Showing posts with label Lack of freedom of press. Show all posts
Showing posts with label Lack of freedom of press. Show all posts

Friday, June 03, 2011

IFEX announces new members including CCHR

FUNDAMEDIOS (Ecuador), IPYS-Venezuela, ADC (Argentina), CCHR (Cambodia), Freedom Forum (Nepal) join the IFEX network
The Cambodian Center for Human Rights (“CCHR”), a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights in Cambodia, is proud to announce that it has been accepted as a member of the International Freedom of Expression Exchange (“IFEX”) a global network of around 90 non-governmental organizations which works to promote and defend the right to freedom of expression.

Please find the full statement announcing CCHR’s membership to IFEX attached as a pdf. It is also available on the IFEX website, to access please click here. For more information, please contact Ou Virak via telephone at +855 (0) 12 40 40 51 or e-mail at ouvirak@cchrcambodia.org.

Warm regards,

CCHR
--
The Cambodian Center for Human Rights (CCHR) is a non-political, 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.

Monday, March 14, 2011

Festival addresses Cambodian repression

Monday, March 14, 2011
By Sarah Mancone
Staff Writer
The Brown Daily Herald

For the event program, click here

In Cambodia, all news is good news. Or at least, all news broadcast in the media is good news. The lack of freedom of the press in Cambodia, Vietnam and other Southeast Asian countries is the topic of this year's week-long International Freedom-to-Write Literary Festival.

The annual festival, started and run by the Program in Literary Arts and International Writers Project, begins on Monday at 4 p.m. in Smith-Buonanno 106 with readings by Vietnamese author Linh Dinh and American playwright David Rabe.

"Every year, we have a fellow running some kind of (International Writers Project) literary festival about the art, culture and politics of that country or region," said Robert Coover, visiting professor of literary arts. "We choose our fellow on basis of need, of threat against him. Sometimes they are in exile," he said.

The festival provides an opportunity to celebrate the fellow and also to "become more knowledgeable about the literature and culture of that nation," as well as the problems of the nation, said Gale Nelson MA'88, assistant director of the literary arts program.

The focus on Cambodia and neighboring countries was sparked by this year's visiting fellow Tararith Kho.

Friday, October 22, 2010

Silence of the dissenters: How south-east Asia keeps web users in line




Vietnam, Burma, Thailand, Cambodia and the Philippines are all moving towards Chinese-style internet censorship

Thursday 21 October 2010
Ben Doherty in Bangkok
guardian.co.uk
Cambodia's government is seeking to monitor all internet use inside the country, by appointing the state-owned telephone company to operate the sole internet exchange.


Websites will be monitored to filter out pornography, officials say, but opponents say sites critical of the government are also likely to be blocked.
Governments across south-east Asia are following China's authoritarian censorship of the digital world to keep political dissent in check, the Guardian can reveal.

Vietnam, Burma, Thailand, Cambodia and the Philippines have all moved or are moving towards monitoring internet use, blocking international sites regarded as critical and ruthlessly silencing web dissidents.

• In Vietnam, the Communist party wants to be your "friend" on the state-run version of Facebook, provided you are willing to share all personal details.

• In Burma, political unrest can be silenced by cutting off the country from the internet.

• In Thailand, website moderators can face decades in jail for a posted comment they did not even write, if the government deems it injurious tothe monarchy.

While much is made of China's authoritarian attitude towards internet access, a majority of south-east Asian governments have similar controls and , rather than relaxing restrictions on internet use, many are moving towards tighter regulation.


The Guardian has spoken to five leading bloggers across the region about the present restrictions they face and future fears.

Raymond Palatino, a Filipino MP and editor with Global Voices, says governments, in addition to crudely blocking websites, are starting to use arguments of morality and decency to censor access to information and quash criticism.

"There is direct censorship to block political dissent. You have repressive laws in Myanmar [Burma], in Vietnam, in Singapore. In fact I think Vietnam is catching up with China in terms of building strong firewalls to prevent dissidents from accessing critical content on the internet.

"But we also see governments using the excuse of protecting the public morality in order to censor internet content. Governments use the excuse of censoring pornography as a safe argument to make censorship acceptable to the public."

More than a decade ago, George W Bush asked people to "imagine if the internet took hold in China. Imagine how freedom would spread". But rather than emerging as a catalyst for democracy, the internet has become another way to to stifle dissent.

Palatino sees governments using the internet for their own selfish advantage. "They are learning how to prevent people for using the internet to criticise government. Instead of being a potent tool for empowering the people, the internet will be in the hands of an authoritative, repressive government."

With a population of more than 600 million, south-east Asia has about 123 million internet users. But penetration ratesvary from 0.2% in Burma and Timor-Leste to more than 80% in Brunei Darussalam and 77% in Singapore. But south-east Asian use is still dwarfed by China's384 million users.

In the Philippines, cybercrime legislation before the parliament would outlaw anything deemed obscene or indecent. Palatino says: "The laws are deliberately broad and vague so they can be used to shut down anything subversive."

Cambodia's government is seeking to monitor all internet use inside the country, by appointing the state-owned telephone company to operate the sole internet exchange.

Websites will be monitored to filter out pornography, officials say, but opponents say sites critical of the government are also likely to be blocked.

In Thailand, century-old lese-majesty legislation is combined with new computer-related crime laws, to mute criticism on the web.

Lese-majesty laws – defaming the monarchy - are imposed inconsistently in Thailand, but wielded often enough, and against defendants of sufficient profile, to stifle almost any discussion of the monarchy's role in a country riven by political factionalism. Chiranuch Premchiaporn, the editor of Thailand's English-language news website Prachatai.com, faces up to 70 years in jail for allowing the monarch to be insulted online.

The charges relate to five of 200 comments posted about an interview with a Thai man who was charged for refusing to stand for the anthem in a theatre.

Premchiaporn, known as Jiew, did not write the comments, and pulled them from the website but, according to police, allowed them to stay up ''longer than the appropriate period'', a period never defined by authorities before or since the charge.

Now on bail, the prospect of jail weighs heavily on her. "And it isn't just about 'Oh, how long I will have to spend in the cell', my whole life is uncertain. I cannot plan my life because of this legal charge, it makes everything hard."

Thailand's strict laws, and harsh punishments, have had a chilling effect on political discussion on webboards and blogs.

"I think the biggest problem in Thai media is self-censorship … but we started Prachatai for the ideals of believing in the rights of people to access information … from many sources and not be dominated by just one source," Jiew says.

Prachatai is blocked in Thailand, under order of the emergency decree after the red-shirt uprising of May. It is one of more than 100,000 websites blocked in the country. "We want to promote the rights of the people to speak up about their issues, not just only people who have a big name, or who are important in government."

In Vietnam, web-users can become "friends" with their communist government, joining the country's own version of Facebook. A trial version of go.vn was launched in May. A full version is expected online by the end of the year.

The functions are familiar to those versed in social networking. Users can update their status, post photos and links, and send messages back and forth.

There are news links, historical articles on founding father Ho Chi Minh and other revolutionary heroes, and members can also play state-approved network games (in one particularly violent example, players join a band of militants sworn to fight the spread of global capitalism).

The site is closely monitored by the government's security services, and while, for many, the attraction of the internet lies in its anonymity, to join go.vn users must submit their full names and state-issued identity numbers to the government.

The Vietnamese government says it expects to have 40 million members, half the country, in five years. Perhaps because web dissidents are dealt with so ruthlessly by the communist regime – four bloggers were recently jailed for 16 years for anti-government posts – five months on, take-up of go.vn is a bare few thousand.

Burma has one of the poorest records on internet freedom in the region.

All .mm sites and email addresses are closely monitored by the ruling military junta, and international sites banned, but the tiny internet cafes that dot the former capital, Yangon, are adept at bypassing the government's firewalls, using proxy servers to evade the censors and access banned sites.

Outfoxed on technology, the junta responds during times of stress by simply unplugging the internet, especially to stop unwelcome news getting out of the country.

At the height of the monk-led Saffron Revolution in 2007, the junta's generals shut down access completely, later claiming a break in an underwater cable had cut the country off.

With Burma heading towards its first elections in a generation early next month, and the anticipated release of political prisoner Aung San Suu Kyi a week later, there is an expectation the web blackout may be repeated.

Friday, October 15, 2010

Ex-Chinese Officials Join in Call for Press Freedom [-A wake up call for the communist in power in Phnom Penh also?]

October 13, 2010
By MICHAEL WINES
The New York Times

BEIJING — A group of retired Communist Party officials and intellectuals issued an unusually blunt demand on Tuesday for total press freedom in China, stating that the current climate of censorship and government control of the press violated China’s Constitution and debased the government’s claim to represent its citizens.

The document’s 23 signers, including academics and former executives of China’s state-controlled media, have no public influence on the nation’s ruling coalition of Communist leaders. Some of them have issued other public demands for reform in past years, to no effect.

Still, the baldness of their message — and its timing, coming days after the jailed intellectual Liu Xiaobo was awarded the Nobel Peace Prize and shortly before a major annual meeting of party officials — signaled that not all in the ruling establishment were content with the steadily tightening control over expression in the final years of President Hu Jintao’s and Prime Minister Wen Jiabao’s leadership.

Their letter’s unvarnished language was notable for including an undisguised attack on the legality of censorship by the party’s Central Propaganda Department, which ultimately controls much of what is published, broadcast or posted on the Internet here.


“This is an invisible black hand,” the signers wrote of the department, according to an English translation published by the China Media Project at the University of Hong Kong. “For their own reasons, they violate our Constitution, often ordering by telephone that the works of such and such a person cannot be published, or that such and such an event cannot be reported in the media. The officials who make the call do not leave their names, and the secrecy of the agents is protected, but you must heed their phone instructions.”

The writers’ “core demand,” they stated, was that China’s ineffectual legislature, the National People’s Congress, dismantle censorship procedures “in favor of a system of legal responsibility” for items that are freely published.

Some experts said that the demands, which were quickly squelched by censors after being posted on the Internet, were unlikely to have a serious impact on government policies.

“To the extent that people will learn about this letter, it resonates, because it shows there are different sensibilities within the party,” Nicholas Bequelin, a Hong Kong-based researcher for the advocacy group Human Rights Watch, said in an interview. “But it does not, on the political level, alter the balance.”

Although the open letter carries a date of this Monday, it is unclear whether the award of the Nobel Prize to Mr. Liu three days earlier had any influence on its content or release. Mr. Liu is not mentioned in the document, and in interviews, some of those involved with the letter said it had been largely written before the prize was announced.

It was primarily drafted by Xin Ziling, a onetime director of the editorial desk at the National Defense University of China, according to the wife of the most prominent signer, Mao’s former personal secretary, Li Rui. A second drafter was Tie Liu, editor of the privately published magazine Wangshi Weihen, or Scars of the Past, another signer, retired publisher Yu Haocheng, added.

Their motivation apparently was the case of a journalist, Xie Chaoping, who was arrested in August by Shaanxi Province police officers after publishing a book, “The Great Migration.” Among other things, the book documents years of forced relocations of local residents to build a dam in the 1950s, and accuses local officials of later embezzling funds meant to assist the relocation.

Mr. Xie’s case, which is referred to in the open letter, has become something of a rallying cry for press freedom among Chinese intellectuals. He was freed on bail last month.

The letter also refers to recent statements by Prime Minister Wen, including an interview with CNN, which suggest that the nation’s economic progress may be squandered unless the political system is further reformed. At one point, the letter notes that even those comments have been censored inside China, and that official reports on his remarks include only his statements on topics that do not involve reform.

“Of course, from our perspective the letter in a way is reacting to Premier Wen’s calls,” one signer, Jiang Ping, the former president of the China University of Political Science and Law, said in a telephone interview. “But whether the things we are calling for are consistent with what he has in mind, I don’t know.

“The reason I signed my name to this open letter is that it’s high time now we should have reform of the political system. The key element of this reform is freedom of speech, and I think now is the time to seek these reforms.”

Jonathan Ansfield and Li Bibo contributed reporting.

Friday, April 30, 2010

Radio Free Asia Responds to Freedom House's Media Freedoms Survey

Cambodia's ranking as a repressor of free press jumped up six places, after the recent spate of criminal disinformation lawsuits by Cambodian government officials against reporters, editors, and publishers to silence voices of opposition
April 30, 2010
Source: Radio Free Asia

All six RFA broadcast countries 'Not Free': Report

Today, Radio Free Asia President Libby Liu responded to the findings released in the Freedom House's 2010 Freedom of the Press survey that classified all six RFA target countries as "Not Free."

"This year's edition of Freedom House's Freedom of the Press survey is an urgent reminder of the need to empower citizens in Asian countries that limit free speech and free media," Liu said. "Despite recent economic gains, media freedoms throughout Asia have continued to decline and worsen, as confirmed in this index.

"It is especially important for Radio Free Asia to keep carrying out its mission to provide its listeners with timely, reliable information and news happening within Asian countries that lack free media."

Liu participated in Freedom House's release of its annual report at the Newseum as moderator of a panel of distinguished experts, including Bob Boorstin of Google, Frank Smyth of Committee to Protect Journalists, and Chris Walker and Karin Karlekar of Freedom House. Freedom House's comprehensive report, which examines the media environment in 196 countries and territories, cites the governments of all six countries into which RFA's nine language services broadcast - China, North Korea, Burma, Laos, Vietnam, and Cambodia - as actively taking steps to censor news and information in print, on television and radio, online, and throughout all new media formats. These countries' governments also intimidate and harass reporters, prevent public access to uncensored news and information, and restrict media freedoms in general, earning the survey's designation of "Not Free."

Most global press freedom rankings of RFA's target countries remain consistent with previous surveys, with North Korea ranked at the top as the world's worst free media environment. Notably, however, Cambodia's ranking as a repressor of free press jumped up six places, after the recent spate of criminal disinformation lawsuits by Cambodian government officials against reporters, editors, and publishers to silence voices of opposition.

Radio Free Asia is a private, nonprofit corporation broadcasting and publishing online news, information, and commentary in nine East Asian languages to listeners who do not have access to full and free news media. RFA's broadcasts seek to promote the rights of freedom of opinion and expression, including the freedom to "seek, receive, and impart information and ideas through any media and regardless of frontiers." RFA is funded by an annual grant from the Broadcasting Board of Governors.

Tuesday, April 20, 2010

Opposition editor freed, pledges to continue fight for press freedom


19 April 2010
Reporters Without Borders

Reporters Without Borders welcomes the release of Hang Chakra, the editor of the opposition daily Khmer Machas Srok, after ten months in prison on a charge of disinformation. He was freed under a royal pardon to mark the Khmer New Year.

“Deputy Prime Minister Sok An is directly to blame for Hang Chakra’s long imprisonment and the deterioration in his health,” Reporters Without Borders said. “We reiterate our request to Prime Minister Hun Sen to respect his promise to ensure that journalists will no longer be jailed in Cambodia.”

Since his release from Prey Sar prison on 13 April, Hang Chakra has been undergoing medical tests. His family says his problems with his lungs, eyes and bladder got worse after his arrest in June 2009. A Reporters Without Borders representative visited him in prison in December.

“It is incredible to be freed the day before the Khmer New Year and I am really happy to be reunited with my family,” Hang Chakra said in a statement to the press. He announced that he planned to resume editing his newspaper very shortly.

In a message to Reporters Without Borders, he thanked all those in Cambodia and abroad who requested his release.

More information about Hang Chakra:
http://en.rsf.org/cambodia-newspaper-editor-jailed-under-law-30-06-2009,33648.html

More information about press freedom in Cambodia:
http://en.rsf.org/spip.php?page=article&id_article=36496

Friday, August 14, 2009

Conviction 'blow to Cambodia media freedom'

Hang Chakra (Photo: Sok Serey, RFA)

Friday, August 14, 2009

Liam Cochrane
ABC Radio Australia


The conviction of a newspaper editor in Cambodia this week over articles inquiring into government corruption will increase the control of the ruling Cambodian People's Party's over the media, observers say.

The Phnom Penh Appeal Court upheld a criminal conviction on editor Hang Chakra.

Chakra looks set to spend a year in jail on charges of disinformation after publishing articles earlier this year alleging widespread corruption by officials working for Cambodia's deputy Prime Minister, Sok An.

Rights group Human Rights Watch and non-government agencies say the verdict is the latest in a series of legal attacks against critics of the government.

Defamation charge

Moeun Chhean Narridh, director of the Cambodian Institute for Media Studies, told Radio Australia's Connect Asia Chakra is the editor-in-chief of Khmer Majest Throp newspaper, an opposition-aligned publication.

"He was charged with damaging the national interest, as well as defaming the Council of Ministers."

Kathleen O'Keefe, co-founder of the Phnom Penh Post and a media trainer, said: "What we are seeing is that the judiciary is increasingly being used to attack anybody who expresses dissenting opinion.

"It's really part of a larger attack or larger crackdown on free expression, which has been intensifying since 2005."

Ms O'Keefe believes the conviction will have a major impact on the media, "particularly in the wake of last year's assassination of a journalist in Phnom Prenh just before the elections, (which) sent a resounding message to the entire press corps that they should think very, very carefully before writing anything."

In July last year, journalist Khim Sambor - a contributor to another paper alligned to the opposition Sam Rainsy party - was riding on a scooter with his 21-year-old son when two men on a motorcycle shot him dead and fatally wounded the son.

Important

Ms O'Keefe said: "I think the Chakra case, it's very important, because it notes regression of freedom of expression. This is the first time in many, many years that a journalist has not only been imprisoned, but he's tried and convicted on criminal charges.

"Until recently, we were moving away from killing journalists in the streets and putting them in jail."

Continuing critical comments about the media were more intimidation "but they were less violent. So what we are doing is returning to the violence and the imprisonment of media".

Narridh said the present environment confirmed to Cambodian journalists that they "have to exercise censorship by refraining from reporting on controversial or sensitive issues related to corruption, land grabbing or injustice committed by rich businessmen or high-ranking officials.

"So even the usually outspoken opposition newspapers have now tried to keep a low profile," the media studies head said.

Wednesday, July 22, 2009

Leading [Pro-CPP] Editor Cautiously Lauds Media Environment

Pen Samithy, editor of the pro-CPP Rasmei Kampuchea newspaper

By Sok Khemara, VOA Khmer
Washington
21 July 2009


A leading newspaper editor cautiously praised Cambodia’s media environment Monday, saying the press is faced with “legal action” but not “violence” as in other countries.

Pen Samithy, editor-in-chief of the Reaksmey Kampuchea, a leading daily newspaper, was reacting to the closing of Moneaksekar Khmer, an opposition paper, after its editor was charged with defamation.

“The situation today is that some newspapers are getting sued and some journalists are in jail, and some are solving their own issues,” he said, as a guest on “Hello VOA.”

While Dam Sith, editor of Moneaksekar Khmer, was able to avoid potential jail time by closing his opposition-aligned newspaper, following defamation and incitement accusations by the government, one of his colleagues, Hang Chakra, chief of the Khmer Mchas Srok newspaper, is serving a 12-month prison sentence on similar charges.

Pen Samithy said that all countries, including the US, have defamation cases, so a journalist must be independent and cautious with the dignity of people.

The editor acknowledged regret that the murderers of another opposition journalist, Khim Sambo, who was gunned down ahead of the 2008 general election, have not been caught—the 11th killing of a journalist to go unsolved since 1994.

Meanwhile, Cambodian media suffers a ranking of “not free,” according to the global media monitor Freedom House.

Friday, July 10, 2009

"...this is the beginning of the end for press freedom in Cambodia": Director of the Cambodia Institute for Media Studies

Editor pleads for PM's pardon

Friday, 10 July 2009

MEAS SOKCHEA and SEBASTIAN STRANGIO .
The Phnom Penh Post


OPPOSITION newspaper publisher Dam Sith has issued a "sincere apology" to Prime Minister Hun Sen after a government lawyer filed defamation, disinformation and incitement lawsuits against him at Phnom Penh Municipal Court on Tuesday.

In a letter dated Wednesday, Dam Sith apologised to the prime minister for "serious mistakes" committed while at the helm of the opposition-aligned Moneaksekar Khmer, pledging to cease publication of the newspaper if he receives a pardon from Hun Sen.

"In the past, I repeatedly failed to act properly and seriously affected the honour of Samdech [Hun Sen] and the CPP leadership through my Moneaksekar Khmer newspaper," Dam Sith wrote.

"I am asking for the highest permission of Samdech to forgive me so that I can escape the court charges against me."

He added: "In exchange for the generosity of Samdech and the CPP leadership, I promise to discontinue the publication of Moneaksekar Khmer after I receive a pardon from Samdech."

Dam Sith received a summons Tuesday from Phnom Penh Municipal Court Deputy Prosecutor Sok Kalyan, asking him to appear July 14 for questioning over a series of articles published in the newspaper earlier this year.

Sok Kalyan declined to comment when contacted on Thursday. But Long Dara, the government lawyer who filed the lawsuits, said the letter had reached Hun Sen, who ordered him to withdraw the complaints against the publisher.

"He has written a letter of apology acknowledging the mistakes he has made.... We will drop the complaint today [Thursday]," he said.

He said that since February, Moneaksekar Khmer had continually published articles that sought to "incite" conflict between government leaders.

Sam Rainsy Party lawmaker Eng Chhay Eang said he was unsurprised by Dam Sith's appeal to Hun Sen and did not blame him for requesting a pardon.

"The government is now using the court to silence freedom of expression. We are not disappointed with [Dam Sith] - we have pity on him," he said.

'Critical phase'

But following the apology, and subsequent pardon, of Sam Rainsy Party lawyer Kong Sam Onn on similar charges Tuesday, civil society groups say the country is entering a critical phase in its democratic development.

Kong Sam Onn had filed a defamation lawsuit against Hun Sen on behalf of SRP lawmaker Mu Sochua in April, prompting accusations of professional misconduct by the Cambodian Bar Association and a defamation lawsuit from government lawyers.

"I think this is the beginning of the end for press freedom in Cambodia," said Moeun Chhean Nariddh, director of the Cambodia Institute for Media Studies.

He also expressed fears the fate of Moneaksekar Khmer - one of only two opposition newspapers in Cambodia - could parallel the fate of former opposition newspaper Sralanh Khmer, which went over to the ruling party after its editor Thach Keth defected to the government in 2006.

He said, "If the editor-in-chief has apologised to the government, it is very likely he will receive a pardon from the prime minister and then either the newspaper will be shut down or it will [start] publishing as a pro-government newspaper."

Ou Virak, president of the Cambodian Centre for Human Rights, also highlighted the Sralanh Khmer situation, but said that civil society activists were unsure about when the current crackdown will end.

"It's a growing concern that any of us could be charged and potentially thrown in jail or be pressured to join the CPP," he told the Post.

"That would be a new low, a terribly new low. The question is when it will reach the point of no return."

Hun Xen's rule by threat and coercion: Moneaksekar Khmer ends its publication

Friday, July 10, 2009
Everyday.com.kh
Translated from Khmer by Socheata

Moneaksekar Khmer, the pro-opposition SRP newspaper, ended its publication after Dam Sith, its editor-in-chief, issued a statement promising to end the newspaper publication. On Friday, along the various kiosks selling newspapers, the Moneaksekar Khmer cannot be seen on display as usual. In the statement Dam Sith issued on Thursday, Dam Sith declared his support for Hun Xen’s policy. Dam Sith’s change of heart took place in his apology letter to Hun Xen and he asked Hun Xen to help him escape the court charges. This request for Hun Xen’s forgiveness took place after the Phnom Penh municipal court issued a summon asking him to come to court on 14 July to clarify the lawsuit brought up Hun Xen’s government lawyers. Dam Sith’s apology letter diffused a tense situation.

Court Calls in Another Editor for Questions

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
09 July 2009


A second opposition newspaper editor was issued a subpoena Wednesday, to answer questions on a number of criminal charges, just one week after the jailing of his colleague.

The subpoena calls for Dam Sith, editor of Moneaksekar Khmer, to appear in court July 14, for questioning in a government lawsuit for defamation, insult, disinformation, incitement and a “breaking of solidarity.”

Dam Sith was briefly jailed in a lawsuit brought by Foreign Minister Hor Namhong last year, after publishing remarks by opposition leader Sam Rainsy implicating the minister in the Khmer Rouge.

Dam Sith told VOA Khmer Wednesday he received the summons June 29.

“Until this time, I did not know that government sued me for any articles, and I am looking for lawyer to defend my case,” he said.

Long Dara, a government lawyer, said Dam Sith was being sued for 18 articles written between February and May, “published to incite a conflict among senior government officials without fact.”

The articles were over the appointment of Gen. Pol Saroeun to commander-in-chief of the Royal Cambodian Armed Forces, as he replaced Gen. Ke Kim Yan.

“We have much evidence to sue Dam Sith in these cases,” Long Dara said.

“These articles attacked the government and incited to have conflict and a break-up of internal government solidarity,” he said. “In the lawsuit, we site penal charges relating to articles 60, 61, 62, and 63 in the 1992 penal code.”

The case comes in the wake of a yearlong prison sentence for another opposition journalist.

Hang Chakra, chief of the Khmer Mchas Srok newspaper, was imprisoned and fined after publishing reports in April and May that implicated Council Minister Sok An in corrupt practices.

“I would like to call for the court to seriously investigate and to request the court use the media law to sentence or to have a hearing for Dam Sith’s case,” Um Sarin, president of the Cambodian Association for Protection of Journalists, said Wednesday.

Thursday, July 09, 2009

Cambodian Opposition-affiliated Journalist Jailed for Disinformation

July 9, 2009
Source: Licadho

On June 26, 2009, opposition-affiliated Khmer Machach Srok newspaper director Hang Chakra was convicted in absentia of disinformation, sentenced to one year in prison, and fined 9 million riel (USD $2,250). Hours later, Hang Chakra was arrested in Cambodia's Northeast Battambang province and taken to Prey Sar prison.

Hang Chakra had originally been summoned to the Phnom Penh Municipal Court on June 3 to answer questions regarding controversial articles published in his newspaper. During Chakra's interview, details of informants inside the Council of Ministers who were the source for the stories remained anonymous with Hang Chakra refusing to identify them to the court, as allowed under Article 2 of the Press Law.

His questioning came after the government filed a complaint in response to the articles published by Khmer Machah Srok in April and May 2009 about Senior Deputy Prime Minister Sok An, also head of the Council of Ministers.

The articles in question detail the alleged demotion and firing due to corruption of officials who worked with Sok An in the Council of Ministers. Upon filing the complaint, the government claimed that the articles could affect political stability in the country.

This was not the first time that Hang Chakra and his newspaper, one of the few media outlets not controlled by the ruling party, have come under fire from the government in recent years:
  • In July 2008, an opposition defector and government advisor Sok Pheng threatened to sue Hang Chakra after the paper published an article alleging that Sok Pheng was involved in corrupt activities.
  • In January 2008 Hang Chakra was questioned by the Phnom Penh Municipal Court after Minister of Commerce Cham Prasidh filed a defamation lawsuit against him in relation to an article that alleged Cham Prasidh had had an extramarital affair.
Restricting Freedom of Expression

The government and the courts have been criticized repeatedly for resorting to the use of defamation and disinformation charges under the UNTAC Criminal Code (Articles 63 and 62, respectively) to restrict the freedom of expression. Courts' judges also continue to ignore the more recent 1995 Press Law, a civil law that was specifically enacted to regulate the print media; it contains less severe penalties than the UNTAC Criminal Code and offers the media some protections.

Although in May 2006 the UNTAC Criminal Code was amended to remove prison sentences for the charge of defamation after broad national and international pressure. It however still remains a criminal offense for which suspects can be arrested: a person convicted of defamation may still be imprisoned should they be unable to pay the fine, which can be as high as 10 million riel (USD $2,500) – a sum most Cambodians would have little hope of being able to pay.

After the amendment to the UNTAC code, the courts favored disinformation over defamation against government critics, the former still leading to imprisonment. While disinformation requires a high standard of proof – requiring the prosecution to prove that false information is published with malicious intent and poses a real threat to public peace – the reality is different and the courts freely convict journalists with little or no evidence when asked to do so.

LICADHO urges the government to remove both criminal defamation and disinformation charges entirely from the UNTAC Criminal Code as well as insuring the absence of such charges in the new draft of the Criminal Code currently before the National Assembly.

The government is also urged to cease pressuring the courts to restrict the freedom of expression in Cambodia. In particular, the court needs to cease its misuse of the UNTAC Criminal Code in favor of the Press Law to prosecute members of the media, and to do so independently.

As the Cambodian Constitution guarantees, all Cambodians have the right to express their opinions and to freely participate in debate about government policies and practices.

Tuesday, February 03, 2009

Human rights severely neglected in Cambodia in 2008, report says

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

Tue, 03 Feb 2009
DPA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Government spokesmen were unavailable for comment on Tuesday.