Cambodia bans film about trade union leader Chea Vichea

Wed Jun 9, 2010
PHNOM PENH

PHNOM PENH (Reuters) - The Cambodian government has banned a documentary about the unsolved 2004 assassination of influential trade union leader Chea Vichea, according to the film's U.S. director Bradley Cox.

Cox said the government has blocked any screenings of "Who Killed Chea Vichea?" over the past month -- the first banning of a politically charged film since the 1980s in Cambodia which is widely criticized for restrictions on political freedoms.

The movie had its European premiere at the Cannes independent film festival last month and has been put by Amnesty International's on its list of the Top Ten Movies That Matter.

Cox said trade unionists tried to show the movie on May 10 at the spot where Vichea was killed to mark International Labor Day but police raided the location, leading to a declaration by the government, led by Prime Minister Hun Sen, that the movie was an illegal import.

"This is what governments do when they don't want their own people to know the facts and when they can't afford to show weakness, even for an instant," said Rich Garella, one of the producers of the Loud Mouth Film movie, and a former managing editor of The Cambodia Daily.

"I would encourage Cambodian government officials to practice what they preach," said Cox in a statement.

Cambodian Information Minister and the top government spokesman Khieu Kanharith said he was not fully aware of the reasons for the ban but in part it was because the documentary intended to blame his government of Vichea's murder.

"It might have been that the documentary intends to accuse the government of murder," Khieu Kanharith told Reuters.

The 55-minute documentary asks the question who killed Chea Vichea but does not give the answer. It does, however, look at corruption within the impoverished Southeast Asian country.

The banning of the film comes as the ruling Cambodian People's Party is accused by rights groups and opposition lawmakers of abusing its parliamentary majority to push through laws that limit freedom of expression.

Cambodia passed legislation last year tightening defamation laws and outlawing public protests by more than 200 people which donors said were moves to stifle criticism of the ruling party.

Vichea, the leader of the Free Trade Union of Workers of the Kingdom of Cambodia with close links to the opposition Sam Rainsy Party, was shot in the head and chest in the morning of January 22, 2004, at a newspaper kiosk in the capital Phnom Penh.

Cox was on the scene with his camera just moments after the shooting and conducted his own investigation over the next five years.

Two men were arrested days within days and sentenced to 20 years in prison each but in 2008 Cambodian authorities reopened the case and the two men were provisionally released by the Supreme Court in January 2009.

(Writing by Belinda Goldsmith in Sydney and Prak Chan Thul in Phnom Penh, Editing by Jeremy Laurence)

Film-makers behind banned Cambodia doc vow to fight on

8 June, 2010
By Jeremy Kay
ScreenDaily.com

The producer of a documentary banned by the Cambodian government is meeting with foreign sales agents and festival chiefs in a bid to give the film the widest possible exposure.

Rich Garella remained defiant after it emerged this week that Prime Minster Hun Sen declared Who Killed Chea Vichea? an illegal import. Bradley Cox’s documentary investigates the 2004 assassination of labour leader Vichea.

“We’re going to do what we can to get it shown in as many places and festivals as possible,” Garella said. “This is a human rights issue. People should have access to freedom of information.”

Garella said he expected the film to perform strongly in France, Australia and Japan, all of which have historical ties to Cambodia.

“The more traction it gets in the rest of the world, the harder it will be for the government to keep the Cambodian people from seeing it,” Garella said.

US markets such as Long beach, Philadelphia and Washington DC contain sizeable Cambodian populations and to this end Garella and the film-makers are submitting to festivals and hoping for a domestic broadcast deal.

Who Killed Chea Vichea? received its European premiere at the Cannes Independent Film Festival last month and has been hailed by Amnesty International as one of the human rights advocacy group’s Top Ten Movies That Matter.

Who Killed Chea Vichea?is a co-production by Loud Mouth Films and Independent Television Service.

UN envoy to look at Cambodia justice system

Monday, 7 June 2010
By Guy Delauney
BBC News, Phnom Penh

Hun Sen's government has been criticised for prosecuting critics The UN Human Rights Special Envoy for Cambodia is making his third visit to the country.

Surya Subedi plans to look at the country's judicial system, which has long faced allegations of corruption and political interference.

A pressure group says that defendants are often denied their basic rights.

Last year, Professor Subedi said that bringing criminal charges against critics of the government was "disproportionate and unjustifiable".

The visit comes a week after the Supreme Court found a prominent opposition figure guilty of defaming Prime Minister Hun Sen.

A succession of land disputes have meanwhile sparked protests by poor villagers, who argue that judges tend to favour well-connected individuals.

'Basic rights'

The Centre for Justice and Reconciliation, a local organisation funded by the UN, has also sought to drawn attention to the plight of defendants.

It says that basic judicial rights, including the right to be tried in person, are frequently not met.

Of trials held in absentia, it says, nine out of ten trials in absentia last for less than 30 minutes, and many call no witnesses.

It is potentially tricky territory for Professor Subedi, who - unlike his predecessors - has maintained a good relationship with government officials.

But he seems to be able to deliver criticism in a way that does not put noses out of joint.

SRP-NA's statement on Mu Sochua's case

June 2, 2010

To: ALL MEMBERS, PRESS MEDIA AND KHMER PUBLICS AT LARGE

Dear Compatriots and members of the Press.

“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it." Frederic Bastiat

As long anticipated, the Cambodia’s Highest Court has ruled in favour of the Prime Minister. It is truly another setback day for Cambodia where the rule of law and the judicial system is not functioning.

The court has chosen to overlook and discarded all substantive evidences presented by the defender, MP Mu Sochua. The case would have been thrown out of court altogether from the start if it were brought up in USA or Canada. It goes to show how injustice in Cambodia can be legitimized at best in order to serve one strong man’s ego.

The Supreme Court’s decision today, has re-confirmed many times over our call and needs for a major overhaul to our weak and rotten judicial system – a system which serves only the interests of the ruling elites and its corrupted officials at the expense of the mass. Every Cambodian is at risk now as the court has clearly shown itself to the public and the world based on this particular case alone. The court can not be trusted.

It’s the responsibility of the donors’ countries to ensure the safety of MP Mu Sochua, and to demand an overhaul to this highly corrupted judicial system. Without judicial independence, Cambodia is ruled by fear, intimidation and insecurity.

Truly Yours,

Pretty Ma, Secretary General
The Sam Rainsy Party of North America
(450) 712-4998

Cc: Office of the President

Mu Sochua charged "guilty" by Supreme Court

Click on the article to zoom in

2nd June, Phnom Penh - Mu Sochua Charged "Guilty" by Supreme Court

Opposition Sam Rainsy Party Member of Parliament and human rights advocate Mu Sochua was summoned by the Supreme Court to appear this morning, Wednesday 2nd June, at 8am. This was to be for the third and final ruling on the year-long defamation case which has brought her against Prime Minister, Hun Sen.

After a first case on land grabbing, Mu Sochua's hearing began at 9am in front of a full audience of SRP members, local and international journalists, as well as human rights advocates and EU representatives and diplomats. When questioned by the judge, Mu Sochua maintained her argument to remain silent as she does not have a lawyer of her own choosing. Mu Sochua asked permission to read her statement which was granted by the Court. Mu Sochua emphasized her position driven by the principles of fair trial, freedom of speech and gender justice.

Proceeding this first testimonial, the prosecutor presented his case. He contended that Mu Sochua's statements were fabricated and that she was bringing unwarranted attention to Hun Sen. Furthermore, he argued that this had not been done for the sake of Cambodian women, but as a premeditated effort to attack the Prime Minister's authority and honour. Ultimately, the prosecutor illustrated Hun Sen as an unfortunate victim.

After an hour and a half of discussion, the court came back into session to read the verdict. The judges declared they could not accept Mu Sochua's claims, and in the end upheld the verdict from the previous rulings. Mu Sochua is to pay the fine of $4100 or else will have to face a prison sentence.

Immediately following the court ruling, Mu Sochua spoke to the press. Alternating between Khmer and English, she expressed that her and every Cambodian's right to freedom of speech and justice had been violated. She called for everyone to not be hindered by fear and to affirm their rights. With a resolute passion, she reaffirmed her refusal to never pay the fine and her readiness to go jail.

With a large and diverse group of followers behind her, Mu Sochua led a march from the Supreme Court to the Royal Palace and the SRP headquarters. White candles in hand, the SRP's symbol, the protestors sang a well-known Khmer song calling on Khmers to defend their nation with pride and courage.

The protest was carried out with no incident, although, the group faced anti-riot police barriers and barricades along the way. Calmly yet defiantly, the group pressed on, moving past the police blockade.

Supreme Court Ruling a Rubber Stamp of Appeal Court

PHNOM PENH – 02 June, 2010

We, Members of Parliament of the Sam Rainsy Party strongly denounce the ruling of the Supreme Court today, which unsurprisingly upheld the defamation conviction of MP Mu Sochua. The Court’s affirmance, despite the sheer lack of evidence against Mu Sochua, shows the court did not base its decision on an independent and impartial application of the facts to the elements of the law, but instead bowed to political manipulation by the executive.

This conviction demonstrates that constitutional protections and rights such as freedom of expression, fair trial by an independent tribunal, and equality before the law are meaningless when they are used to challenge the powerful.

Not only was there no legal basis for a defamation conviction of Mu Sochua, but this trial has revealed additional causes for great concern about the way the judiciary is run. In this political climate, where threatening speeches against government’s critics are regularly made by high-level officials, it is clear that the lawyer of Mu Sochua’s own choosing was intimidated and that no other lawyers would have dared to represent her. This violated her right to a fair and independent trial.

Further, in a free society, the people must be allowed to hold their leaders accountable, even if that means criticism. The government’s argument that public officials should be respected and not denounced is directly contradicted by the Constitution: Article 39 of the Constitution guarantees the right of Khmer citizens to denounce public officials for a breach of the law committed during the course of their duties. The comments made by the Prime Minister were derogatory and set a bad example for how women should be treated in Cambodia; such language is unacceptable, and perpetuates a culture of misogyny and discrimination against women. If Cambodia is to progress, it must allow space for the people to speak out when they see injustice.

Ironically, as international donors meet this week to discuss giving additional aid to Cambodia, the ineffectiveness of past aid to reform the judiciary and increase democratic space for free expression was made glaringly obvious with today’s ruling. Donors must condemn the lack of reforms of the judiciary in Cambodia and the direct manipulation of the justice system by the executive branch, and place more strict demands on the government to allow judges and lawyers to exercise their roles and functions according to the rule of law. The government must be held accountable to deliver clear results in the reforms of the judiciary and its commitment to democratic principles.

We acknowledge and highly value the presence of all local and international human rights organizations, trade union leaders, teachers, youth and women during the hearing today, and we call on civil society and the international community to continue their vigilance of the current surge of defamation cases against dissenting voices, and partisan political pressure on the judiciary.

More information, contact: 012 788 999

Democracy in Cambodia: With and without Sam Rainsy’s presence

Wednesday 17 March 2010
By Pen Bona
Radio France Internationale
Translated from French by Socheata
Click here to read the article in Khmer

While the Phnom Penh municipal court is in hot pursuit of the 2nd lawsuit by the government against Sam Rainsy, accusing him of falsifying border documents, a number of scenarios has been suggested regarding democracy in Cambodia. What is the consequence of Sam Rainsy’s permanent absence from Cambodia to the upcoming 2013 election, and what kind on influence will it bring to democracy in Cambodia?

Will Sam Rainsy be present in Cambodia as an opposition leader for the upcoming general election in 2013 or not? If Sam Rainsy has to remain permanently absent due to these lawsuits, what influence will this bring to democracy in Cambodia?

These are the many questions that are being raised by political observers in Cambodia. These questions come at a time when the political situation is getting more and more tense stemming from the dispute between the government and the opposition party due to border problems with Viet Nam.

In response to these questions, a number of scenarios has already been proposed in order to reflect on the future of democracy in Cambodia. The first scenario which cannot be neglected stems from the political accommodation favored by Cambodian politicians and which has been used for the past two decades. Under this scenario, there is still hope for Sam Rainsy to return back to the Cambodian political scene.

The second scenario involves the complete absence of Sam Rainsy during the upcoming 2013 election. This scenario garnered a lot of attention based on the observation. Under the scenario where Sam Rainsy would be absent during the election, two views have been proposed:

(1) The first view places high value on the opposition leader himself by linking his presence to democracy in Cambodia. Those who support this view believe that democracy in Cambodia will weaken if Sam Rainsy could not participate in the election. The weakening stems from an election that will be held without the presence of an important opposition leader, thus the election will not reflect true democratic competition because an influential competitor would be absent.

(2) The second view is opposite to the first one. Those who support this second view indicate that Sam Rainsy is not the only important character who sets the destiny of democracy in Cambodia. In reality, true democracy depends on the votes where the citizens can chose to vote for one particular party. Furthermore, there are more than one opposition party and these parties are not fighting for a single individual either, i.e. without Sam Rainsy, others can still lead the opposition, especially in Cambodia where an event can easily be forgotten in time.

The two views above have their own consequences. However, if a conclusion can be made then the truth would be revealed. The permanent absence of Sam Rainsy from the Cambodian political scene will necessarily reflect negative influence, whether small or large. This is normal, nevertheless logic dictates that no problem is better than when there is a problem. As it turns out, for the sake of democracy in Cambodia, the incident that befalls the opposition leader and that could lead to his absence in the upcoming election will surely bring shadows on democracy.

If one were to look at the state of democracy in Cambodia’s neighboring countries, Thailand is the only country that abides by democracy, whereas Vietnam and Laos are ruled by communist-like regimes still. However, in the past few years, democracy in Thailand seems to gradually lose its identity due to the numerous military coups d’état that take place and that lead to upheaval in this country.

Therefore, if one were to look at countries that surround Cambodia, there is no democracy example that Cambodia could grab to make its own. Under this condition, Cambodia should look into the region or the entire world in order to find a type of democracy that is suitable to the country condition.

Therefore, this is the path that Cambodian politicians should take to serve the interest of its people and to earn support from the international community. Under this condition, they should end problems between the ruling party and the opposition by putting an end to all lawsuits involving border issues. This is the best possible choice.

Court formally charges Rainsy

Opposition leader Sam Rainsy addresses supporters of his party via a live video feed from Paris during a press conference on January 28. (Photo by: Heng Chivoan)

Monday, 15 March 2010
Vong Sokheng and Sebastian Strangio
The Phnom Penh Post

PHNOM Penh Municipal Court on Friday formally charged opposition leader Sam Rainsy with falsifying public documents and spreading disinformation, two weeks after government lawyers filed complaints against the embattled Sam Rainsy Party (SRP) president.

Sok Roeun, the court’s deputy prosecutor, said that preliminary investigations had led to the filing of the charges, but that further investigations were necessary before a trial date is set.

“Sam Rainsy was charged on Friday, and the investigating judge will continue investigating the cases and then will submit it to the trial judges,” he said.

Government lawyer Ky Tech filed the complaints against Sam Rainsy on February 26, after the SRP president released maps that the party said offered “unprecedented evidence” of Vietnamese border incursions. Sam Rainsy, who has already been sentenced in absentia to two years in jail for uprooting six wooden posts along the Vietnamese border in October, faces an additional 18 years in prison if convicted on the new charges.

SRP spokesman Yim Sovann said he was not surprised by the court’s decision to pursue the complaints, saying the government tried to silence the criticisms of all those who tried to expose its abuses of power.

“I’m not concerned about the trial against president Sam Rainsy because the trial is under the pressure of the ruling Cambodian People’s Party and is politically motivated to silence and exhaust the opposition party,” he said.

Sam Rainsy’s lawyer, Choung Chou Ngy, said he would wait until the trial judge sends him a summons before taking any action.

“I’m not worried about the case, and I will commit to fulfill the obligation of defending my client according to legal procedures and will try to bring justice for him,” he said, expressing hope that the court would play an independent role in the proceedings.

Chea Vannath, an independent analyst based in Phnom Penh, said the continued self-exile of Sam Rainsy the country’s main opposition leader was an indictment of the current state of democracy in Cambodia. She also said that a negotiated settlement would be to the benefit of all parties involved.

“I think both the opposition party and the ruling party would benefit if the ruling party continues to practise its ‘win-win’ policy as a way of resolving this issue,” she said.

A sore point
However, the Vietnamese border is a sensitive issue for the current government, which has long enjoyed close relations with Hanoi. In 2005 and 2006, several government critics, including Mom Sonando, director of Beehive Radio, were taken to court after criticising the signing of a border treaty with Vietnam in 2005. That treaty, which supplemented a 1985 border agreement, forms the basis of the current demarcation efforts.

Hang Chhaya, executive director of the Khmer Institute for Democracy, said that Sam Rainsy’s attempts to keep the Vietnamese border issue on the agenda had clearly irked the government, which is keen to keep the spotlight on its much-publicised standoff with Thailand.

“When Sam Rainsy produced maps showing where the border posts were, it just prolonged the incident,” he said. “The government wants to flex its muscles and send a message that they don’t want these issues to continue.”

Others said it was unclear why, after sentencing Sam Rainsy to two years’ prison in January, the government was pursuing additional charges.

Ou Virak, president of the Cambodian Centre for Human Rights, said last month that the threat of a two-year prison term was “sufficient to keep [Sam Rainsy] out of politics for a while”, or at least until international pressure necessitates his return to the country.

In February 2006, Sam Rainsy returned from a similar spell abroad after receiving a Royal pardon for a defamation conviction, and Prince Norodom Ranariddh waited for the annulment of an embezzlement conviction before returning to Cambodia in October 2008.

Ou Virak predicted that a similar political deal would herald Sam Rainsy’s return, but warned that, as with Prince Norodom Ranariddh, a prolonged absence from in-country politics could damage his political standing.

“By the time they reached a political solution, [Ranariddh’s] political career was dead,” Ou Virak said.

Opposition Leader Sam Rainsy’s Trial a Farce: Human Rights Watch

Conviction Demonstrates Continuing Persecution of Critics, Political Control of Judiciary

January 28, 2010
Source: Human Rigths Watch

"The Cambodian government’s relentless crackdown on critics continues apace in 2010. Hun Sen seems intent on reversing the political pluralism that has been created over the past two decades" - Brad Adams, Asia director at Human Rights Watch.

(New York) - A Cambodian court's closed-door conviction and sentencing of the opposition leader Sam Rainsy and two others takes Prime Minister Hun Sen's campaign of persecution of critics to a new extreme and highlights government control over the judiciary, Human Rights Watch said today.

On January 27, 2010, the Svay Rieng provincial court convicted Rainsy and two villagers, Meas Srey and Prom Chea, on charges of racial incitement and destroying demarcation posts on Cambodia's border with Vietnam. Rainsy, who was in Paris, was tried in absentia and sentenced to two years in prison and fined 8 million riels (approximately US$2,000). Meas Srey and Prom Chea were each sentenced to one year in prison for destroying public property. The court also ordered the three to pay 55 million riels (approximately US$13,000) in compensation for the removal of border markers with Vietnam.

"The Cambodian government's relentless crackdown on critics continues apace in 2010," said Brad Adams, Asia director at Human Rights Watch. "Hun Sen seems intent on reversing the political pluralism that has been created over the past two decades."

The cases were brought after Rainsy and local villagers pulled six temporary border markers from the ground in Chantrea district of Svay Rieng. Local villagers alleged that the border markers represented an attempt by Vietnam to encroach on Cambodian land, a longstanding claim of Rainsy and his party.

The trial did not meet international standards for a fair trial, Human Rights Watch said. The lawyer for Meas Srey and Prom Chea said the court refused to consider defense evidence. By trying Rainsy in absentia, the court denied him his rights to defend himself and to examine the evidence against him. The trial was closed to journalists, human rights organizations, and the general public.

The court was surrounded by a heavy police presence, which observers say was intended to intimidate defense counsel and influence the court's ruling - a common feature of political trials in Cambodia. Svay Rieng provincial court has a long history of politically motivated rulings.

On January 6, Hun Sen, who has long exercised an iron grip over the courts, made the outcome of the trial clear. He announced that he would not request a pardon for Rainsy if he was found guilty. "This time I would like to declare ... there is no [pardon]; after the court convicts, let it be," Hun Sen said during an inauguration ceremony for a stretch of National Road 1 in Kandal province.

"Any hopes of slowing Hun Sen's assault on the political opposition now depends on the donor community, which props up the government financially," Adams said. "This political trial should make donors recognize the gravity of the situation."

Senior government officials have repeatedly brought politically motivated cases against Rainsy in recent years. His immunity as a member of parliament was lifted in February 2009 after Hun Sen filed a criminal defamation complaint against him for accusing Hun Sen of corruption. Rainsy's immunity was restored after his party paid a US$2,500 fine. On November 19, his immunity was lifted again for the border markers case.

Rainsy still faces a defamation complaint filed in 2009 by the Phnom Penh municipal governor, Kep Chuktema, after Rainsy allegedly said in a speech in May that Kep Chuktema was involved in vote-buying.

The most recent attempt to jail Sam Rainsy came in December 2005, when he was sentenced to 18 months in prison on transparently political charges. Rainsy was out of the country at the time. Under international pressure, Hun Sen agreed to a royal pardon in February 2006.

From the time he created his political party in 1995, Rainsy has been subject to assassination attempts, threats, intimidation, criminal cases, and civil court cases. On March 30, 1997, a grenade attack on a political rally he was addressing killed at least 16 people and wounded 150. Rainsy's life was saved when the full force of the blast hit one of his bodyguards. Hun Sen's bodyguard unit has been implicated in the attack.

At least 10 government critics were prosecuted for criminal defamation and disinformation based on complaints by government and military officials during 2009. Criminal defamation, disinformation, and incitement lawsuits were also filed against two members of Parliament from the opposition Rainsy Party, Mu Sochua and Ho Vann, and a youth activist, Soung Sophorn.

Sam Rainsy is charged by the Yuon Puppet regime of destroying public properties and racial discrimination

Opposition leader Sam Rainsy (Photo: Ayuthyea, RFA)

Svay Rieng court officially sues Sam Rainsy

12 Dec 2009
By Sok Serey Radio Free Asia Translated from Khmer by Socheata Click here to read the article in Khmer

The Svay Rieng provincial court brought a criminal lawsuit against Mr. Sam Rainsy, charging him with uprooting the border stakes between Cambodia and Vietnam in Svay Rieng province.
The Svay Rieng court officially sued Mr. Sam Rainsy and accused him of perpetrating two criminal offenses: destruction of public properties for the uprooting of the border stakes between Cambodia and Vietnam in Svay Rieng province, and also for racial discrimination.

Chuong Chou Ngy, opposition leader Sam Rainsy’s defense lawyer, told RFA on Saturday 12 December 2009: “(1) for the destruction of border post No. 185 between Cambodia and Vietnam, and (2) for racial discrimination. The accusations leveled by the prosecutor are officially opened for investigation, and the case has moved to the investigation judge. Currently, the case is under investigation.”

Chuong Chou Ngy said that he is prepared to confront this sensitive lawsuit: “This is a sensitive case, therefore, you have to understand me because I cannot talk in depth about it. I am thinking of preparing witnesses to clarify that the planting of this border post is not right.”

sVar Kim Hong, chairman of the Cambodian joint border commission, said that he wants to see the Svay Rieng provincial court holding its hearing on this case as soon as possible.

sVar Kim Hong said: “The sooner the lawsuit brought up by the Svay Rieng court can be decided, the better it will be so that it can be clearly known.”

Yim Sovann, SRP MP and SRP spokesman, reacted by saying: “It was not public property destruction. The wooden stakes do not even cost $2. Those who destroyed forest by the tens of thousands hectares of land, and those who caused the loss of several millions of dollars, they are the ones who should be rightfully lifted of their immunities so the court can sentence them.”

The official court lawsuit was undertaken recently after the Chantrea district authority brought its lawsuit to the Svay Rieng court, and accused Sam Rainsy of destroying public properties at the end of October.

Subsequently, opposition leader Sam Rainsy saw his parliamentary immunity lifted by the National Assembly on 16 November so that he could face the investigation and the questioning by the Svay Rieng provincial court under the charges above.

Mr. Sam Rainsy, along with Cambodian villagers in Svay Rieng province, accused Vietnam of planting these border posts through encroachment on rice fields belonging to local Cambodian farmers. Cambodian border experts denied this charge by claiming that both the Vietnamese and Cambodian parties have agreed on that particular location.

About 20 SRP MPs plan to visit Svay Rieng province at the beginning of this week to check on the local border condition.

Cambodian opposition leader Sam Rainsy accuses PM Hun Sen of stilling critical voices

Sam Rainsy (R) and Hun Xen (L)

23 September 2009
SEAPA

Cambodia's opposition leader Sam Rainsy accused Prime Minister Hun Sen of silencing critical voices in the country in the face of growing discontent among Cambodians induced by the government's corrupt practices and mismanagement of the economy and the effects of the worldwide financial crisis.

Speaking before representatives of the international media in a panel discussion organized by the Southeast Asian Press Alliance (SEAPA) in cooperation with the Foreign Correspondents' Club of Thailand (FCCT) in Bangkok on 23 September 2009, Sam Rainsy said the Hun Sen administration has launched a crackdown, not only against journalists, but also legislators, civil society officers and even their lawyers.

He said the government's corruption has further weakened the national economy. "Cambodia is losing US$500 million every year to corruption," he said.

Aside from this, Sam Rainsy, who heads the Sam Rainsy Party which in turn controls 26 out of 123 seats in Cambodia's parliament, accused the current government of mismanaging the economy, first selling off natural resources like timber and now leasing forested lands to foreign companies for up to 99 years, with the income allegedly going to corrupt officials' pockets.

At the same time, Sam Rainsy said the government is not taking steps to mitigate the effects of the worldwide crisis. It has refused to inject money into the economy, he said, adding that taxes were instead raised, and the interest rates of banks shot up to 3% per month.

To head off the discontent, Sam Rainsy said the Hun Sen government has targeted opposition members of parliament (MPs) and civil society groups, aside from journalists.

On 26 June 2009, Hang Chakra, the publisher and editor-in-chief of the "Khmer Machas Srok" was sentenced to one year in prison. He was tried in absentia, despite the fact that he never fled or left the country. He was also fined 9 million Riel or (about US$2250), a considerable sum in Cambodia, for "disinformation" and for "dishonoring public officials".

On 8 July this year, charges against of "Moneaksika Khmer" (Khmer Conscience) newspaper Sam Dith were dropped, after another formal letter of apology (this time addressed to PM Hun Sen) -- along with a "voluntary" resolution to cease publication of his newspaper. A year earlier, Sam Dith had been slapped with criminal charges over an article that suggested links between Cambodian Foreign Minister Hor Nam Hong and the past Khmer Rouge regime.

On 22 June 2009, the National Assembly controlled by the ruling Cambodia People's Party suspended the parliamentary immunity of two members of the opposition Sam Rainsy Party (SRP). The move paved the way for defamation charges brought by PM Hun Sen and the Royal Cambodian Armed Forces against opposition legislators Mu Sochua and Ho Vann.

The government then also went after the oppositionists' lawyers. Kong Sam Onn, the legal counsel who represented Mu Sochua and Ho Vann, was himself charged with defamation by Hun Sen. He was also threatened with disbarment. Like the editor Sam Dith, Kong Sam Onn was forced to apologize to the prime minister, and then compelled to join the ruling party, in return for the withdrawal of the case against him.

Sam Rainsy added that while the government harasses political and civil society leaders and journalists with lawsuits, rank-and-file members have been assassinated recently, especially in the rural areas.

Duong Hak Sam Rithy, vice president of the Cambodian Association for the protection of Journalists (CAPJ) claimed that some 10 journalists have been killed by government agents. Up to now, he said, police have not yet concluded their investigation in any of the cases.
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The Southeast Asian Press Alliance (http://www.seapa.org) is a coalition of press freedom advocacy groups from Indonesia, the Philippines and Thailand. Established in November 1998, it is the only regional network with the specific mandate of promoting and protecting press freedom throughout Southeast Asia. SEAPA is composed of the Alliance of Independent Journalists (Indonesia), the Jakarta-based Institute for the Study of the Free Flow of Information (ISAI), the Manila-based Center for Media Freedom and Responsibility, the Philippine Center for Investigative Journalism, and the Thai Journalists Association. SEAPA also has partners in Malaysia, Cambodia, East Timor, and exiled Burmese media, and undertakes projects and programs for press freedom throughout the region.

For inquiries, please contact us at: seapa@seapa.org, or call +662 243 5579.

Cambodia's Hun Sen looks safe despite some unease

Thu Aug 20, 2009
By Ek Madra

PHNOM PENH (Reuters) - Trouble is mounting for Cambodia's long-serving prime minister, Hun Sen, with rising unemployment and an economic slowdown on top of growing criticism from diplomats, rights activists and political rivals.

But analysts see little threat to his power or the long-term investment outlook in a country that has made great strides after decades of poverty, brutalilty and instability.

"Things are far from perfect in Cambodia, but democracy is a slow process and we have to see the bigger picture," said Pou Sothirak, a senior research fellow at Singapore's Institute of South East Asian Studies (ISEAS).

"Hun Sen's priority has been the economy, social order and the avoidance of conflict, and the current situation is a significant improvement from the past."

Hun Sen's government has come under fire recently, accused of corruption, abuse of power, and undermining the judiciary, raising concerns about future stability and its sincerity about carrying out long-awaited reforms.

Tens of thousands of people have been driven out of their homes in a slew of land seizures, while critics have blasted Hun Sen for filing lawsuits they say are merely attempts to intimidate journalists, activists and political opponents.

However, Hun Sen gets plenty of plaudits as well, and some analysts say the firm hand of the undisputed strongman is exactly what Cambodia and its economy needs.

"It's easy to criticise Hun Sen as a single-party ruler, authoritarian and totalitarian, but he's a pragmatist -- he does what he needs to do," said Ian Bryson, a regional analyst for Control Risks.

"There's no reason to forecast any instability in the near future. Cambodia's pretty rock solid. Hun Sen is healthy and he really is quite well-regarded."

Given the steady turnaround in Cambodia's fortunes since Hun Sen came to power 25 years ago, the popularity of the Khmer Rouge defector and former farmer and monk, comes as no surprise.

RECOVERY COURSE

Six years after Vietnamese invaders ended the Khmer Rouge's 1975-79 "killing fields" reign of terror, Hun Sen became premier and cultivated a reputation as a moderate, investor-friendly democrat, which helped put Cambodia on the road to recovery.

Until the global economic crisis struck, Cambodia had seen four straight years of double-digit growth fuelled by Hun Sen's pro-business policies, which created new jobs and infrastructure and raised living standards among the rural poor, many of whom live on less than $1 a day.

With backing from the poor, his Cambodian People's Party (CPP) scored 73 percent of the vote in 2008 elections, which observers said had only minor irregularities, to win its first outright majority after years of bickering coalition governments.

"I see no party that can challenge the CPP. They've improved the livelihoods of the poor and boosted their hopes and expectations for the future," said a Cambodian political science lecturer, who asked not to be named.

"The criticism Hun Sen has received does not reflect the overall situation. I can see the ruling party will continue to hold power ... and foreigners will continue to invest here."

Analysts say complaints about graft, cronyism, lawsuits and forced evictions from donors, rights groups, diplomats and financial institutions have irked Hun Sen, but will have little impact on his popularity.

The biggest challenge for the CPP, they say, is to revive the economy and ensure jobs are created to minimise the threat of social problems or civil disorder that could undermine its grip on power.

Foreign direct investment has slowed since the global financial crisis took its toll. Economic growth slowed to 5.5 percent in 2008 and the economy is forecast to shrink by 0.5 percent this year, according to the International Monetary Fund.

With a slump in demand from key markets like the United States, at least 130 garment factories have closed since late last year, prompting an estimated 50,000-60,000 lay-offs in an industry that brought in $3.8 billion in 2007.

But analysts say workers have accepted this is not the fault of government mismanagment, and that it looks unlikely to pose a threat to Cambodia's stability.

Neither, they say, will long-running diplomatic disputes with traditional foe Thailand over border demarcations, near the 11th-century Preah Vihear temple and in the Gulf of Thailand, where oil and gas deposits have been found.

Both sides have beefed up their military presence in the areas and seven soldiers died in skirmishes over the past year. But too much is at stake for both countries, and that is preventing the disputes from escalating significantly.

"It's been a bumpy ride for Cambodia, but stability is, and will remain, very much intact," added Pou Sothirak of ISEAS. "And for that reason, I expect foreign investors will return when the global economic situation improves."

(Additional reporting by Martin Petty)

Govt campaign turns back the clock on press freedom

Thursday, 30 July 2009
Sebastian Strangio and Sam Rith
The Phnom Penh Post

PRESS freedom is in its worst state in Cambodia since the early 1990s, say reporters for the country's independent and opposition newspapers, who argue that the current crackdown against government critics risks bringing the country full circle to the repressive environment of the 1980s.

Despite having a press that is freer than Vietnam, Laos and Myanmar, journalists say the current campaign against "disinformation" - which has already forced the closure of one paper and imprisoned the publisher of another - could set the country back 15 years.

"I used to write 100 percent of the truth, but now I've reduced it to about 30 percent," said Tes Vibol, the publisher of Khmer Student News, an independent and self-funded weekly newspaper.

Tes Vibol said he had been sued before, but that the courts had always cleared him of the charges because his stories were fair and objective.
"Those charges were all dropped because I had documentary evidence," he said.

Curbing 'misinformation'

The government's recent crackdown has netted some large catches. On July 10, opposition daily Moneaksekar Khmer ceased publication after its publisher and editor-in-chief, Dam Sith, was charged with defamation and apologised to Prime Minister Hun Sen.

Hang Chakra, the publisher of the remaining opposition daily, Khmer Machas Srok, languishes in prison after being convicted on similar charges.

The opposition daily Sralanh Khmer was neutralised during a similar crackdown in 2006, when its editor, Thach Keth, switched its allegiance to the government.

Officials claim that all three papers were guilty of publishing material that defamed senior government officials or otherwise spread false information.

Sek Rady, the editor of New Liberty News, which restarted publication in April after a long hiatus, said the current media environment was no better than when he entered the industry in 1995.

"Now it is difficult to express ideas that criticise the government - not only for journalists, but also for citizens," he said.

Khmer Machas Srok reporter Boay Roeuy said he now lives with daily worries about his security and fears that the opposition press will disappear, but he vowed to continue reporting as objectively as possible.

"I will not abandon my work as a reporter for the opposition media because I want to inform people, as well as the top leaders of the government," he said.

A free press arrived in Cambodia virtually overnight with the signing of the Paris Peace Accords in October 1991 and the subsequent arrival of the UN Transitional Authority in Cambodia.

While the coming of the UN mission prompted a flowering of media freedom, it also brought the means to curb it: Articles 62 and 63 of the UNTAC Criminal Code, designed to guide the country through its post-conflict transition, have been used to prosecute recent defamation cases, raising questions of whether the government's commitment to freedom of the press was ever more than skin-deep.

Shallow roots

Lem Piseth, a former Radio Free Asia journalist who now edits the online Free Press Magazine from Norway, said that even before the current crackdown, the country had been "moving steadily towards the restrictions on the free press that existed under the communist regime before 1993".

As a reporter, Lem Piseth knew he had crossed a line when his two young children roused him on the morning of April 10, 2008, to show him six AK-47 rounds they had found outside the gate to his rented house in Battambang province.

During the previous year, Lem Piseth claims to have received a series of threatening text messages, phone calls and letters from unknown senders, but it was the bullet incident that eventually forced him to flee the country.

The incident followed his investigation of a drug trafficking and murder case with alleged links to high-ranking officials, but he claims the threatening phone calls and letters started earlier, with a series of broadcasts on illegal deforestation in Kampong Thom province allegedly involving close allies of Prime Minister Hun Sen.

"The new threat with bullets worried me constantly, and I admit that I lost all courage as a strong reporter," he said.

"Working as an investigative journalist in Cambodia is not easy," he said.

Cycles of freedom

Lao Mong Hay, a researcher at the Asian Human Rights Commission in Hong Kong, said the overall pattern since 1993 had been one of "overall decline", with "spurts of freedom over short periods of time".

The period to 1996, he said, saw greater degrees of press freedom than today, despite being marked by more acts of violence against
journalists.

"The government is now much less tolerant of the diversity of opinion, especially of criticism. The loss of another newspaper is ... another fetter for its activities," he said.

Ou Virak, president of the Cambodian Centre for Human Rights, also spoke of the "cycle of freedom" that has marked the years since 1993, but he expressed optimism that, as with previous crackdowns, the country was nearing the bottom of the "curve", and that the long-term trends were positive.

But he said that any press environment that can swing so wildly between freedom and repression could not be described as truly free.

"People can easily be jailed. This would be ridiculous in the US or anywhere in Europe," he told the Post.

He said that there is no guarantee that the current crackdown will end, especially if the government manages to cripple the opposition press altogether.

"If it continues, it could reach a point of no return, and that will ultimately mean that there are enough mechanisms to silence just about anybody," he said.

"The question is when it will reach the point of no return."

Cambodia cracks down on dissenters

July 26 2009
By Tim Johnston in Bangkok
Financial Times (UK)

Asia is no stranger to governments using the courts to muzzle their detractors, but the Cambodian government’s current legal attack on its opponents is causing concern in the region.

Hang Chakra, former editor of the Khmer Machas Srok newspaper, is sharing a cell with 50 other convicts in Phnom Penh’s notorious Prey Sar prison, serving a one-year sentence for articles that alleged corruption among government officials.

Moeung Sonn, head of the Khmer Cultural Civilisation Foundation, was last month sentenced to two years in jail in absentia for “disinformation” after suggesting that a new lighting system at the Angkor Wat temple complex might damage the 600-year-old buildings.

And on Friday, a court is to hand down its verdict in a case against Mu Sochua, an opposition parliamentarian accused of defamation against Hun Sen, Cambodia’s prime minister.

“I’m sure I will be found guilty unless there is some magic in the air, and I don’t feel that there is,” she said on Sunday.

“The Cambodian government is imposing its most serious crackdown on freedom of expression in recent years,” Brad Adams, Asia director for Human Rights Watch, said last week.

The case against Mu Sochua, a former minister for women and veteran’s affairs, is based on her allegation that Hun Sen called her “strong leg” – a cutting insult in Khmer culture – in a speech in her constituency in early April. When he declined to apologise, she called a press conference in which she alleged that not just herself, but all Cambodian women had been insulted.

That allegation provoked a counter-suit from Hun Sen. The courts threw out her case but agreed to hear Hun Sen’s complaint.

Her lawyer withdrew after he came under pressure, provoking a protest from the office of the office of the United Nations High Commissioner for Human Rights. Mu Sochua declined to find a different attorney. “I am not going to put another lawyer through that torture,” she said.

If she is found guilty, she will face a fine of about $2,500 (€1,760, £1,520). More importantly, she could lose the right to sit in parliament. Some analysts say that might be Hun Sen’s intention.

“The concept of pluralism hasn’t got any roots in Cambodia,” said David Chandler, a professor of history at Monash University in Australia. “The opposition is almost by definition disloyal.”

Son Chhay, another outspoken opposition parliamentarian, says the recent crackdown is a symptom of a government that is trying to address the issues facing the country, such as corruption, land seizures and economic stagnation.

“Like many dictatorial regimes in the region, because they are unable to solve the problems, they resort to measures to control the people and shut them up,” he said.

“If he allowed Mu Sochua to challenge him, other people might go down the same path,” said Son Chhay.

In the early 1990s, the international community invested some $1.5bn in a UN operation to restore civil government to a country that Hun Sen, a former Khmer Rouge cadre, had run since 1985.

The opposition fears the prime minister is using his parliamentary majority – the CPP won 90 of the 123 seats in parliament in elections last year – to destroy fragile institutions that have taken years to build.

“It is not me on trial, but the judiciary of Cambodia that is on trial,” said Mu Sochua.

Cambodian prime minister seems bent on stamping out all opposition to his rule [-Isn't this how dictators behave?]

General Strongman Hun Xen

Human Rights Watch says Hun Sen uses violence, the courts and money to control the nation's political system

July 22, 2009
By Jonathan Manthorpe
Vancouver Sun (BC, Canada)

For 16 years, Cambodia's Prime Minister Hun Sen has worked to dismantle the democratic institutions established by the United Nations in 1993 and to restore the untrammeled power he enjoyed as Vietnam's proxy leader in the 1980s.

Now, it seems, success is within his grasp.

But his dogged determination to root out even the most insignificant and unthreatening pockets of opposition has led to the publication of three critical reports in the past few days.

At least nine journalists, opposition members of parliament, lawyers and government critics have had politically motivated charges of defamation or the dissemination of disinformation lodged against them in the past few months.

This could be said to be a less drastic fate than has befallen Hun Sen's political opponents in the past. Many have been murdered by unidentified gunmen.

A statement a few days ago from the office of the United Nations High Commissioner for Human Rights in Cambodia warned the use of the courts to silence opposition or critical voices "is a serious threat to democratic development which may undermine the efforts of the last 16 years to rebuild a tolerant and pluralistic environment in Cambodia."

In another report, Brad Adams of New York-based Human Rights Watch said: "Through violence, threats and money politics, Hun Sen already controls almost every aspect of Cambodia's politics. Yet his efforts to silence dissent seem endless. Why does he seem to wake up every day looking for enemies to persecute? Will this ever end?"

And the Cambodian Center for Human Rights said in its report, "The actions of the government in the past few months indicate that it is directly and systematically trying to dissolve the main opposition party [the Sam Rainsy Party] by filing unfounded criminal lawsuits against its leaders or forcing its members and supporters to join [Hun Sen's] Cambodian People's Party."

It is a situation full of bleak ironies. Not least of these is that Hun Sen is squeezing the last bit of life out of Cambodia's democratic institutions as, after years of tortuous negotiations, the trials are proceeding of some of the surviving leaders of the Khmer Rouge regime, which murdered about 1.7 million Cambodians in the 1970s.

It was the Vietnamese-led ouster of the Khmer Rouge in 1979 that brought Hun Sen to power.

When he failed to win United Nations-imposed elections in 1993, Hun Sen threatened civil war until he was brought into a coalition with the royalist party government of Prince Norodom Ranariddh.

Hun Sen dissolved that coalition in 1997 by launching a bloody coup, and since then his CPP has won overwhelming majorities in 2003 and 2008 elections.

But these victories do not appear to be complete enough for Hun Sen, whose party now has 90 seats in the 123-seat parliament.

Having disposed of the royalists, Hun Sen has mounted a sustained attack on the main opposition party, named for its leader, Sam Rainsy, which has 26 seats.

Rainsy himself fled into exile in 2005 after accusing Hun Sen of being behind the murder of four Sam Rainsy Party members the previous year. He has returned to Cambodia, but was accused of defamation earlier this year.

Meanwhile, two of Rainsy's members of the National Assembly have had their parliamentary immunity lifted so they can face charges of criminal defamation.

On July 7, the lawyer representing the two Sam Rainsy Party members resigned and defected to the ruling CPP after being sued for defamation by Hun Sen and threatened with disbarment. The parliamentarians have so far been unable to find a new lawyer brave enough to represent them.

In late June, the owner of an opposition newspaper Machas Srok was sentenced to one year in prison on charges of disinformation after publishing articles about government corruption.

The owner of another newspaper, Moneaksekar Khmer, on July 10 closed the paper rather than face criminal prosecution for criticizing government officials.

In an interview with Radio Australia earlier this month, Sam Rainsy Party member of parliament Son Chhay said: "I think we will quiet down for a while. We are not going to raise the issue of corruption. We are not going to speak about land-grabbing. We are not going to talk about the corrupt court system."

jmanthorpe@vancouversun.com

Sacrava's Political Cartoon: The Elastic Law

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

The use and abuse of defamation and disinformation lawsuits dangerously undermine constitutional freedoms of opinion and expression: UN OHCHR

UNITED NATIONS
OFFICE OF THE HIGH COMMISSIONER
FOR HUMAN RIGHTS IN CAMBODIA
No. 10, Street 302, Sangkat Boeng Keng Kang I, Khan Chamcar Mon, Phnom Penh Cambodia
Tel: +(855) 23 987 671 / 987 672 / 993 590 / 993 591 or 216 342 Fax: +(855) 23 212 579 or 213 587
E-mail: cambodia@ohchr.org Website: http://cambodia.ohchr.org

“The use and abuse of defamation and disinformation lawsuits dangerously undermine constitutional freedoms of opinion and expression and democratic development”
says the UN human rights office

A briefing note on freedom of expression, defamation and disinformation

15 June 2009

Since April this year, not less than eight separate criminal defamation and disinformation complaints have been lodged with the Courts by some of Cambodia’s highest public authorities against Government critics. One of them was lodged, not by an allegedly aggrieved individual, but in a generic manner on behalf of “the Government”. These cases are currently under investigation by Phnom Penh Municipal Court Deputy Prosecutor, Mr. Sok Roeun. One of them was adjudicated on 8 June 2009 (see annex for details of these cases).

This recent surge in the use of criminal defamation and disinformation lawsuits filed mostly against politicians, journalists and other persons expressing their views in a peaceful manner on matters of public interest threatens to inhibit what should be a free debate and exchange of ideas and views on these matters. These actions undermine the constitutional freedom of opinion and expression which everyone in Cambodia is entitled to, and which is the cornerstone of the exercise of civil and political rights. The exercise of this right is a significant indicator of the level of protection of and respect for all other human rights in any society. No one should be afraid to express peacefully his or her views, provided this does not infringe on the rights of others. Stifling freedom of expression through the use or the threat of legal action, be it criminal or civil, especially in a context where the courts are vulnerable to executive influence, is a serious threat to democratic development which may undermine the efforts of the past 16 years to rebuild a tolerant and pluralistic environment in Cambodia. The experience in other countries shows that limiting freedom of expression, instead of addressing issues and criticism through discussion and a reasonable debate, not only provokes self-censorship but nurtures fear, frustration and anger, with the risk of leading to further conflict and violence.

At the same time, freedom of expression is not unlimited. It should be exercised in a peaceful manner, with respect towards others and their views, and not in order to advocate violence. International law is clear about the appropriate balance between the rights of free expression and debate on matters of public interest and the protection of individual reputation. Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which is part of Cambodian law, states that any restriction on freedom of expression must be provided for by law, and must be necessary for respect of the rights and reputation of others or for the protection of national security or public order, or public health or morals.

Under international law, it is not sufficient that political debate on issues of public interest is expressed in strong terms, or is perceived as disrespectful of or contrary to Governmental policy, for limits on the exercise of freedom of expression to be legitimate. Open and dynamic debate on issues of public interest is part and parcel of the democratic process. Under the Constitution, the Government is responsible before its citizens for its policies and practices, and these must therefore remain open to public scrutiny, criticism and debate. Around the world, it is increasingly recognised that political debate on issues of public interest must be protected, and that civil rather than criminal law is sufficient to protect individual – rather than Governmental - reputations in the rare cases that these are genuinely infringed upon by political debate.

When investigating the complaints lodged before it, the Municipal Court is under a legal obligation to apply these international standards and to assess each case against them.

In respect of Members of Parliament, international law recognises the special role that they have in the democratic process and in forming public opinion and debate. The very purpose of parliamentary immunity is to enable Parliamentarians to discharge their duties as elected people’s representatives and law-makers without fear of retribution. A Parliament, as the name indicates, is a place in society where issues are discussed. The lifting or immunity, or a threat thereof, for no other valid reasons than to intimidate parliamentarians and stifle political or other debate shows disregard and contempt for open and democratic debate. It should be considered only in the case of the most serious offences.

Pursuing the current complaints may reverse the course of the still fragile democratic development process in Cambodia. The OHCHR recalls the international standards accepted by Cambodia and contemporary best practices with regard to defamation related disputes:

• The filing of criminal complaints in respect of public issues raised in the cases concerned is excessive and unjustified. If individuals disagree in public discussions they should first respond to the substance of the allegations and engage in a fair debate about them. If they feel aggrieved by words pronounced by others, they should resort to civil rather than criminal remedies, as the Cambodian law provides.
• It is important for the protection of the democratic space for public debate that public authorities, politicians as well as members of the public, who participate in these debates, tolerate dissenting views and do not regard them as personal attacks. There is nothing wrong in criticising public policies. This is part of a healthy democratic process and environment.
• It is inappropriate for complaints to be filed in the name of the Government. If individual officials feel aggrieved, the Courts are open to them as individuals. This practice reflects international jurisprudence on this issue and the interpretation of Article 19 of the ICCPR by the United Nations Human Rights Committee, the monitoring body of the ICCPR, which has recommended against the criminalisation of defamation of the Government.
• Any issues arising from journalistic publication of matters of public debate should be addressed as provided for under the Press Law.
• The lifting of Parliamentary immunity, or threat thereof, for intimidation purposes undermines its important value in enabling free discussion of public issues among people’s representatives and law-makers. This practice should cease in respect of defamation and disinformation lawsuits.
• As independent and impartial arbiters of cases before them, judges and prosecutors, as well as professional bodies such as the Bar Association, have a professional duty to treat all cases presented to them in the order they were filed, in an equal, fair and objective manner and apply the law without discrimination or prejudice. This is an essential principle of justice not only to be delivered, but also to be seen as being delivered by all parties and the wider public.
• In 2006, the Government took the important step to remove prison sentences as a sanction for criminal defamation. A further step in strengthening the legal framework for democratic debate would be to remove defamation and disinformation from the new Criminal Code currently under preparation, so that only civil courts may address these issues. This would constitute an unequivocal confirmation of the right of all Cambodians to freedom of expression in accordance with the law and a clear recognition of the value of free democratic debate on issues of public interest, while allowing for the reputations of individuals to be properly protected in appropriate cases through civil actions for damages.

-------------
APPENDIX

Several of the most recent instances of defamation and disinformation complaints:

1. The case of Ms. Mu Sochua against Prime Minister Hun Sen and subsequent complaint by the Prime Minster against her and her lawyer Mr. Kong Sam Onn:

On 27 April 2009, SRP Parliamentarian Ms. Mu Sochua lodged a defamation complaint against the Prime Minister for a speech he made on 4 April 2009, while in Kampot province which is her constituency. In her complaint, Ms. Sochua claims that the Prime Minister defamed her by referring to a female parliamentarian from Kampot who had allegedly embraced a General and then later complained that the buttons of her shirt had come undone. She was allegedly also referred to as having “strong legs”, reportedly a derogatory term in Khmer. While the speech did not mention her by name, Ms. Sochua claimed that she was being referred to.

On 23 April 2009, Ms. Sochua, with her lawyer Mr. Kong Sam Onn held a press conference at her party’s Phnom Penh headquarters where she announced her intention to file a defamation lawsuit against the Prime Minister. Her lawyer reportedly outlined the evidence and the grounds he would use to support her complaint.

On 27 April, the Prime Minister’s lawyer, Mr. Ky Tech, lodged a defamation complaint against Mu Sochua as well as against her lawyer for defaming the Prime Minister by claiming that he had defamed her. In addition, Mr. Ky Tech filed another complaint against Mr. Kong Sam Onn with the Bar Association for allegedly violating the code of conduct of the Cambodian Bar. The Phnom Penh Municipal Court dismissed Ms. Mu Sochua’s complaint on 10 June. The Prime Minister’s case against Ms. Sochua and her lawyer is still actively being pursued with threats made to lift her parliamentary immunity. The Bar Association has also started to investigate alleged ethical misconduct by Mr. Kong Sam On.

2. Complaint of defamation and disinformation against Mr. Hang Chakra, editor of the Khmer Machas Srok newspaper:

On 21 May 2009, the Phnom Penh Municipal Court issued a summon for Mr. Hang Chakra, the editor-in-chief of the Khmer Machas Srok newspaper to appear in court on June 3 for questioning over a disinformation and incitement complaint lodged against him by the lawyer of the Deputy Prime Minister, Mr. Sok An. The complaint reportedly relates to several articles published on April 5 and 7 and 21 May in the newspaper, exposing possible corruption attributed to officials working with Mr. Sok An. (One article is titled “Hun Sen Has Cracked Down on Bad and Corrupt Officials Who Are Working Around Sok An”). The complaint reportedly claims that these articles could affect political stability because they were written about government leaders. According to Mr. Chakra, Deputy Prosecutor Sok Roeun questioned him about the sources of the information for his articles, information Chakra has refused to disclose. Article 2 of the 1995 Press Law allows journalists to protect the identity of their sources.

3. Complaint of disinformation and incitement against Mr. Moeun Sonn, President of the Khmer Civilisation Foundation:

On 2 June 2009, government lawyer Mr. Pol Chandara filed a disinformation and incitement lawsuit with the Phnom Penh Municipal Court against Mr. Moeun Sonn, the president of Khmer Civilization Foundation for allegedly publishing untrue information related to the installation of lights at Angkor Wat, contending that heat emitted from the light installation could damage the temple walls. The government lawyer allegedly accused Mr. Moeun Sonn of using such remarks to defame the Government and to incite persons to think negatively about the Government.

4. Complaint of defamation by Municipal Governor Mr. Kep Chuktema against Mr. Sam Rainsy:

The Governor of Phnom Penh, Mr. Kep Chuktema filed a complaint on 27 May in relation to a speech Mr. Sam Rainsy reportedly gave on 14 May, in which he allegedly claimed that Mr. Kep Chuktema was involved in vote-buying for the CPP prior to the 17 May council elections. To date, Mr. Rainsy has not been summoned to the court

5. Complaint of incitement and defamation against SRP Parliamentarian Mr. Ho Vann:

On 5 June, SRP Parliamentarian Mr. Ho Vann was summoned to the Municipal Court pursuant to a complaint of defamation and incitement lodged against him on 27 April by 22 senior RCAF military officers, who were allegedly offended by a comment Mr. Ho Vann had made related to post-graduate degrees conferred on the RCAF officials by a Vietnamese military institution in April.

6. SRP youth leader sentenced to US$ 1,250 for defamation.

On 6 June 2009, Mr. Soung Sophorn, a 22-year-old law student and local leader of the SRP youth wing was charged, arrested and convicted with defamation within three days and sentenced to pay a 5 million Riels fine for having spray-painted words critical of the Government on the wall of his private house. Mr. Soung Sophorn belongs to one of the hundreds families embattled with the Shukaku company and the Municipality to defend their rights to their lands and housing in the disputed Boeng Kak lake case where 4,000 families are under threat of eviction.

Publisher accused of defamation

Embattled Pro-Sam Rainsy Party newspaper Khmer Machas Srok News on newsstands Tuesday. (Photo by: SOVANN PHILONG)

Wednesday, 03 June 2009
Written by Sam Rith
The Phnom Penh Post

Opposition publisher to face civil and criminal charges during Municipal Court hearing today.

A GOVERNMENT lawyer said Tuesday that he had filed defamation charges against the publisher of a daily Khmer-language opposition newspaper, one week after the publisher received a Municipal Court summons to answer to criminal charges filed in the same case.

Suong Chanthan said he filed the defamation charges against Hang Chakra, publisher of the Pro-Sam Rainsy Party newspaper Khmer Machas Srok News, during a May 21 meeting with prosecutor Sok Roeun, who is handling the case. The civil complaint asks for compensation totalling 10 million riels (US$2,415).

The criminal "false information" charges were filed May 11. According to the Press Law, the court may impose a fine of between 1 million riels and 5 million riels for publishing false information.

Corruption coverage

Hang Chakra told the Post Tuesday that the charges stemmed from three articles - published on April 5, April 7 and May 2 - that he said uncovered corruption on the part of officials working under Deputy Prime Minister Sok An.

Suong Chanthan declined to discuss the details of either complaint in advance of a hearing scheduled for today.

Hang Chakra said he planned to answer to both complaints at the hearing.

"In order to ensure widespread journalistic freedoms in Cambodia, I am going to the court on June 3 to answer to the charges, which are serious," he said. "I hope that the law will protect me."

The Cambodian Human Rights Action Committee issued a statement Tuesday in which 21 NGOs expressed concern about the charges, calling them a "threat to journalists".

Hun Sen determined to silence NGOs

Cambodian PM reiterates his plan to pass new NGO law

PHNOM PENH, Feb. 17 (Xinhua) -- Cambodian Prime Minister Hun Sen has reiterated his commitment to passing a law regulating NGOs(non-governmental organization), national media reported on Tuesday.

Cambodia has become "the heaven of NGOs" and the government will move forward with the law whether NGOs like it or not, English-Khmer language newspaper the Cambodia Daily quoted him as telling an economic conference in Siem Reap on Monday.

"NGOs want the government to be transparent, but is NGO itself transparent? Where do you get the funding? Where do you spend it?" he asked.

The new NGO law is currently debated and expected to be passed by the National Assembly soon. Local media said that it will have more registration and supervision requirements.

Cambodia has around 2,000 NGOs working in various fields to facilitate social works and country development.