Media Alert: Police Attempted to Disperse Community Assembly

Media Alert

Police Attempted to Disperse Community Assembly

In the morning of 10 August 2011, Mr. Chut Wutty, the Director of Natural Resource Protection Group, and communities from three provinces were surrounded by a number of police officers (over 10) armed with AK 47 trying to stop a training session. An intense argument broke out between Mr. Chut Vutty and the police officers, with the police using disrespectful and dirty words and unacceptable behaviors.

The Cambodian Center for Human Rights in collaboration with Natural Resource Protection Group on 9 August 2011 conducted a training session on Human Rights in Sre Veal village, Dorng Kambet commune, Sandann district, Kompong Thom province. This training was to provide the communities whose daily lives contingent upon the resources from Prey Lang with the knowledge of various laws, particularly administrative laws and human rights directly related to their lives and issues pertaining to natural resource protection.

There were roughly seventy villagers from three provinces—Kompong Thom, Preah Vihear and Steng Treng—attending the training on 9 August 2011. At the start of the training, the commune chief and a number of police officers came in with an attempt to stop the training. After about an hour of arguments between the commune chief and the organizers: Mr Chim Savuth and Mr Chut Wutty, the training proceeded despite the prohibition from the commune chief. However, training was under strict observation from the local authority: a member of the commune council and a police officer. The session on law and human rights ended at around 2:30 p.m and the session on natural resource protection conducted by Mr. Chut Wutty began. As time running short, Mr Chut Wutty was not able to finish so he had to stay overnight in the village for another session in the morning of 10 August 2011.

For further information, please contact:

Mr. Chhim Savuth, Project Coordinator, +855 12 899858 or savuth@cchrcambodia.org

Mr. Chut Wutty, the Director of Natural Resource Protection Group, +85512835353 or nrpgconservation@noline.com.kh

Best,

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Suon Bunthoeun, Attorney –at- Law

Project Officer, CCHR

Protest park opens in capital of autocratic DICTATORIAL Cambodia

Thursday, November 04, 2010
By Sopheng Cheang (CP)

PHNOM PENH, Cambodia — The Cambodian government, widely criticized for quashing dissent, opened a small park Thursday to accommodate demonstrators. But opponents said the park's isolated location would render any demonstration useless.

Officials say that Democracy Square, more commonly known as Freedom Park, would facilitate full security for protesters and prevent general public disorder. The park, once a public garden, has no special facilities except for 10 public toilets.

"The creation of this Democracy Square allows us to easily provide good security and public order but it is a site where people can express their opinions freely and legally," said Nhem Saran, chief of Phnom Penh's Transportation Office, at the official opening ceremony.

The 60-by-200 metre (200-by-650 foot) site is close to the U.S. Embassy and Wat Phnom, a Buddhist temple that marks the city's centre, but is not near any major government offices. Its isolated location makes it nearly useless as a place to voice dissent, opponents said.

Chea Muny, president of Free Trade Union of the Workers of the Kingdom of Cambodia, a prominent workers leader who has been active in staging demonstrations, says the creation of the park is aimed at muffling the voices of protest.

He said the protesters want to rally in front of the government institutions and other places where their demands can be heard by those in power.

The government of Prime Minister Hun Sen is democratically elected but tries to limit dissent, often through legal means such as lawsuits. Journalists, human rights activists, opposition lawmakers and other critics have been convicted or jailed for defaming Hun Sen and his allies.

Last year, Cambodia's Parliament approved a bill banning demonstrations by more than 200 people. The law also requires protesters to seek official permission five days ahead of a planned rally. Lawmakers from the country's main opposition party, the Sam Rainsy Party, have described the law as a clear setback for Cambodia's democracy.

The new Law on Demonstrations : A terrible setback for freedom of assembly

International Federation for Human Rights (FIDH)
Cambodian Human Rights and Development Association (ADHOC)
Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

Press Release

Cambodia

The new Law on Demonstrations : A terrible setback for freedom of assembly
http://www.fidh.org/The-new-Law-on-Demonstrations-A-terrible-setback

Paris – Phnom Penh, 29 October 2009 - The International Federation for Human Rights (FIDH) and its member organizations in Cambodia, the Cambodian Human Rights and Development Association (ADHOC) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO), express their deepest concern at the draft Law on Demonstrations adopted earlier this month by the National Assembly of the Kingdom of Cambodia.

Freedom of assembly is currently regulated by the Law on Demonstrations of 1991, which requires the organizers of a peaceful protest to inform the authorities in advance. In practice, the authorities interpreted this law as requiring an express authorization before any demonstration can be organized.(1) In 2008, e.g., ADHOC reported that the authorities imposed restrictions on public demonstrations relating to land and natural resources conflicts, and workers’ rights. Of 155 peaceful strikes and demonstrations that took place last year, 108 (70%) were suppressed forcibly by the armed forces. In addition, the authorities often refused to authorize demonstrations, or delayed granting authorization for demonstrations shortly before they were due to take place. Unauthorized strikes and demonstrations were suppressed by force.

Against this background of abuse of the existing law, the replacement of current legislation by an even more restrictive law on demonstrations is worrying. The text has been adopted by the National Assembly without previous consultation with civil society, and the version submitted to Parliament for approval has not been made public or circulated beforehand. This opacity and lack of participatory and consultative mechanisms in the legislative process is in itself a cause of serious concern.

As regards the text of the law adopted this month, it represents a setback in relation to the existing legislation, which was already restrictively interpreted by the authorities.

Based on their analysis of the current text as adopted earlier this month by the National Assembly (the analysis is available at the following link: http://www.fidh.org/IMG/pdf/Analysis_assembly_law_Oct_09-2.pdf), FIDH, ADHOC and LICADHO call upon the Senate of the Kingdom of Cambodia to reject this text in its current form, and to propose amendments to the above-mentioned provisions so that the text be fully compliant with Cambodia's international human rights obligations.

Since Cambodia will be examined under the Universal Periodic Review conducted by the UN Human Rights Council, on 1st December 2009, we call upon UN member states to raise this issue as a matter of priority with the Cambodian authorities.

Based on the EU Guidelines on Human Rights Defenders, the European Union should express its deep concern at this draft legislation as it stands, and call upon the Senate of Cambodia to reject the text, or significantly amend it.
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Notes :

[1] The 1991 Law on Demonstrations says demonstrations are “acceptable” provided they are not “detrimental to public tranquility, order or security”. The 1991 Law on Demonstrations states that “authorities in each commune or ward through which a group of demonstrators will march shall be informed at least three days beforehand in writing”. The authorities are obliged to issue a receipt for the gathering unless they believe it has “characteristics conducive to causing turmoil”, in which case they can ban the assembly within 48 hours. If the assembly organizers disagree, a final decision should be made by “higher authorities” within 24 hours. This law clearly sets out a process of notification and yet it was been willfully misinterpreted to mean assembly organizers must apply for permission to gather. In both the Constitution and the 1991 Law of Demonstrations, the justifications set by the Law for restricting the right to freedom of assembly have been widely misinterpreted, against the spirit of freedom of assembly. Since early 2003, permission has been routinely denied to peaceful protests on whimsical security grounds. See LICADHO, Freedom of Assembly in Cambodia, November 2006, p. 5 (http://licadho-cambodia.org/reports...).
--
Emmanouil Athanasiou
Responsable du Bureau Asie - Head of Asia Desk(FIDH) -
International Federation for Human Rights
Fédération Internationale des Ligues des Droits de l'Homme
17, Passage de la Main d'Or
75011 Paris, France
Tél.: 0033 1 43 55 25 18
Fax.: 0033 1 43 55 18 8

Union umbrella group calls for changes to draft demonstration law

Friday, 08 May 2009
Written by Khouth Sophakchakrya The Phnom Penh Post

Two articles of the government's draft law place 'unfair restrictions' on people's rights to demonstrate, according union, NGO officials

THE Cambodian Confederation of Unions (CCU) has asked the National Assembly to delete two parts of the draft Law on Peaceful Demonstrations before MPs meet to approve it.

CCU President Rong Chhun told the Post Thursday he sent a letter to the National Assembly making the request.

Clause 1 and Clause 2 of Article 14 of the proposed law define a peaceful protest as a gathering of no more than 200 people. But many demonstrations have more than 200 people, and limiting the number would be an unfair restriction on people's rights, said Rong Chhun, who is also the head of the Cambodian Independent Teachers Association.

He said Article 28 of the law states that public demonstrations can be held at just a single venue in each province, which the authorities would be obliged to build within six months of the bill becoming law.

Demonstrators would not be allowed to take their protest outside the venue, which he said was unjust, adding that scrapping this provision would also save the authorities money.

But the secretary of the National Assembly's Commission on the Protection of Human Rights, CPP member Nhem Thavy, said the number of demonstrators was not important - it was their message that counts.

"The government should not limit the number of demonstrators..."

"Article 14 and Article 28 are not meant to reduce freedom of expression in Cambodia," said Nhem Thavy, adding that he agreed with the provisions in Article 28.

Ensuring peaceful protests

CPP lawmaker Cheam Yeap said Rong Chhun's letter would be considered by the parliament's special commission. But he added that Cambodia needs venues where people can assemble to demonstrate peacefully, claiming that previous marches had ended violently.

"We need to construct these centres for demonstrations to protect social security and public and private property," he said.

"In the past some peaceful demonstrations have resulted in protesters using violence and destroying public and private property."

The law has raised alarm in some circles. Moeun Chhean Nariddh, the director of the Cambodian Institute for Media Studies, said the draft legislation would conflict with the country's obligations as a signatory to the Universal Declaration of Human Rights.

Article 19 of that document states that everyone has the right to freedom of opinion and expression; Article 20 states that everyone has the right to freedom of peaceful assembly.

Moeun Chhean Nariddh said, "The government should not limit the number of demonstrators or insist on a particular place to demonstrate. Instead it should increase the options."

IRI's demand for Freedom of Assembly is deemed biased by General Khieu Sopheak

US Group Calls for Freedom of Assembly

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
31 March 2008

The International Republican Institute issued a statement Monday calling on authorities to allow freedom of demonstration, in the wake of a threatened gathering by the opposition party.

The Sam Rainsy Party said Sunday, during a ceremony to honor those killed in a 1997 grenade attack, that it would call a massive demonstration over the government's inability to curb rising inflation.

The IRI said Monday it hoped the period leading into July's general election will allow "political parties and citizens alike the freely express their views," especially to honor those killed in the grenade attack.

Ministry of Interior spokesman Lt. Gen. Khieu Sopheak said Monday the IRI should remain neutral.

"IRI's statement is not right, because international NGOs are to be neutral," he said. "And the July 27 election is not an election to honor the memory of anyone, but for development and national construction."

In issuing a statement linking the grenade attack, which killed at least 16 people, and the election, the IRI was serving as a "tool" for a political party, he said.

"I think this IRI statement is not different from the policy of the opposition party," he said.