Politically motivated intimidation and imprisonment of editors, reporters and human rights defenders continue in Cambodia: SEAPA

SEAPA outlines press freedom battles for 2010

2010-01-28
EM News

The Southeast Asian Press Alliance (SEAPA) released a new report covering press freedom vulnerabilities throughout the region. After the chairmanship of the Association of Southeast Asian Nations (ASEAN) shifts from Thailand to Vietnam in 2010, its approach to press freedom will have a crucial influence on issues like impunity, election coverage and access to the Internet, says the report.

Struggles faced by journalists and media workers in Southeast Asia in 2009 continue. The massacre of 32 journalists last November in the Philippines was the most vicious example of a culture of impunity that exists throughout the region. Journalists also suffered from physical threats, imprisonment and legal harassment, while national security laws are being used as an excuse to curb free speech and defamation remains a criminal offense.

The report, "Southeast Asia's Press Freedom Challenges for 2010", provides country profiles detailing the free expression battles that lie ahead. Burmese media must be able to provide independent coverage of upcoming elections to educate Burmese citizens and to monitor the integrity of the polls, says the report. In Cambodia politically motivated intimidation and imprisonment of editors, reporters and human rights defenders continue. Religious tensions in Malaysia are being used as an excuse to restrict press freedom and Internet access.

Vietnam's repression of dissent and arrest of journalists and bloggers in 2009 takes on greater significance as it heads up ASEAN this year, says the report. The country gets some credit for discussions with international organisations, including London-based ARTICLE 19, on increasing its citizen's access to information. But the recent harsh prison sentence for human rights defender and lawyer Le Cong Dinh sets a different tone for its approach to free speech. At least 12 Vietnamese bloggers were arrested in 2009. The state has also criminalised peaceful dissent which it sees as anti-governmental activity.

Last year's formation of the ASEAN Intergovernmental Commission on Human Rights (AICHR) has created a platform for free expression advocates to challenge authorities. However, Vietnam's leadership of AICHR is being questioned by rights activists throughout the region, says the report.

[Southeast Asia] Region's media under threat

25/01/2010
Achara Ashayagachat
Bangkok Post
HUMAN RIGHTS

"...the vulnerability of writers, lawyers and opposition legislators in Cambodia would continue to be flashpoints in 2010" - SEAPA

Southeast Asian media and human rights activists are being increasingly ostracised and threatened, both legally and physically, according to the Southeast Asian Press Alliance (Seapa) annual report.

Journalist killings in 2009 illustrate the vulnerability of the press in Southeast Asia, particularly the November massacre in Maguindanao, Philippines, which claimed the lives of 31 journalists, Bangkok-based Seapa said in a statement released at the weekend.

The group said journalists are being physically threatened in Indonesia and Thailand, ostracised and demonised in Burma and Vietnam, and imprisoned, detained and harassed everywhere, from East Timor to Malaysia and Singapore.

Lawyers and human rights advocates working to defend journalists are also being arrested and harassed in Vietnam, Burma, Cambodia, Singapore and the Philippines, Seapa said.

Coming elections in Burma, violence over the use of the word "Allah" in Malaysia and the vulnerability of writers, lawyers and opposition legislators in Cambodia would continue to be flashpoints in 2010, the group said.

National security laws hinder the work of journalists in Malaysia, Singapore, Vietnam, Laos and Burma.

Defamation remains a criminal offence throughout the region. Lese majeste laws and internet crackdowns have suppressed media reports, commentaries and speech, limiting the debate on matters of public interest in Thailand, Malaysia, Indonesia and Singapore, the statement said.

Threats against the press come not only from the state but also non-state actors driven by religious, ethnic, cultural and political intolerance, it added.

Critics say Cambodia's new penal code a threat to free expression

16 October 2009
Southeast Asian Press Alliance (SEAPA)

Civil society groups and opposition lawmakers in Cambodia expressed concern that the newly-passed penal code would pose a threat to free expression.

The Cambodian Center for Human Rights (CCHR) said the new criminal code's provisions for defamation "jeopardize the constitutionally guaranteed right to freedom of expression" and called on the government to bring the new law into line with international standards.

The National Assembly passed the law on 6 October 2009, with the provisions on free speech passed by a vote of 82-21.

CCHR said defamation remains a criminal offense, despite Prime Minister Hun Sen's pledge in 2006 to decriminalize it.

Though the penalty for defamation is between 100,000 and 10 million riels (US$24 and $2,394)—lower than those in the 1992 UNTAC Law—MP Mu Suchoa from the opposition Sam Rainsy Party said that ordinary people will be at the receiving end of the law's penalties.

"Powerless people will be vulnerable under the new penal code whenever they speak out concerning land disputes, legal issues or corruption," she said.

Also, the CCHR described as "excessively harsh" the penalties for the provisions concerning free expression. It said the penalty for attempts to commit a crime and for commission of the crime are the same.

It also criticized the penalty of preventing one from practicing his profession. "Such a provision can only serve to deter open and free debate," CCHR said in a statement.

The "Phnom Penh Post" also quoted Ny Chakrya, head of monitoring for the rights group Adhoc, on his thoughts about the new law.

"Those of us who are members of the civil society community are very concerned about how limitations on freedom of expression will affect our advocacy work when we criticise government institutions and government officers," he said.

The CCHR also aired its concern on the vague and ambiguous terminology in the Penal Code that "creates a lack of clarity in the law, leaving it open to judicial interpretation and potential abuse."

In an interview with the "Phnom Penh Post", Mu Suchoa said that the administration lawmakers have pushed through with the passage of the law with its questionable provisions in order to protect themselves from allegations of corruption and restrict the activities of the opposition.
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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.

Civil society groups in Cambodia to form media defense network

29 September 2009
Source: SEAPA

Several civil society groups in Cambodia are planning to organize a media defense network that would provide legal aid to journalists, media reports said.

According to "The Cambodia Daily", Ou Virak, director of the Cambodian Center for Human Rights, said on 28 September 2009 that their organization is teaming up with the Legal Aid of Cambodia, Cambodian Justice Initiative, Cambodian Association for the Protection of Journalists, and the Cambodian Center for Independent Media, in establishing a network of lawyers that would help defend journalists in court.

On 22 September, "The Cambodia Daily" editor-in-chief Kevin Doyle and reporter Neou Vannarin were each fined US$1,000 by the Phnom Penh Municipal Court for defaming a group of military officers.

On the other hand, "Rasmei Kampuchea" and "Kampuchea Thmei Daily" issued apologies in July this year after the government filed charges against them.

In the same month, "The Moneaksika Khmer" was ordered shut down in return for the dropping of charges against its publisher, Sam Dith.

"Khmer Machas Srok" editor and publisher Hang Chakra, meanwhile, was sentenced to a year's imprisonment.

Opposition leader Sam Rainsy on 22 September lambasted PM Hun Sen's government for silencing critics. Rainsy, along with Duong Hak Sam Rithy, CAPJ vice president, spoke in a SEAPA-organized panel discussion in Bangkok on the media situation in Cambodia.

Virak admitted that forming such a group is challenging because there are not many lawyers keen on defending journalists in court and only a few are familiar with media laws.
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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.

Sam Rainsy rejects the clarification issued by the Council of Ministers regarding his press conference in Bangkok

25 September 2009
The Phnom Penh Post
Translated from Khmer by Socheata
(Comments by Angkor Borey, the Voice of Cambodians Overseas)
Click here to read the article and comments by Angkor Borey in Khmer

The opposition leader rejected the clarification issued by the Press and Quick Reaction Unit (PQRU) of the Council of Ministers which was distributed on Wednesday. The PQRU clarification indicated that he used the forum organized by the Club of Thai Journalists in Bangkok to indicate that the Cambodian government leader, Mr. Hun Xen, was a former Khmer Rouge leader.

SRP leader Sam Rainsy, who returned from overseas in the evening of Tuesday, told The Phnom Penh Post on Thursday that he recognized that he held a press conference in Bangkok, and that he also raised the issue of a number of Cambodian government leaders who were former Khmer Rouge cadres who still maintain their old mentality. However, Sam Rainsy said that he did not name PM Hun Xen as it was indicated in the clarification issued by the Council of Ministers’ PQRU (Angkor Borey Note: This is a lesson for Hun Xen, or [it can be considered as] stuffing Hun Xen’s words back into his mouth for his rude and mocking speech against Mrs. Mu Sochua without pointing out her name in Kampot. Hun Xen’s tactics led to a dispute that reached the court recently).

Sam Rainsy said: “I said that a number of leaders in the current government were former Khmer Rouge, they were at least regional cadre leaders, and they still maintain their old mentality and they still use violence, repression to shut down all types of freedom. I was speaking in general terms, I did not name any individual at all.”

Sam Rainsy added that he is not concerned about any lawsuit due to the issues he raised, but he asked that the information should not inflated, nor should it be added to other issues that could lead to lawsuits.

Nevertheless, the PQRU clarification indicated that, under the Pol Pot regime, PM Hun Xen was a victim who fled the Khmer Rouge killing pursuit, and he joined other Khmer VIPs to form the 02 December front to help liberate the people from the killing field, this is contrary to the accusations made by opposition leader. (Angkor Borey Note: In order to clearly learn whether Hun Xen and a number of other leaders in the current regime were former savage and cruel Khmer Rouge who committed the killing of Cambodians or not, please read our article titled: “Mystery of the Khmer Rouge leaders who now hold the Samdach titles” published in Article No. 760, dated 20 May 2009 and authored by Mr. Cheat Hungsa. In addition to the translation of Mr. Thach Saren’s letter sent the Washington Post newspaper recounting the cruelty of the current CPP leaders (Hun Xen is included among them also) and how his family was subjected to this cruelty, Mr. Cheat Hungsa also quoted Hun Xen criticizing former PM Pen Sovann. This quote was excerpted from a RFA broadcast on 23 December 2008, the essence of Hun Xen’s speech is as follows: “There was a guy who claims to be the father of 02 December, the father of 07 January, he said that I was his foot soldier. This guy strutted around in Phnom Penh the other day, I looked at him saying that he was the father of 07 January, the father of 02 December. Since mid-1977, I was the biggest leader along the eastern shore of the Mekong River. I built up a lot of troops already. Therefore, there was nobody else bigger than me. This guy, from what I know, he was only a lieutenant in the Vietnamese army, and he considered himself as my chief, then he went on to shout on the fly hive or beehive radio station and such. So, I want to tell this fellow, please be considerate … if you lie, lie with modesty … give a decent lie … I don’t need to reveal his name … in Khmer, he is called the liar-in-chief” (sic). In this regard, we believe that Hun Xen forgot that he was a “former Khmer Rouge leader” also and he even forgot that he was a “Yuon puppet” as well. If Pen Sovann was “Yuon”, doesn’t that makes Hun Xen an “absolute Yuon lackey”?).

It should be noted that the publication of the PQRU clarification was made following the declaration made by Mr. Sam Rainsy at a forum organized by the Thai Club of Journalists (FCCT) in Bangkok last Tuesday. Sam Rainsy indicated that political activists and village chiefs were killed or jailed, and they were forced to hide themselves because they do not support the ruling party. He indicated also that these various problems take place because a large number of Cambodian leaders were former Khmer Rouge leaders. He told the Thai media network that: “They still adhere to the Khmer Rouge ideals, they do not tolerate critics, and they do whatever it take to destroy their enemies, either by killing them or silencing the critics.”

Phay Siphan, spokesman for the Council of the Ministers, immediately rejected the issues raised by Sam Rainsy and he claimed that Sam Rainsy’s accusations were baseless. (Angkor Borey Note: Prior to joining the CPP, Phay Siphan was a renown anti-communist. Following his expulsion from his senate seat by the CPP, this same Phay Siphan went around criticizing the CPP all over Long Beach. But now, when he is turning into the “handyman” spokesman for Sok An, even for the dirty laundry affairs of Svay Sitha, Phay Siphan would come out to act as the latter’s spokesman. This is how an opportunist behaves, he is very flexible and he willingly bends to the wind, he would bark against anyone so long as he has a chair to cling on to!).

Phay Siphan told The Phnom Penh Post: “Mr. Sam Rainsy fights the government, but he can walk freely in the country. However, the government never discriminates against him.” Phay Siphan indicated that, currently, in Cambodia, there is no repression on the freedom of expression as the opposition, such as Sam Rainsy, claimed.

Nevertheless, reports issued by national and international organizations showed that human rights violations in Cambodia perpetrated by powerful officials and rich businessmen still victimized a large number of weak people. (Angkor Borey Note: If Phay Siphan actually made this claim, it can only mean that all the NGOS, as well as the UN Human Rights officials, are all crazy … is it not?).

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 Criticized for Curtailing Freedom of Expression

"They still have the Khmer Rouge mentality. They do not tolerate critics and they are paranoid. They see enemies everywhere around them and they take preemptive moves to eliminate their enemies or potential enemies by killing them, by silencing them" - Sam Rainsy talking about the current Cambodian leaders, including Hun Xen

By Daniel Schearf, VOA

Bangkok
22 September 2009

Cambodia has been accused of silencing critics with lawsuits, jail time, and assassinations. Cambodia's opposition leader says the crackdown is the government's attempt to deal with what he claims is a growing discontent over the economy and who benefits from economic growth.

At a panel discussion Tuesday at the Bangkok press club, the Cambodian government was accused of doing everything in its power to muzzle voices critical of its policies.

Cambodian opposition leader Sam Rainsy says grassroots activists, politicians, and village leaders have been killed, jailed, and forced into hiding for disagreeing with the ruling party.

He says the government of Prime Minister Hun Sen is attempting to silence growing discontent over land confiscation and most Cambodians not benefiting from the growing economy.

Sam Rainsy says part of the problem is that many of Cambodia's leaders like Hun Sen are former Khmer Rouge, the brutal communist government that ruled in the 1970s and was responsible for the deaths of up to two million Cambodians.

"They still have the Khmer Rouge mentality," he said. "They do not tolerate critics and they are paranoid. They see enemies everywhere around them and they take preemptive moves to eliminate their enemies or potential enemies by killing them, by silencing them."

Cambodian Association for the Protection of Journalists Vice President Duong Hak Samrithy says recent defamation lawsuits against outspoken media by Hun Sen's Cambodian People's Party shows a clear pattern of intolerance. He says journalists have also been targets of violence that he linked to the government.

"Until now, about, around 10 journalists has been assassinated," said Samrithy. "But, there is no clue, no lead has been declared by the police, even a single case. So, you can say this is a clear attempt of the CPP to silence the opposition press."

Duong Hak Samrithy says international donors, who keep Cambodia's government running, should use their leverage to pressure the government on rights issues.

But a lecturer in International Relations at Bangkok's Chulalongkorn University, Puangthong Pawakapan, says major donors like Japan and the Association of Southeast Asian Nations are showing little willingness to pressure Phnom Penh.

"The task, while we cannot hope much from the governments of these countries, the donors and ASEAN, and the major investors, I think, the task will be left on the international NGOs and local NGOs inside Cambodia," said Puangthong.

The panel was organized by the Southeast Asian Press Alliance, a non-profit rights group based in Bangkok that campaigns for press freedom in Southeast Asia.

"We have democracy in appearance, but it is not really democracy, it's like a fascism state": Sam Rainsy

Sam Rainsy (R) and Hun Xen (L)

Khmer PM accused of using law to silence political rivals

September 23, 2009
By Supalak Ganjanakhundee The Nation

Cambodian opposition leader Sam Rainsy yesterday accused the government of Prime Minister Hun Sen of using the "anti-red" libel law to silence political rivals.

MPs, journalists, human rights activists and members of civil society were charged with defamation and tossed in jail for expressing disagreement with the leaders in government, Rainsy told a panel discussion in Bangkok hosted by the Southeast Asian Press Alliance.

The law was adopted by the United Nations when it ran Cambodia during the transition period in 1992 to prevent the notorious Khmer Rouge from using disinformation to instigate chaos, he said.

Although the Khmer Rouge are no longer active, the current leaders retained the law to gag the opposition, he said.

Freedom of expression in Cambodia is in critical condition these days due to the fallout from the global economic crisis and the growing suffering of people who have more reasons to be dissatisfied with the government, he said.

The government's economic mismanagement exacerbated the situation and caused more pain for the common people, he said.

The economic crisis has revealed the weaknesses of the government and it does not want people to point them out, he said.

Another factor which makes the government move to muzzle free speech is corruption since authorities do not want their cases to be disclosed, he said.

The legal action for defamation was usually taken against high profile opposition leaders but those at the grassroots level were persecuted by forces and in many cases killed, Rainsy said.

"Sometimes, they cannot do anything against the person (directly), they kill their children," he said.

Cambodia is not a true democratic country but an authoritarian country where freedom of expression is not guaranteed, he said.

"We have democracy in appearance, but it is not really democracy, it's like a fascism state," he said.

RIP Free expression under Hun Xen's autocratic regime

Free Expression Severely Deteriorated: Groups

By Im Sothearith, VOA, Khmer
Original report from Washington
24 July 2009

Freedoms of expression and the press have been seriously damaged in recent months, which can have a ripple effect throughout the region, rights groups and analysts said recently.

The Southeast Asian Press Alliance and other concerned groups sent an open letter to Prime Minister Hun Sen July 17, denouncing a “rapidly and palpably deteriorating environment for free expression in Cambodia.”

The open letter, signed by 12 advocacy groups from across Southeast Asia, marked concerns that political speech and press freedom have been severely restricted after harsh attacks against parliamentarians, advocates, lawyers and journalists over the past year.

SEAPA stressed in the letter that Cambodian leaders and the ruling party must be aware that violations of people’s rights to free expression are ultimately a regional problem and concern.

Roby Alampay, SEAPA’s executive director, told VOA Khmer by phone that over the past year, there have been a lot of worrying trends, which the letter sought to bring to national, regional and international attention.

The 42nd Asean Ministerial Meeting this week will adopt the terms of reference for the formation of an Asean Human Rights Body, to be launched in October, and Southeast Asian nations should take notice of what is happening in Cambodia, he said.

“In anything, awareness of the matter is good,” Alampay said. “At the same time in Cambodia, we want the Cambodians to know that this is something that we are bringing to the attention of the region; they are not alone.”

Ou Virak, president of the Cambodian Center for Human Rights and one of the signatories of the open letter, told VOA Khmer in a phone interview that the letter is to address concerns of the advocacy groups in the region about free-expression violations in Cambodia.

The letter was not intended to put pressure on the Cambodian government, but to bring awareness to the government that the measures it has been taking are really restrictions to the freedom of expression, which must be avoided, he said.

“We understand that the oppression of free expression, of whatever sort, makes a negative picture for Cambodia,” he said. “Recently the government has used the court to oppress and threaten its critiques. The court is an issue because it is not independent; it cannot protect people fairly before the law. I think the government is taking advantage of a biased judicial system to oppress its critiques.”

Chea Vannath, an independent political analyst, told VOA Khmer by phone that as Cambodia is one of the signatories of some international laws, including for free expression, Cambodians have an obligation to abide by them.

She added that human rights violations, including freedom of expression, are a regional problem because what happens in one country can create difficulties in neighboring countries. Therefore, countries in the region have the right to raise their concerns.

“Severe human rights violations in a country make its people flee for refuge in other Asean member countries,” she said. “In this case, although human rights violations happen in your country, if we don’t take timely action, the difficulty will spread to other Asean countries.”

SEAPA called for Cambodia’s leadership to demonstrate its commitment to constitutional guarantees for freedom of expression as well as to the International Covenant on Civil and Political Rights, to which it is a signatory.

As Cambodia is a member of Asean, it must live up to the values and spirit addressed in ASEAN charter: “respect for the fundamental freedoms, promotion and protection of human rights,” the group said.

Violations committed by Cambodia’s leadership and its ruling party against the country’s activists over the past year undermine the values, principles, and directions of the Asean community to which it belongs, the group said.

Four IFEX members, allies express concern over deteriorating free expression environment [in Cambodia

(SEAPA/IFEX) - Bangkok, 17 July 2009 - The Southeast Asian Press Alliance (SEAPA) and its members and allies working for the promotion and protection of free expression in Southeast Asia have issued an open letter to Cambodian Prime Minister Hun Sen, denouncing a "rapidly and palpably deteriorating environment for free expression in Cambodia."

The groups and advocates have noted a rash of attacks against journalists, lawyers, advocates, and parliamentarians over the past year that has severely restricted the space for press freedom and political speech in Cambodia. SEAPA says Cambodia's leaders must be taken to task for the situation, stressing that violations of people's rights to free expression are ultimately a regional problem and concern. The open letter calls attention to Cambodia in the context not only of its constitutional guarantees for free expression, but also in light of the current 42nd Ministerial Meeting of the Association of Southeast Asian Nations (ASEAN) which is taking place in Phuket, Thailand. The ASEAN's task this week to adopt Terms of Reference for the formation of an ASEAN Human Rights Body, SEAPA said, takes on significance and urgency precisely because of situations such as those unfolding for the free expression environment in Cambodia.

Click here to read SEAPA letter's to Hun Sen (PDF)

Tried in absentia, Cambodian journalist immediately arrested, sent to prison

Hang Chakra (Photo: Zakariya, RFA)

28 June 2009
Southeast Asian Press Alliance (SEAPA)

The editor-in-chief of the "The Khmer Machas Srok" newspaper, who had been fined and sentenced to a year's imprisonment, was arrested on the same day by the police and sent to the Prey Sar prison, near Phnom Penh, Cambodia, media reports said.

Hang Chakra was arrested at a rented house in Chamcar Samrong commune in Battambang City and was immediately sent to jail, Radio Free Asia quoted Am Sam Ath, director of investigation for the Licadho human rights group, as saying.

Hang Chakra’s lawyer, Chuong Chou-ngy, said that the sentence handed down by the Phnom Penh municipal court is very unfair for his client because the decision was made in absentia, and neither he nor his client were present during the court decision. Only the judge, the prosecutors and the government lawyer who brought the lawsuit against Hang Chakra were present.

Radio Free Asia quoted Chuon Chou-ngy: "[The court] hastened [the process] to hand out the sentence. Even without the presence of my client [Hang Chankra] and my request to delay the case, they didn’t agree to it."

"The Phnom Penh Post" last week said Hang Chakra was meted out a one-year jail term and fined him 9 million riels ($2,250) on charges of publishing false information and defamation on Cambodian Deputy Prime Minister, Sok An. The charges were based on the UNTAC criminal code rather than the more recent Press Law. Cambodian journalists groups said the former carries harsher penalties, including imprisonment.

Am Sam Ath said: "We can see that [this case] can seriously affect the rights of journalists to express their opinion."

He added that, "The Appeal court must think about Mr. Hang Chakra’s case. The information law should be considered first before the criminal code is used."

The Phnom Penh municipal court and justice ministry officials could not be reached to explain about the legality of this court decision and sentence, Radio Free Asia said.
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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.

Uncertainty For Asean Press In Coming Months

By D. Arul Rajoo

BANGKOK, Jan 20 (Bernama) -- The months ahead will hold much peril and uncertainty for members of the press in Southeast Asia, with the years 2009 and 2010 expected to be highly charged due to national election seasons for most countries in the region.

The Southeast Asian Press Alliance (Seapa) said that even without the chaos and violence, attendant to electoral exercises in countries like Indonesia, the Philippines, Cambodia, Thailand and Myanmar, the unpredictability of the contests and inevitability of uncertainty would give the region's journalists, not only compelling stories and issues to follow, but also dangerous times and situations to navigate.

In its 'Looking back, looking ahead: The state of the press in Southeast Asia' report released today, the Bangkok-based Seapa said the coming months would also be a crucial period for Asean itself, in particular with respect to how the regional body proves and demonstrates the value of a new charter that came into force last month.

It said that despite visions for a single free trade area by 2015, strengthening democracy, enhancing good governance and the rule of law and promoting and protecting human rights and fundamental freedoms, the region's press must note for itself that "press freedom" was not even mentioned in the Asean Charter, nor, for that matter, "free expression".

"How it all plays out for press freedom, therefore, is uncertain. To be sure, 2008 saw a lot of promise for change on this front," added Seapa.

It cited examples like Singapore which promised to relax its Films Act, Laos' introduction of a new media law that promised to allow more private sector participation, Timor Leste's promises to decriminalise defamation and the Philippines' Supreme Court decision that didn't quite decriminalise libel, but it essentially encouraged lower courts to ignore options to imprison journalists over defamation.

"Meanwhile, changes in the political environments of Malaysia and Thailand have caused people to assume changes in the environments for media and press freedom," it said.

Seapa said following the March, 2008 election that saw opposition parties winning five states in Malaysia, there had been more freedom of expression, with opposition and bloggers invited to appear on state-run television while it's in the Internet where change was most palpable.

But it also pointed out that laws such as the Internal Security Act, the Sedition Act and the Official Secrets Act continued to loom large and define the larger environment for a suppressed media, still overwhelming even government's promises to promote and strengthen judicial independence.

Sepa said upcoming elections in the region were, but one factor that pulled for the status quo.

"From Timor Leste to Thailand, the agenda of recapturing "stability" was overwhelming, and in 2008, it was often used to rationalise a low prioritisation -- and even a sacrifice of -- the press freedom agenda," it said.

The State of the Press in Southeast Asia in 2008

18 January 2009
Source: Southeast Asian Press Alliance (SEAPA)

Looking back, looking ahead: Press Freedom in Southeast Asia. The months ahead will hold much peril and uncertainty for members of the press in Southeast Asia.

The years 2009 and 2010 will be highly charged, for starters, anticipating national election seasons for most countries in the region. Even without the chaos and violence attendant to electoral exercises in countries like Indonesia, the Philippines, Cambodia, Thailand, and Burma, the unpredictability of the contests and the inevitability of uncertainty will give the region's journalists not only compelling stories and issues to follow, but also dangerous times and situations to navigate.

The coming months will also be a crucial period for ASEAN itself—in particular with respect to how the regional body proves and demonstrates the value of a new charter that came into force in December 2008.

Beyond rules of membership and ASEAN's vision for single free trade area by 2015, the ASEAN Charter affirms that among others, one of ASEAN's purposes is "to strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms..." The Charter's outline of Principles emphasizes the need for "adherence to the rule of law, good governance, the principles of democracy and constitutional government" as well as for the community's "respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice."

Article 14 of the ASEAN Charter goes as far as to commit that "ASEAN shall establish an ASEAN human rights body."

The mechanisms of such a body, however, have yet to be spelt out and finalized. Indeed, analysts and critics of the Charter stress that the stated principles and purposes relating to human rights and democracy must be weighed against ASEAN's historical emphasis on "non-interference" and on its tradition of moving by consensus. The region's press, meanwhile, must note for itself: "press freedom" is not even mentioned in the Charter, nor, for that matter, "free expression".

How it all plays out for press freedom, therefore, is uncertain.

To be sure, 2008 saw a lot of promise for change on this front. Or "promises", at least. Singapore promised to relax its Films Act. Laos introduced a new media law that promised to allow more private sector participation in its state-dominated media landscape. East Timor promised to decriminalize defamation. The Philippine Supreme Court didn't quite decriminalize libel, but it essentially encouraged lower courts to ignore options to imprison journalists over defamation. Meanwhile, sea changes in the political environments of Malaysia and Thailand have caused people to assume that changes in the environments for media and press freedom.

But assumptions are one thing. How it all actually falls into place—or falls apart—must yet be seen. For all the above promises, after all, little has actually changed in the laws that govern the media in Southeast Asia.

Indeed, if anything defines the media situation in Southeast Asia, it is the larger political considerations of the region's governments and political powers. Upcoming elections are but one factor that pulls for the status quo. From East Timor to Thailand, the agenda of recapturing "stability" is overwhelming, and in 2008, it was often used to rationalize a low prioritization—and even a sacrifice of—the press freedom agenda.

Looking back on the year that was, therefore, is crucial to anticipating and understanding how much journalists will be allowed to do their job in 2009 and beyond.

For a more detailed country-by-country report, please click on the following link:
YEAREND REPORT 2008

SEAPA condemns murder of Cambodian journalist

14 July 2008
Source: Southeast Asian Press Alliance (SEAPA)

The Southeast Asian Press Alliance (SEAPA) strongly condemns the fatal shooting of a Cambodian journalist and his son on 11 July 2008. Reporter Khim Sambo, 47, died on the spot after he was shot twice in the back as he emerged from sports stadium in Phnom Penh on Friday evening. His son, Khat Sarin Theada, 22, was shot in the chest and later died in hospital.

Phnom Penh's police chief Touch Naruth said they are still looking for the perpatrators.

SEAPA joins its Alerts parter, the Cambodian Association for the Protection of Journalists (CAPJ), in condemning this barbarous act. We call on the Cambodian police and authorities to decisively bring the murderers to justice.

Khim Sambo's death comes amid heightening violence and tension in Cambodia in the runup to general elections in on 27 July 2008. The journalist had been working for the daily Khmer-language "Moneakseka Khmer (Khmer Conscience)", a newspaper known to back opposition leader Sam Rainsy.

Moneakseka Khmer's editor, Dam Sith, was recently charged for printing allegations that Cambodia's foreign minister had ties to the genocidal Khmer Rouge regime, the Agence France Presse notes. The charge was later dropped, and CAPJ says that the attack on Khim Sambo came soon after his editor's release.

CAPJ President Um Sarin stressed that unless the police move swiftly and reassuringly, the attack on Khim Sambo could have a chilling effect on Cambodia's press, and taint the larger environment for the upcoming elections.

Press freedom in Cambodia: Free but fearful [-Bloggers will soon test the patience of the authorities]

CAPJ presents 2007 free expression report to information minister, journalists

6 February 2008
Source: Southeast Asian Press Alliance (SEAPA)

On 30 January 2008, the Cambodian Association for the Protection of Journalists (CAPJ) held a meeting with Information Minister Khieu Kanharith and journalists to present its report on the state of press freedom in the country in 2007.

While welcoming the government's decision to decriminalise defamation on 13 August 2007, CAPJ noted a sharp increase in attacks on journalists, compared with 2006 figures: There were 15 incidents of journalists being threatened, nine lawsuits filed against them, three warnings issued to them and eight arrests of journalists.

A full report of the situation can be found in SEAPA's annual review, prepared with input from CAPJ and released on 27 December 2007:

Free but fearful in Cambodia

Cambodia appears to have in place all the laws ensuring media freedom, but the reality is a different matter altogether. The constitutional provision for press freedom is ironically often invoked to restrict this very right, for it says, rather broadly, that the exercise of this right must not infringe upon the rights of others, "affect good traditions of society", and violate public law and order and national security. The interpretation of these restrictions should conform to the standards in the ratified International Covenant on Civil and Political Rights, but that has not been the case.

For example, multiple revisions have incorporated into the 1995 Press Law unwarranted restrictions and self-contradictory stipulations, such as binding journalists to criminal law though acknowledging that "no persons shall be arrested or subject to criminal charges as a result of the expression of opinion".

Another restrictive constitutional provision that has been repeatedly invoked is Article 7, which states: "The King shall be inviolable". It was used to justify the confiscation of "Free Press Magazine" over an article that questioned former King Norodom Sihanouk’s immunity from the Khmer Rouge Tribunal.

Despite the seemingly positive act to decriminalise defamation on 13 August—rendering moot the defamation threat against Thach Ket, chief editor of "Sralanh Khmer", and former king Norodom Sihanouk's lawsuit against the same newspaper for alleging Queen Monineath was a Vietnamese—there is still another favourite weapon of the authorities: the law on disinformation, which punishes transgressors with imprisonment from six months to three years or a fine of one million to ten million riels (approx. US$253 to US$2,530), or both. And even in civil defamation cases, journalists still face the threat of jail if they fail to pay the same steep fines.

Climate of fear

Much of the government’s workings remain shrouded in secrecy, with the access to information law ignored or not enforced by government officials. Journalists operate in a climate of fear made real by the past occurrences of colleagues being attacked and killed. While none was killed for their work this year, the sense of danger lurking persists under the authoritarian leadership of Hun Sen, the prime minister since 1985. Chim Chenda of "Kampuchea Thmei" was threatened with a gun by General Pol Sinuon for addressing the officer by his name, while Chandy of "Reaksmei Kampuchea" received an anonymous death-threat letter after he wrote a story implicating the Commune Chief of Tek Kraham in land grabbing. Phon Phat of "Chbas Ka" found his house razed twice over his reports on illegal logging.

Those threatened for their work would lie low or flee the country until the situation quietens down. A Radio Free Asia reporter bearing the penname "Keo Nimol" had to leave the country briefly after the prime minister lashed out at him, calling him insolent and rude. His colleague, Lem Pich Pisey, was forced to flee after receiving an anonymous death threat.

The Ministry of Information regularly issues and enforces bans on newspapers for reporting on sensitive issues like corruption and land grabbing, and criticisms against public officials. The biggest casualty was the closing of the major French newspaper, "Cambodge Soir", in operation for 12 years, after it defied the ban on an environmental report produced by an international non-governmental organisation which alleged official corruption. Soon after, the "Sralanh Khmer" newspaper was warned to stop further reports about the same issue. The "Khmer Amatak" newspaper was suspended a month for incurring the wrath of Deputy Prime Minister Nhiek Bun Chhay.

Government propaganda dominates the national broadcaster, allowing no room for the views of opposition parties. Even in the press and radio—where there is a certain level of plurality as ownership is open to political parties, businesses and non-governmental organisations—the authorities can limit ownership on a whim, as seen in the rejection of the Cambodian Center for Human Rights’ application to run a community radio station.

The Internet is a new medium that is as yet unrestricted, but it is accessible only to the minority middle class in the big cities—an estimated 44,000 users out of a total population of close to 14 million. A burgeoning community of bloggers continues to show and test the viability of the medium, and it will consequently, too, soon test the patience of the authorities.

Ethics problem

A lack of journalism ethics in an underpaid profession has also exposed journalists to physical harm, especially those in the poverty-ridden countryside where there is severe lack of basic infrastructure. A majority of the provincial journalists earn a monthly salary of about US$40, and would demand payment in return for their articles or other bribes. On 13 January, editors of the "Sangket Ka", "Samaki" and "Sangkum Cheat" newspapers were arrested and charged for blackmailing actress Vang Srey No. On 15 February, a "Polrath Khmer" reporter was attacked by an angry mob for alleged extortion. On 27 March, the publisher of "Vichea Khmer" newspaper was arrested for attempted murder. Most of such cases would be resolved behind closed doors or through "under-the-table" negotiations, entrenching the culture of bad journalism rather than breaking the cycle.

To address concerns about ethics and protect freedom of the press in general, a Press Council composed of 13 journalist associations was created on 20 July, with Um Sarin, president of the Cambodian Association for the Protection of Journalists, elected to head the organisation.

This report was prepared with input from Sam Rithy Duong Hak, Vice-President of the Cambodian Association for the Protection of Journalists, a SEAPA partner based in Phnom Penh, Cambodia.