming weeks CCHR will be releasing analysis on the draft freedom of information legislation recently submitted to the National Assembly. CCHR will also be releasing a report entitled Freedom of Information in Cambodia: A Right to Know or a Culture of Secrecy? which looks at freedom of information in Cambodia and the challenges ordinary Cambodians face on a daily basis in accessing information. The report makes recommendations for legislative, structural and policy changes to ensure that the right is respected in line with international standards.

We hope that you find the fact sheet useful and interesting. If you should want to discuss it or any of the topics raised, please don't hesitate to contact Ou Virak (tel: +855 (0) 1240 4051 or e-mail: ouvirak@cchrcambodia.org) or Sana Ghouse (tel: +855 (0) 8961 4334 or email: sana.ghouse@cchrcambodia.org).

Wishing you a Happy Khmer New Year,

CCHR

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The Cambodian Center for Human Rights (CCHR) is a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. For more information, please visit www.cchrcambodia.org.

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At least debate FOI draft: SRP lawmaker

Friday, 02 March 2012
Tep Nimol with additional reporting by David Boyle
The Phnom Penh Post

Sam Rainsy Party lawmaker Son Chhay has sent an amended version of his draft freedom-of-information law to the National Assembly this morning and urged the parliament to at least debate the legislation.

Son Chhay said yesterday his revised law had taken into account amendments requested by parliamentary committees after the assembly declined to even debate his last version of the bill, submitted in 2010.

“At least this should be looked at according to the procedures and be debated, not just rejected,” he said.

The 82 articles contained within the draft legislation are aimed at curtailing government corruption by creating legal and political institutions that ensure there are systems for the public to access government documents such as contracts.

Media Advisory from the Freedom of Information Working Group (FOIWG)

Phnom Penh, 8 December 2010

For immediate release

CCHR Commends RGC on Steps Towards Freedom of Information Act

The Cambodian Center for Human Rights (CCHR) commends the Royal Government of Cambodia (RGC) for recent efforts in promoting the right to freedom of information for its citizens. CCHR acknowledges the positive step taken by sixty members of the Cambodian parliament for the process of drafting a law on freedom of information through their participation in a workshop in Phnom Penh entitled “Access to Information and the Cambodian Parliament”, organised by the Advocacy and Policy Institute. This is a  promising move towards the adoption of freedom of information legislation, which in turn would be significant for the promotion of transparency and democracy in Cambodia.

Freedom of information forms the foundation of a healthy democracy. In order for effective democratic participation to be possible, citizens must have access to public information. Citizens must have the opportunity to review laws and government policies in order to make an informed decision when it comes to elections, or in order to stage protest where a government is not fulfilling its role. In the context of Cambodia, a country transitioning to democracy, freedom of information and a culture of transparency are paramount.

The RGC has taken some positive steps in promoting freedom of information. In 2007, a draft freedom of information policy paper was completed, which was to serve as a blueprint for a potential law. The policy paper has yet to be sent to the Council of Ministers for review, though the Minister for Information, Khieu Kanharith, has expressed hope that it will be sent soon. CCHR would like to encourage more positive action for the adoption of freedom of information legislation.

Media censorship has been an issue in Cambodia, as has the undisclosed allocation of business deals to company’s that are affiliated with the government, which often result  in mass evictions, the over exploitation of natural resources and the destruction of the environment. A law on freedom of information should therefore require that media professionals and whistleblowers are protected from reproach, that business carried out between government officials and private companies is made public, and that legal information is disseminated so that Cambodian citizens are aware of their rights and possible legal remedies for any encroachment of these rights. The eventual law should be clear and unambiguous and any laws in existence that appear to be in contradiction with freedom of information should be amended accordingly. CCHR endorses the model freedom of information law proposed by international NGO ARTICLE 19: “An Act to promote maximum disclosure of information in the public interest, to guarantee the right of everyone to access information, and to provide for effective mechanisms to secure that right.” It is equally important that once a law is implemented, that it is regularly reviewed and that the situation of freedom of information is monitored.

In light of the above CCHR once again commends the government on recent progress towards the embracing of a freedom of information regime and encourages the continuation of such progress in cooperation with civil society and other interested parties.

For more information, please contact:

Ou Virak, CCHR President

Email: ouvirak@cchrcambodia.org

Telephone: +855 12 40 40 51

Information Freedom Finds Support: Report

By Chiep Mony, VOA Khmer
Original report from Phnom Penh
21 July 2008

A coalition of 18 organizations issued 15,000 booklets Monday that were aimed at raising awareness of the attitude and intentions toward freedom of information of the country's 11 competing political parties.

"The Platform Summary for Freedom of Information on the Eleven Political Parties Participating in the National Election," a 16-page summary of each party's political position on freedom of information, will be distributed to non-governmental agencies, political parties and voters, the group said.

All of the parties reported in the summary said they supported the passage of a law on the freedom of information, which was drafted in July 2007.

"The Freedom of Information Law is very important for Cambodians, because it allows citizens to have admission to information held in public bodies, whether the local commune council or a government department," according to a statement by the Advocacy and Policy Institute.

The Institute published the platform survey in conjunction with the Freedom of Information Working Group, which includes 18 organizations, including election monitors and prominent rights groups.

The law would "give the right for people to know about budgets and the cost of projects, for the media to have access to information on the procurement of ministerial projects, for members of parliament and government officials to have more access to information held by public institutions for investigations and audits," the institute said.

"Awareness of the freedom of information in Cambodia is limited," said Yung Kim Eng, president of the People's Center for Development and Peace, which was part of the working group. "It is very difficult to get important information, such as a draft law or national budget or contract on economic land concessions."

Lesson for Canberra in neighbour's attitude

August 23, 2007
Rick Snell
The Sydney Morning Herald (Australia)

CAMBODIA is the latest entrant to the list of countries considering a freedom of information law. It is a country riddled by corruption, where the average wage per day is less than $1.25, and where the people struggle to care for 500,000 orphans in the aftermath of two decades of civil war.

In the midst of this, FoI, instead of being considered an unnecessary luxury, has been accepted by the Cambodians as an important step in improving economic development and governance, and as a tool in the difficult fight to reduce widespread corruption.

An interministerial team has just added the final touches to a draft policy on FoI that will be presented in the next few weeks to the country's council of ministers.

The drafting team attempted to adapt best practice to fit the circumstances of Cambodia. This is no easy task in a place where corruption lies behind most transactions. Most public servants earn less than $50 a month and spend most of their work days at a second job or using their government position to extract money via "extra fees" and under-the-table payments to eke out a living for their extended family.

I worked with the drafting team, which included two generals and several secretaries of state, for two months in Phnom Penh. In meetings and consultations with the ministers of information and national defence and leading public servants I was struck by the contrast between their willingness to accept FoI and the Australian Government's dismal record.

The upper echelons of the Cambodian Government were willing to consider endorsing very progressive FoI laws despite the obvious discomfort that greater transparency and accountability will bring to their monopoly on power and patronage.

Meanwhile, their Australian equivalents have allowed our FoI laws to fall into disrepair and the ALP's support for more effective laws is at best low-key or pitched at a subliminal level.

More effort, time and money has been invested by successive Australian governments in denying access to information than has been committed to improving timely access to high-quality and reliable government data. My time in Cambodia has convinced me that we need to undertake a quantum shift and rebuild our FoI laws from the ground up.

If there is a change of government later this year, then on day one it must take three actions. First, public servants should be instructed that there will be no more game-playing and non-compliance with one of the most important laws of our country.

Second, as a quick and temporary fix, the Government should immediately pass the majority of amendments suggested by the Australian Law Reform Commission in 1996.

Third, a taskforce should be established to redesign the way we manage, protect and allow access to government-held information.

The National Integrity System Assessment Project in late 2005 recommended that we should stop tinkering with a faulty mechanism and think creatively about achieving a functional public "right-to-know" law.

Some small and simple changes can transform the way FoI works.

The project suggested that there be a reverse onus of proof. If a person is forced to make an application for information then the agency, if it wants to refuse the application, must appeal to an Information Commissioner to justify its decision, otherwise the information must be released.

This is an immediate circuit-breaker to the current problem of agency delay, vague justifications and the necessity for applicants to initiate, and often bear the costs of, tribunal or court actions.

FoI policy is not a vote-winner.

Good FoI policy is something that aspiring statesmen tie their colours to because it makes a difference.

Rick Snell lectures in law at the University of Tasmania, where he specialises in FoI. He worked in Cambodia on behalf of USAID.