Publication

Phnom Penh, 10 February 2022 – We,​ the undersigned civil society groups, trade unions and communities are extremely disappointed and concerned over the conviction of Mr. Chhorn Phalla, who was sentenced to five years imprisonment by the Rattanakiri Provincial Court on 10 November 2021 after a hearing on 29 September 2021. During that hearing the prosecutor changed the charge against Chhorn Phalla from “fell trees, encroached and cleared forest land, set forest fire, and bulldozed forestlands to claim ownership” under Article 62 of the Law on Natural Protected Areas to “clear forestland and enclose it to claim for ownership” under Article 97 (6) of the Law on Forestry, without substantial evidence to support this change. The change of the charges violated Chhorn Phalla’s fair trial rights, as it affected his right to have adequate time to prepare his defense. The court nevertheless convicted Chhorn Phalla under the new charges and sentenced him to five years imprisonment. During the trial, witnesses stated that Chhorn Phalla did not clear forestland and enclosed it to claim for ownership. Chhorn Phalla himself confirmed that he does not own any piece of land in that area.

Chhorn Phalla has been active in the protection of forests and natural resources in Seda commune, Lumphat district, Rattanakiri province for more than ten years. Along with other activists, he monitors forest and natural resources destruction, collects information and documents evidence of this destruction to file lawsuits against competent authorities who fail to perform their duties in protecting natural resources and forest land, thus allowing perpetrators to destroy the forest and natural resources in violation of the Law on Forestry and the Law on Natural Protected Areas. Due to his activism, Chhorn Phalla was attacked on 8 July 2020 by a group of people close to the authorities, after he raised the issue of deforestation and destruction of natural resources during a forum organized by the authorities in Seda commune hall, Lumphat district, Rattanakiri province. After the attack, Chhorn Phalla filed a complaint to the Rattanakiri Provincial Court. However, no action has been taken against the suspects.

Chhorn Phalla has been detained in Rattanakiri provincial prison for more than four months since his arrest on 20 September 2021  while he was checking the voters’ list at the police station in Seda commune, Lumphat district, Rattanakiri province. The Rattanakiri Provincial Court’s unfair decision against Chhorn Phalla amounts to judicial harassment and aims to threaten, intimidate and frighten him, as well as other environmental activists who are actively involved in protecting forests and natural resources.

We urge the judiciary and relevant institutions to drop the charges against Chhorn Phalla and to release him unconditionally. We hope the government will remember its obligation to preserve and protect the environment and the natural resources of Cambodia, and to guarantee the rights and freedoms of individuals to take part in the life of the nation.

This statement is endorsed by:

1. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
2. Cambodian Center for Human Rights (CCHR)
3. Cambodian Human Rights and Development Association (ADHOC)
4. Committee for Free and Fair Elections in Cambodia (COMFREL)
5. Center for Alliance of Labor and Human Rights (CENTRAL)
6. Alliance for Conflict Transformation (ACT)
7. Coalition of Cambodian Farmers Community (CCFC)
8. Youth Resources Development Program (YRDP)
9. Peace Bridges Organization (PBO)
10. Cambodian Institute for Democracy (CID)
11. People Center for Development and Peace (PDP Center)
12. Coalition for Integrity and Social Accountability (CISA)
13. Cambodia’s Independent Civil Servants Association (CICA)
14. Cambodian Youth Network (CYN)
15. Sahmakum Teang Tnaut (STT)
16. Affiliated Network for Social Accountability (ANSA)
17. Boeung Pram Community (Battambang)
18. O’Vor Preng Community (Battambang)
19. Pailin Land Community
20. Chakrei Land Community (Banteay Meanchey)
21. Phum Sela Khmer Land Community (Banteay Meanchey)
22. Community to Protect Nature (Pursat)
23. Thmar Da Community (Pursat)
24. O’Chamsrey Tradakpong Community (Kampong Thom)
25. Kouy Indigenous Community (Preah Vihear)
26. Peam Ros Community (Kampong Speu)
27. Prey Peay Community (Kampot)
28. Samaki Sangkae Pi Meanrith Community (Preah Vihear)
29. Prey Lang Community (Stung Treng)
30. 197 Land Community (Koh Kong)
31. Areng Indigenous Community (Koh Kong)
32. Chi Kha Kraom Land Community (Koh Kong)
33. Koh Sralao Fishery Community (Koh Kong)
34. Chi Kha Leu Land Community (Koh Kong)
35. Ta Noun Land Community (Koh Kong)
36. Bos Snor Community (Tboung Khmum)
37. Sre Prang Community (Tboung Khmum)
38. Tunlung Community (Tboung Khmum)
39. Sre Ampel Water Fall Tourism Forest Community (Kampong Chhnang)
40. Steung Khsach Sor Forestry Resource (Kampong Chhnang)
41. Charay Indigenous Community (Rattanakiri)
42. Am Laeng Community (Kampong Speu)
43. Building and Wood Worker’s Trade Union Federation of Cambodia (BWTUC)
44. Cambodian Alliance of Trade Unions (CATU)
45. Independent Trade Union Federation (INTUFE)
46. Cambodian Tourism Workers Union Federation (CTWUF)
47. Khlaeng Teok 78 Community (Siem Reap)
48. Tany Land Community (Siem Reap)
49. Andong Trabek Land Community (Svay Rieng)
50. Samaki Chek Meas Community (Svay Rieng)
51. Mean Chey Community (Svay Rieng)
52. Prey Lang Community (Kampong Thom)
53. Raksmei Samaki Community (Kampong Speu)
54. Human Right Defender Network (Kratie)
55. Broma Roub Roum Community (Kratie)
56. Sambok Community (Kratie)
57. Tamao Community (Kratie)
58. Da Community (Kratie)
59. Chang Krang Community (Kratie)
60. Kantout Community (Kratie)
61. Saob Community (Kratie)
62. Kra-nhung Senchey Community (Kratie)
63. Kbal Damrei Community (Kratie)
64. Prek Saman Community (Kratie)
65. Human Right Defender Network (Tboung Khmum)
66. Praphat Community (Tboung Khmum)
67. Bey Met Community (Tboung Khmum)
68. Chaom Kravean Community (Tboung Khmum)
69. Trapaeng Pring Community (Tboung Khmum)
70. Chan Moul Community (Tboung Khmum)
71. Kambrers Community (Tboung Khmum)
72. Indigenous Community Network Working Group (Mundulkiri)
73. Tbaeng Commune Land Community (Siem Reap)
74. Khnar Sanday Commune Land Community (Siem Reap)
75. Paek Sneng Commune Land Community (Siem Reap)
76. Leang Dai Commune Land Community (Siem Reap)
77. Svay Leur Community (Siem Reap)
78. Ta Siem Community (Siem Reap)
79. Beong Meala Community (Siem Reap)
80. Samrong Community (Siem Reap)
81. Sre Noy Community (Siem Reap)
82. Spean Thnaot Community (Siem Reap)
83. Chan Sar Community (Siem Reap)
84. Ta Yaek Community (Siem Reap)
85. Romney Commune Community (Preah Vihear)
86. Romtom Commune Community (Preah Vihear)
87. Mlou Prey 1 Commune Community (Preah Vihear)
88. Mlou Prey 2 Commune Community (Preah Vihear)
89. Sa-ang Commune Community (Preah Vihear)
90. Tarsou Commune Community (Preah Vihear)
91. Sangkae 1 Commune Community (Preah Vihear)
92. Reaksa Commune Community (Preah Vihear)
93. Chaep 1 Commune Community (Preah Vihear)
94. Tbaeng 1 Commune Community (Preah Vihear)
95. Tbaeng 2 Commune Community (Preah Vihear)
96. Chamroeun Commune Community (Preah Vihear)
97. Sra Yorng Commune Community (Preah Vihear)
98. Thmea Commune Community (Preah Vihear)
99. Por Commune Community (Preah Vihear)
100. Puttrea Commune Community (Preah Vihear)
101. Ro Ang Commune Community (Preah Vihear)
102. Human Right Defender Network (Steong Treng)
103. Bos Sbov Commune Community (Banteay Meanchy)
104. Poychar Community (Banteay Meanchey)
105. Pich Changva Community (Kampong Chhnang)
106. Anchanh Rong Community (Kampong Chhnang)
107. Choam Sangkea Community (Kampong Speu)
108. Phnom Chi Community (Banteay Meanchey)
109. Kbal Tuek Commune Community (Kampong Chhnang)
110. Boeng Bram Community ( Battambang )
111. DonTri Community ( Battambang )
112. Sdey Krom Rohal Soung Community ( Battambang )
113. Cambodian Human Rights Action Coalition ( CHRAC )

We, the undersigned civil society organizations working on the promotion and protection of human rights labor rights, land rights , environmental activists, independent analyst and social researcher in the Kingdom of Cambodia, wish to inform His Excellency of our deep disappointment at the authorities’ abuse of the Cambodian legal framework to wrongly arrest, detain and charge eight union leaders and continues to arrest more union activists for their peaceful exercise of freedom of association and freedom of assembly, both of which are protected in domestic and international law.

The charge of incitement to commit a felony levied against the union leaders and activists sends the message to Naga World strikers that their labor rights can be flouted with impunity while they will face legal action merely for calling out their company’s labor violations and seeking redress. This could set a dangerous precedent, emboldening employers to ignore inconvenient labor standards, and potentially leading to a roll-back of hard-earned labor rights in Cambodia.

We call for the eight arrested union leaders and activists to be immediately released, and for the charges against them to be unconditionally dropped. We remind the Royal Government of Cambodia (“RGC”) that unionism is not a crime, and that fundamental freedoms must be safeguarded, even when they are exercised in pursuit of a cause that the RGC disagrees with. We further call on the RGC to urge Naga World, once the eight union leaders and activists have been released, to enter into genuine negotiations with the Naga World union with the aim of finding a fair and just resolution to their labor dispute.

In addition, the RGC must cease to accuse trade unions and civil society organizations of attempting to overthrow the Government via a “color revolution” every time they use the fundamental freedoms granted to them by the Cambodian Constitution and international human rights instruments ratified by Cambodia to voice their concerns and demand better respect for human rights. It is high time for the RGC to start appreciating the role that civil society plays in protecting human rights and promoting democracy in the Kingdom and to enable a safe environment for its members to operate freely and without fear of repercussion.

Therefore, we, the undersigned civil society organizations working on the promotion and protection of human rights and labor rights in Cambodia, request His Excellency to intervene in order to have the eight jailed union leaders and activists released and all charges against them dropped and to find a just and fair resolution to this labor dispute.

This open letter is signed by:
1. Hun Vannak (Khmer Thavrak)
2. Chhoeun Daravy (Khmer Thavrak)
3. Eng Malai(Khmer Thavrak)
4. Eng Vandy (Khmer Thavrak)
5. Svay Samnang (Khmer Thavrak)
6. Dr. Lao Mong Hay
7. Dr. Seng Sary
8. 197 Land Community (Koh Kong)
9. ActionAid Cambodia (AAC)
10. Andong Trabek Land Community (Svay Rieng)
11. Areng Indigenous Community (Koh Kong)
12. Bos Snor Community (Tbong Khmum)
13. Boeung Pram Community (Battambang)
14. Building and Wood Workers’ Trade Union Federation of Cambodia (BWTUC)
15. Cambodian Alliance of Trade Unions (CATU)
16. Cambodian Food and Service Workers’ Federation (CFSWF)
17. Cambodian Human Rights and Development Association (ADHOC)
18. Cambodian Center for Human Rights (CCHR)
19. Cambodian Institute for Democracy (CID)
20. Cambodian Informal Employment Reinforcement Association (CIERA)
21. Cambodia’s Independent Civil Servants Association (CICA)
22. Cambodian Informal Economy Workers Association (CIWA-CLC)
23. Cambodian Human Rights Action Coalition (CHRAC)
24. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
25. Cambodian Tourism Workers Union Federation (CTWUF)
26. Cambodian Youth Network (CYN)
27. Center for Alliance of Labor and Human Rights (CENTRAL)
28. Chi Kha Kraom Land Community (Koh Kong)
29. Coalition of Cambodian Apparel Workers’ Democratic Union (C.CAWDU)
30. Cambodia Labor Confederation (CLC)
31. Coalition of Cambodian Farmers Community Association (CCFC)
32. Coalition of Free Trade Unions of Women Textile (CFTUWT)
33. Committee for Free and Fair Elections in Cambodia (COMFREL)
34. Community Legal Education Center (CLEC)
35. Community to Protect Nature (Pursat)
36. Dak Por Community (Kampong Speu)
37. Equitable Cambodia (EC)
38. Federation of Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC)
39. Free and Independent Trade Union Federation (FUFI)
40. Gender and Development for Cambodia (GADC)
41. Independent Democracy of Informal Economy Association (IDEA)
42. Independent Trade Union Federation (INTUFE)
43. Indigenous Community in Prame Commune (Preah Vihear)
44. Khmer Kampuchea Krom for Human Rights and Development Association (KKKHRDA)
45. Kleang Toek 78 Community (Siemreap)
46. Koh Sralao Fishery Community (Koh Kong)
47. Kouy Indigenous Community (Preah Vihear)
48. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
49. Land Community (Pailin)
50. Mean Chey Land Community (Svay Rieng)
51. Ou Chamsrey Tradakpong Community (Kampong Thom)
52. Ou Vor Preng Community (Battambang)
53. Peam Ros Community (Kampong Speu)
54. Phum Sela Khmer Land Community (Banteay Meanchey)
55. Phnom Krom Community (Siemreap)
56. Prek Ksach Land Community (Koh Kong)
57. Prey Lang Community (Kampong Thom)
58. Prey Peay Fishery Community (Kampot)
59. Prey Chher Pech Changvar Laor Chhert Community (Kampong Chhnang)
60. Reaksmei Sameakki Community (Kampong Speu)
61. Sahmakum Teang Tnaut (STT)
62. Samaki Chek Meas Community (Svay Rieng)
63. Samaki Romeas Haek Community (Svay Rieng)
64. Samaki Sangkae Pir Mean Rith (Preah Vihear)
65. Solidarity House (SH)
66. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chhnang)
67. Sre Prang Community (Tboung Khmum)
68. Steung Khsach Sor Forestry Resource (Kampong Chhnang)
69. Ta Noun Land Community (Koh Kong)
70. The Cambodia Confederation of Unions (CCU)
71. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
72. Thmar Da Community (Pursat)
73. Tonlung Community (Tboung Khmum)
74. Transparency International Cambodia (TI)
75. Workers’ Solidarity Strength Independent Union (WSSIU)
76. Youth Resources Development Program (YRDP)
77. Chongkom 1 community (Tboung Khmum)
78. Khnorng Kroper Lech community (Tboung Khmum)
79. Grassroots Farmer Community (Tboung Khmum)
80. Yerng Knhom Community (Tboung Khmum)
81. Chongkom Kandal community (Tboung Khmum)
82. Kompres community (Tboung Khmum)
83. Trapeang Pring Community (Tboung Khmum)
84. Brolos Community (Tboung Khmum)
85. Broma Robrom Community (Kratie)
86. Sombok Community (Kratie)
87. Women network for Trapeanng Pring community (Tboung Khmum)
88. Romeas Haek Rural Women Network (Svay Rieng)
89. Women Network for Meanchey Community (Svay Rieng)
90. Dak Por Women Community (Takeo)
91. Chok Chey Women Community (Takeo)
92. Women United for Spean Ches Community (Preah Sihanouk)
93. 843 Women Movement Alliance (Koh Kong)
94. Rural Youth Farmer Alliance (Koh Kong)
95. Preah Vihear Youth Farmer Group (Preah Vihear)
96. Tambae Meanchey Youth Network (Tboung Khmum)
97. Kampong Ampil Conservation Forest Community (Svay Rieng)
98. Sithprosre Community (Prey Veng)
99. Chong Ampil Land Community (Prey Veng)
100. Seang Kveang Community (Prey Veng)
101. Chrey Lerng Farmer Community (Prey Veng)
102. Phom Khnom Community (Kandal)
103. Thmar Thom Andoung Tuek Praek Trabek Community (Preah Sihanouk)
104. Ou Kampuchea Community (Preah Sihanouk)
105. Kbal Hong Tuek Communtiy (Preah Sihanouk)
106. Praek Traeng Community (Preah Sihanouk)
107. Pongrouk Community (Kampot)
108. Veal Veng Community (Kampot)
109. Ang Svay Farmer Community (Kampot)
110. Rural Farmer 129 Land Community (Koh Kong)
111. 843 Land Community (Koh Kong)
112. 766 Land Community (Koh Kong)
113. Nea Pisey Rural Land Community (Koh Kong)
114. Chambak Trang Farmer Community (Kampong Speu)
115. Odom Sre Kpos forest land community (Kompong Speu)
116. Human right promotion land community (Kandal)
117. Trey Sla community (Kandal)
118. Totol community (Kandal)
119. Ompov Prey community (Kandal)
120. Kotarear Community (Takeo)
121. Samaki community (Takeo)
122. Phum Kandal Community (Takeo)
123. Trapeang Krasang Community (Takeo)
124. Kanlaeng Khla Community (Takeo)
125. Sambo Community (Preah Vihear)
126. Russei Srok Community (Preah Vihear)
127. Chouk Chey Community (Preah Vihear)
128. Kalorth Community (Preah Vihear)
129. Ou Romdoul Land Community (Preah Vihear)
130. Phnom Ke Samaki Community (Preah Vihear)
131. Bos Community (Preah Vihear)
132. Tasou Meanrith Community (Preah Vihear)
133. Trapeang Rolous Community (Prey Veng)

4th January 2022

We the undersigned civil society groups, including union federations, confederations, and associations as well as NGOs, are dismayed by the measures taken by authorities, led by the Phnom Penh Police Commissariat, to detain 9 union leaders and members on the night of December 31, 2021, and to further violently arrest LRSU union leader Chhim Sithar on the afternoon of January 4, 2022. We call for all arrested unionists’ immediate and unconditional release.

We support the exercise of the fundamental rights and freedoms of LRSU union members and employees to conduct a peaceful strike. This right is guaranteed under the Constitution, Labour Law, Law on Trade Unions, and based on the union’s statutes registered with the Ministry of Labour and Vocational Training as a professional and independent institution to protect the legal rights and interests of workers in the workplace. We are dismayed by the measures taken by authorities, who failed to uphold their roles and obligations to protect strikers who conduct a peaceful strike. Instead, the authorities arrested the union leaders and members, even at night, and improperly accused them of a crime.

We further note that most of those arrested, as well as those participating in the strike are women. Cambodian law, including the CEDAW Convention, entitles these workers to the peaceful exercise of speech, association, and union activity. Women workers make their own decisions about whether to stand up for their labor rights, and to suggest that they are not acting of their own volition is to deny the full agency and equality of women workers.

nowThe members of the NagaWorld union have used their right to strike, which is guaranteed under national law, as a measure of last resort to push their employer to negotiate and find a solution peacefully. A peaceful strike is not a crime. Authorities must stop intimidating and threatening union members with legal charges or with pro-government media propaganda.

Among the nine unionists detained on December 31, eight – Chhim Sokun, Sun Sreypich, Hai Sopheap, Ry Sovanndy, Rin Phalla, Eng Sreybo, Sun Sreymom, and Kleang Sobin – were arrested at the union office, while Touch Sereymeas was arrested while leaving the strike site in front of NagaWorld. The arrests of the nine were made after 2,000 members of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) union conducted a peaceful strike for 13 days in order to demand NagaWorld re-instate 365 union leaders and members who were previously fired.

One day after the arrest, on January 1, 2022, the Phnom Penh Police Commissariat claimed that the arrests were made after the Phnom Penh Municipality announced many times that the strike was illegal and affected social security and public order. They claimed the arrests were made following Articles 494 and 495 of the Criminal Code.

After questioning, six union members and leaders – Chhim Sokhun, Kleang Sobin, Son Sreypich, Ry Sovanndy, Hai Sopheap, and Touch Sereymeas – were sent to Phnom Penh Municipal Court at around 5 p.m. on Sunday, January 2.

On the afternoon of Monday, January 3^rd, the six were charged with incitement to commit a felony by prosecutor Seng Heang, according to Articles 494 and 495 of the Criminal Code, and three others were also charged – Chhim Sithar, Sok Narith and Sok Kongkea. The six detainees were sent to pre-trial detention at Correctional Centre 2 on Monday evening, while the additional three unionists were arrested on January 4, 2022. If convicted, these nine unionists face between six months and two years in prison.

On Monday afternoon, while the six leaders and members were being questioned, 400 members of the union continued to strike in front of Naga 2, and an additional 17 members were arrested (1 man and 16 women) and sent to the Phnom Penh Police Commissariat. One of the 17 detainees, a 3-month pregnant woman, was later released.

We, the civil society groups, call for authorities to drop all charges, release all detainees, and uphold their role as public servants professionally, with accountability and impartiality, in order to find a solution to this labour dispute. At the same time, we request Phnom Penh Municipal Court to rescind the provisional disposition which declared this strike as illegal, dated 16 December 2021.

Endorsed by:

1. 197 Land Community (Koh Kong)
2. Am Leang Community (Kampong Speu)
3. Andong Trabek Land Community (Svay Rieng)
4. Areng Indigenous Community​ (Koh Kong)
5. Boeung Pram Community (Battambang)
6. Building and Wood Workers’ Trade Union Federation of Cambodia (BWTUC)
7. Cambodia Informal Workers’ Association (CIWA)
8. Cambodian Alliance of Trade Unions (CATU)
9. Cambodian Center for Human Rights (CCHR)
10. Cambodian Food and Service Workers’ Federation (CFSWF)
11. Cambodian Human Rights Action Coalition (CHRAC)
12. Cambodian Human Rights and Development Association (ADHOC)
13. Cambodian Independent Civil Servants’ Association (CICA)
14. Cambodian Informal Employment Reinforcement Association (CIERA)
15. Cambodian Institute for Democracy (CID)
16. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
17. Cambodian Tourism Workers’ Union Federation (CTWUF)
18. Cambodian Youth Network (CYN)
19. Center for Alliance of Labor and Human Rights (CENTRAL)
20. Charay Indigenous Community (Ratanakiri)
21. Chi Kha Leu Land Community (Koh Kong)
22. Coalition of Cambodian Apparel Workers’ Democratic Union (CCAWDU)
23. Coalition of Cambodian Farmers Community Association (CCFC)
24. Coalition of Free Trade Unions of Women Textile (CFTUWT)
25. Committee for Free and Fair Elections in Cambodia (COMFREL)
26. Community to Protect Nature (Pursat)
27. Dak Por Community (Kampong Speu)
28. Equitable Cambodia (EC)
29. Federation of Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC)
30. Free and Independent Trade Union Federation (FUFI)
31. Independent Democratic of Informal Economy Association (IDEA)
32. Independent Trade Union Federation (INTUFE)
33. Indigenous Community in Prame Commune (Preah Vihear)
34. Khmer Kampuchea Krom for Human Rights and Development Association (KKKHRDA)
35. Klaing Toek 78 Community (Siem Reap)
36. Koh Sralao Fishery Community (Koh Kong)
37. Kouy​ Indigenous​​ Community (Preah Vihear)
38. Land Community (Pailin)
39. Ou Damdaek Community (Kampong Thom)
40. Peace Bridges Organization (PBO)
41. Phnom Kroam Community (Siem Reap)
42. Phnom Tnaut Community (Kampot)
43. Phum Sela Khmer Land Community (Banteay Meanchey)
44. Prey Chher Pech Changvar Laor Chhert Community (Kampong Chhnang)
45. Prey Lang Community (Kampong Thom)
46. Prey Peay Fishery Community (Kampot)
47. Samaki Chek Meas Community (Svay Rieng)
48. Samakum Teang Tnaut (STT)
49. Solidarity House (SH)
50. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chhnang)
51. Sre Prang Community (Tboung Khmum)
52. Steung Khsach Sor Forestry Resource (Kampong Chhnang)
53. Ta Ni Land Community (Siemreap)
54. The Cambodia Confederation of Unions (CCU)
55. Tonlung Community (Tboung Khmum)
56. Transparency International (TI)
57. Workers’ Solidarity Strength Independent Union (WSSIU)
58. Youth Resource Development Program (YRDP)
59. Klahaan
60. Gender and Development for Cambodia (GADC)
61. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
62. Chongkom 1 community (Tbong Khmum)
63. Knorng Kroper Lech community (Tbong Khmum)
64. Grassroots farmer community (Tbong Khmum)
65. Yerng Knhom community (Tbong Khmum)
66. Chongkom Kandal community (Tbong Khmum)
67. Kompres community (Tbong Khmum)
68. Tropiang Pring community (Tbong Khmum)
69. Brolos community (Tbong Khmum)
70. Broma Robrom community (Kratie)
71. Sombok community (Kratie)
72. Women network for Tropiang Pring community (Tbong Khmum)
73. Romeas Haek rural women network (Svay Rieng)
74. Chek Meas community network (Svay Rieng)
75. Women network for Meanchey community (Svay Rieng)
76. Dok Por women community (Takeo)
77. Chok Chey women community (Takeo)
78. Women united for Spean Ches community (Preah Sihanouk)
79. 843 Women movement alliance (Koh Kong)
80. Rural youth farmer alliance (Koh Kong)
81. Preah Vihear youth farmer group (Preah Vihear)
82. Tombe Meanchey youth network (Tbong Khmum)
83. Kompong Ompil conservation forest community (Svay Rieng)
84. Sithprosre community (Prey Veng)
85. Chong Ompil land community (Prey Veng)
86. Seang Kveang community (Prey Veng)
87. Chrey Lerng farmer community (Prey Veng)
88. Phom Khnom community (Kandal)
89. Thmar Thom Andoung Tuek Praek Trabek Community (Preah Sihanouk)
90. Ou Kampuchea Community (Preah Sihanouk)
91. Kbal Hong Tuek Communtiy (Preah Sihanouk)
92. Praek Traeng Community (Preah Sihanouk)
93. Pongrouk Community (Kampot)
94. Veal Veng Community (Kampot)
95. Ang Svay Farmer Community (Kampot)
96. Rural Farmer Land Community (Koh Kong)
97. 843 Land Community (Koh Kong)
98. 766 Land Community (Koh Kong)
99. Nea Pisey Rural Land Community (Koh Kong)
100. Chambak Trang Farmer Community (Kampong Speu)
101. Odom Sre Kpos forest land community (Kompong Speu)
102. Human right promotion land community (Kandal)
103. Trey Sla community (Kandal)
104. Totol community (Kandal)
105. Ompov Prey community (Kandal)
106. Kotarear community (Takeo)
107. Samaki community (Takeo)
108. Phum Kandal Community (Takeo)
109. Trapeang Krasang Community (Takeo)
110. Kanlaeng Khla Community (Takeo)
111. Sambo Community (Preah Vihear)
112. Russei Srok Community (Preah Vihear)
113. Chouk Chey Community (Preah Vihear)
114. Kalorth Community (Preah Vihear)
115. Ou Romdoul Land Community (Preah Vihear)
116. Phnom Ke Samaki Community (Preah Vihear)
117. Bos Community (Preah Vihear)
118. Tasou Meanrith Community (Preah Vihear)
119. Trapeang Rolous Community (Prey Veng)

PDF format:  Download full statement in Khmer –Download full statement in English

Phnom Penh, 03 January 2022

We, the undersigned civil society groups, stand in solidarity with the families of the victims killed, injured, and disappeared eight years ago today when security forces opened fire on striking workers on Veng Sreng Boulevard in Phnom Penh. We continue to call for accountability for the violence and the disappearance of then-15-year-old Khem Sophath, who remains missing today.

On 3 January 2014, mixed government forces shot and killed at least four people and wounded at least 38 others when shutting down peaceful strikes on Veng Sreng Boulevard. The strikes of garment workers calling for a fair minimum wage were brutal and disproportionate. The eventual investigation into the shooting was reported to last just three weeks and failed to hold anyone accountable for the deaths of Kim Phaleap, Sam Ravy, Yean Rithy and Pheng Kosal. In contrast, 23 workers and human rights defenders were arrested and later convicted in a farcical trial on charges of aggravated intentional violence, aggravated intentional destruction of property, obstruction and insult related to the protests.

Khem Sophath, a 15-year-old child, remains missing to this day. Sophath was last seen lying face down in a pool of his own blood from an apparent gunshot wound to the chest, urging others to save themselves as forces continued to fire on demonstrators. When demonstrators returned to the spot after the gunfire ceased, Sophath was gone. Brigadier General Kheng Tito of the military police confirmed weeks after the incident that Sophath was not among the arrested.

In May 2014, two men found fragments of bones and the remains of burned tires at Brigade 70 military base in Kampong Speu province, leading to speculation that those remains belonged to Khem Sophath. The government denies that the remains were those of Khem Sophath, but has also failed to conduct a thorough, independent, impartial or effective investigation as is required by law. The government has further failed to provide the family with information regarding the investigation’s measures and any developments towards uncovering the truth of what happened to their teenage son.

In Leakena, Sophath’s mother, is left with only questions.  “If he was shot and killed, his body shouldn’t be taken away—then I couldn’t arrange a proper ceremony for him.” She said, “I pray for him every year at home—without his body or knowing whether he is still alive or dead.”  She appealed to all parties to “find justice for my son.”

Cambodia agreed to the International Convention for the Protection of All Persons from Enforced Disappearance prior to Khem Sophath’s disappearance and is thus obligated to take appropriate measures to locate Sophath, to keep his family informed of the investigation into his disappearance, and to provide “fair and adequate” compensation.

On the anniversary of Khem Sophath’s disappearance, we call on the Royal Government of Cambodia to:

– Assist the family of a disappeared child find peace by taking immediate, concrete measures to investigate Khem Sophath’s disappearance until his fate is determined, including but not limited to identifying and effectively interviewing all armed and security forces present at the site of disappearance.
– Hold the appropriate parties accountable for the disappearance of Khem Sophath and the shooting of Khem Sophath, Kim Phaleap, Sam Ravy, Yean Rithy and Pheng Kosal, and file proper charges for a thorough, independent, impartial and effective prosecution.
– Share progress and results of the investigation to date and going forward with Khem Sophath’s family, including what scientific examinations were conducted to examine the remains found in May 2014 at the Brigade 70 military base and how they were determined to not belong to Khem Sophath.
– Respect and return any identified remains to Khem Sophath’s family and grant them its full support in seeking reparations.

Signed by:

1. 197 Land Community (Koh Kong)
2. Am Leang Community (Kampong Speu)
3. Activities for Environment Community (AEC)
4. Areng Indigenous Community​ (Koh Kong)
5. Bos Snor Community (Tbong Khmum)
6. Boeung Pram Community (Battambang)
7. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
8. Cambodian Alliance of Trade Unions (CATU)
9. Cambodian Labor Confederation (CLC)
10. Cambodian Food and Service Workers’ Federation (CFSWF)
11. Cambodian Human Rights and Development Association (ADHOC)
12. Cambodian Center for Human Rights (CCHR)
13. Cambodia’s Independent Civil Servants Association (CICA)
14. Cambodian Independent Teachers’ Association (CITA)
15. Cambodian Informal Economy Workers Association (CIWA-CLC)
16. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
17. Cambodian Tourism Workers Union Federation (CTWUF)
18. Cambodian Youth Network (CYN)
19. Center for Alliance of Labor and Human Rights (CENTRAL)
20. Chi Kha Kraom Land Community (Koh Kong)
21. Charay Indigenous Community (Ratanakiri)
22. Coalition for Integrity and Social Accountability (CISA)
23. Coalition of Cambodian Farmers Community Association (CCFC)
24. Community Peace-Building Network (CPN)
25. Community to Protect Nature (Pursat)
26. Dak Por Community (Kampong Speu)
27. Equitable Cambodia (EC)
28. Gender and Development Cambodia (GADC)
29. Haong Samnam Community (Kampong Speu)
30. Independent Democracy of Informal Economy Association (IDEA)
31. Independent Trade Union Federation (INTUFE)
32. Indigenous Community in Prame Commune (Preah Vihear)
33. Khmer Kampuchea Krom For Human Rights and Development Association (KKKHRDA)
34. Koh Sralao Fishery Community (Koh Kong)
35. Kouy​ Indigenous​​ Community (Preah Vihear)
36. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
37. Land Community (Pailin)
38. Lor Peang Land Community (Kampong Chhnang)
39. Mean Chey Land Community (Svay Rieng)
40. Ou Damdaek Community (Kampong Thom)
41. Peace Bridges Organization (PBO)
42. Peam Ros Community (Kampong Speu)
43. Phum Sela Khmer Land Community (Banteay Meanchey)
44. Phnom Tnaut Community (Kampot)
45. Ponlok Khmer (PKH)
46. Prey Lang Community (Kampong Thom)
47. Prey Peay Fishery Community (Kampot)
48. Prey Chher Pech Changvar Laor Chhert Community (Kampong Chhnang)
49. Reaksmei Sameakki Community (Kampong Speu)
50. Sahmakum Teang Tnaut (STT)
51. Samaki Chek Meas Community (Svay Rieng)
52. Samaki Sangkae Pir Mean Rith (Preah Vihear)
53. Sre Ampel Water Fall Tourism Forestry Community
54. Sre Prang Community (Tboung Khmum)
55. Ta Ni Land Community (Siem Reap)
56. Ta Noun Land Community (Koh Kong)
57. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
58. Transparency International Cambodia (TI)
59. Youth Resources Development Program (YRDP)
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18 December 2021

We, as civil society organisations, trade union federations, confederations and associations working to promote and protect labour and human rights in Cambodia express our firm solidarity with striking employees at NagaWorld Limited who are currently exercising their fundamental rights to peacefully strike according to the Labour Law, the Law on Trade Unions and their statutes previously registered with the Ministry of Labour and Vocational Training. We are extremely disappointed with the provisional disposition issued by the Phnom Penh Court of First Instance on 16 December 2021 which declared this strike to be illegal and call on NagaWorld to engage with its employees and their representatives directly and in good faith to resolve this dispute.

On 18 December 2021, more than 1,300 employees of NagaWorld Limited, including members of the Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU) began strike action to demand reinstatement of 365 employees previously dismissed as part of a mass force layoff 1,329 workers in late April 2021. Amongst those dismissed include the entirety of the local LRSU leadership, including Union President Chhim Sithar, as well as elected shop stewards. Shortly after the strike began, representatives from the Phnom Penh Court of First Instance read out a provisional disposition issued by the Phnom Penh Court of First Instance on 16 December 2021 which declared the strike to be illegal and ordered striking workers to return to work. According to the order, those workers who do not return to work will be considered to have committed serious misconduct, paving the way for NagaWorld to terminate their employment. LRSU was not given notice of the court’s decision until approximately 9:30 AM on December 18, 2021. The provisional disposition was issued with LRSU being provided no opportunity to contest or respond to Naga World’s request to prohibit the strike prior to the decision being made. Paragraph 4 of Section 548 of the Code of Civil Procedure requires the court to hold a court date for either oral arguments or questioning prior to issuing a provisional disposition. In circumstances where the court has issued a provisional disposition before the strike had even occurred, it ought to have summoned LRSU for either oral arguments or questioning before making its decision.

Also on the afternoon of 18 December, the Phnom Penh Administration issued a letter to a number of LRSU leaders, instructing them to cease their “demonstration” as it did not comply with Article 5 of the Law on Peaceful Demonstrations. However, Point 3-1-2 of Section I of the Implementation Guide to the Law on Peaceful Demonstrations, issued by the Ministry of Interior through Decision No. 2337/10 states clearly that the Law on Peaceful Demonstrations does not apply to labour disputes which take place outside or adjacent to an enterprise. As such, the Phnom Penh Administration should not attempt to dissolve a strike by referring to a law which is not applicable for this case.

The strike at NagaWorld has occurred after consistent refusals by management to engage in genuine or good faith negotiation with LRSU and failures by the Ministry of Labour and Vocational Training and Phnom Penh City Hall to secure resolution. The right to collective bargaining and the right to strike are guaranteed to Cambodian workers both by virtue of the Cambodian Constitution, as well as International Labour Organisation (ILO) conventions nos. 87 and 98, both of which have been ratified by the Kingdom of Cambodia. The Constitutional Council of Cambodia has previously ruled that international treaties ratified and recognised by Cambodia form part of Cambodian domestic law.

We recall that in January 2020, NagaWorld employees conducted strike action demanding pay increases as well as the reinstatement of LRSU President Chhim Sithar. At the time, NagaWorld responded by similarly requesting the Phnom Penh Court of First Instance declare the strike as illegal and order employees to return to work. As civil society organisations, trade unions and associations working to protect and promote labour and human rights in Cambodia, we see Naga World’s response to both the January 2020 and present strike as little more than a blatant attempt to silence the collective voice of LRSU members and NagaWorld employees more broadly. The Phnom Penh Court of First Instance should not have accepted Naga​​ World’s request for provisional disposition and its decision to issue such an order severely undermines the fundamental rights and freedoms guaranteed to NagaWorld employees by the Cambodian Constitution. The ILO has as recently as this year called on the Cambodian Government to take necessary measures to guarantee the lawful and peaceful exercise of the right to strike.

We hope that LRSU members and NagaWorld employees will not be cowed into silence through these forms of legal action and intimidation. The only way to resolve this dispute is for the company to immediately engage in genuine and good faith negotiations with NagaWorld workers and their representatives to find a mutually acceptable solution. The legal system must not be used as a tool by which to silence workers’ voices. We appeal to NagaWorld, the Ministry of Labour and Vocational Training and all relevant local authorities to immediately make all necessary efforts to peacefully resolve this dispute.

This statement is supported by:

1. 197 Land Community (Koh Kong)
2. Andong Trabek Land Community (Svay Rieng)
3. Areng Indigenous Community (Koh Kong)
4. Boeung Pram Community (Battambang)
5. Bos Snor Community (Tbong Khmum)
6. Building and Wood Workers’ Trade Union Federation of Cambodia (BWTUC)
7. Cambodia Informal Workers’ Association (CIWA)
8. Cambodian Alliance of Trade Unions (CATU)
9. Cambodian Center for Human Rights (CCHR)
10. Cambodian Food and Service Workers’ Federation (CFSWF)
11. Cambodian Human Rights Action Coalition (CHRAC)
12. Cambodian Human Rights and Development Association (ADHOC)
13. Cambodian Independent Civil Servants’ Association (CICA)
14. Cambodian Informal Employment Reinforcement Association (CIERA)
15. Cambodian League for the Promotion and Defence of Human Rights (LICADHO)
16. Cambodian Tourism Workers’ Union Federation (CTWUF)
17. Cambodian Youth Network (CYN)
18. Center for Alliance of Labor and Human Rights (CENTRAL)
19. Charay Indigenous Community (Ratanakiri)
20. Chi Kha Kraom Land Community (Koh Kong)
21. Chi Kha Leu Land Community (Koh Kong)
22. Coalition of Cambodian Apparel Workers’ Democratic Union (CCAWDU)
23. Coalition of Cambodian Farmers Community Association (CCFC)
24. Coalition of Free Trade Unions of Women Textile (CFTUWT)
25. Committee for Free and Fair Elections in Cambodia (COMFREL)
26. Community to Protect Nature (Pursat)
27. Dak Por Community (Kampong Speu)
28. Free and Independent Trade Union Federation (FUFI)
29. Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC)
30. Haong Samnam Community (Kampong Speu)
31. Independent Democratic of Informal Economy Association (IDEA)
32. Independent Trade Union Federation (INTUFE)
33. Indigenous Community in Prame Commune (Preah Vihear)
34. Klaing Toek 78 Community (Siem Reap)
35. Koh Sralao Fishery Community (Koh Kong)
36. Kouy Indigenous Community (Preah Vihear)
37. Land Community (Pailin)
38. Lor Peang Community (Kampong Chhnang)
39. Ou Chamsrey Tradakpong Community (Kampong Thom)
40. Ou Damdaek Community (Kampong Thom)
41. Ou Vor Preng Community (Battambang)
42. Peam Ros Community (Kampong Speu)
43. Phnom Tnaut Community (Kampot)
44. Prey Chher Pech Changvar Laor Chhert Community (Kampong Chhnang)
45. Prey Lang Community (Kampong Thom)
46. Prey Peay Land Community (Kampot)
47. Samaki Sangkae Pir Mean Rith (Preah Vihear)
48. Samakum Teang Tnaut (STT)
49. Solidarity House (SH)
50. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chhnang)
51. Sre Prang Community (Tboung Khmum)
52. Steung Khsach Sor Forestry Resource (Kampong Chhnang)
53. Ta Ni Land Community (Siem Reap)
54. Ta Noun Land Community (Koh Kong)
55. Thmar Da Community (Pursat)
56. Tonlung Community (Tboung Khmum)
57. Workers’ Solidarity Strength Independent Union (WSSIU)
58. Youth Resource Development Program (YRDP)
59. Equitable Cambodia (EC)
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We, as representatives of trade union confederations, federations, associations and civil society organisations working to promote human rights and labour rights in the Kingdom of Cambodia are extremely disappointed with the intention and attempts to dissolve the union leadership structure and the unreasonable and unacceptable planned systematic reduction of staff during the COVID-19 crisis at NagaWorld Limited.

The recent notice of dismissal of trade union leaders and activists clearly shows NagaWorld’s intention to severely violate the basic rights and freedoms of professional organisations (trade unions) stated in the core conventions of the International Labour Organisation (ILO). Article 1 of Convention No. 98 on the Right to Organise and Collective Bargaining states: “Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment,” including compulsion to not join or to resign from a union, dismissal from employment or other forms of harm. Article 2 states: “Workers’ and employers’ organisations shall enjoy adequate protection against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration.” In particular, all actions taken to aid workers’ organisations which fall under the compulsion of the employer or employers’ organisations or which provide support by monetary means or other means to place workers’ organisations under the influence of employers or employers’ organisations are considered as acts of interference. Instead, the Ministry of Labour and Vocational Training has agreed to the company’s request to dismiss them. Meanwhile, the company pushed those terminated leaders and activists to ask ministerial officials themselves when the union demanded to view the letter authorizing dismissal of trade union leaders who otherwise have this special protection.

On 8 April 2021, representatives of NagaWorld Limited announced a planned layoff of 1,329 staff members out of its total of more than 8,000 staff due to the COVID-19 crisis. At the end of April, company representatives confirmed that the company would directly contact each staff listed for layoff, as well as summoning them for a meeting on company premises.

Through the union, a majority of employees objected to this planned layoff and did not accept the reasoning raised by the company as the company had not faced any business losses, having made a net profit of more than US$102 million in 2020. According to NagaWorld’s own financial reports, in the first two months of 2021 alone the company made a net profit of more than US$172 million whilst staff had their working hours reduced by up to 60% in order to reduce company expenses and received wages only according to their actual number of days worked.

For this planned mass layoff, the company did not discuss the procedures of preparation according to Article 95 of the Labour Law or present the categories of employees which would be affected by this layoff. Instead, when notifying employees, the layoff only affected those workers with long employment seniority, especially those who are union leaders, shop stewards, union activists and union members, with more than 1,100 of the 1,329 workers (equivalent to 82%) to be laid off being union members.

The majority of workers who received notice of dismissal from the company felt forced to resign from employment and did not dare to continue protesting with the company even though they knew they were victims of injustice. The company provided severance packages not in line with the Labour Law. Of the 1,329 workers, 373 objected and refused to take these severance packages, demanding the company apply the Labour Law and reinstate them to their previous employment.

After multiple negotiations without resolution, worker decided to complain to the Ministry of Labour and Vocational Training in June and continued negotiations to the Arbitration Council at the start of July 2021. Arbitration Council Award No. 12/21 issued on 10 September 2021 did not consider the demands of 373 workers to be reinstated with the Arbitration Council seemingly referring to the reasoning of the company and not the Labour Law which states that the role of the Arbitration Council is to resolve all disputes forwarded to it by the Ministry of Labour. The Arbitration Council pushed procedures back to the Labour Inspector, claiming that the workers’ demands for reinstatement currently fell under his consideration.

On 23 September 2021, the union sent a letter requesting the Department of Labour Inspections order NagaWorld to reinstate the 373 workers after NagaWorld submitted a request to dismiss workers to the Department of Labour Inspections on 6 August 2021 which was not legally valid.

On 23 September 2021, the union sent a letter to NagaWorld requesting preparation of work shifts for these 373 workers as for other workers.

On 18 October 2021, the union sent a letter to His Excellency the Minister of Labour and Vocational Training requesting a meeting to report about the dispute and non-implementation of the Labour Law at NagaWorld after failing to receive a reply from the Labour Inspector. However, the Minister has also not responded to the union’s request either.

The union has tried to find a peaceful resolution with the company, but the company has ignored the union’s requests to meet. Instead, the company has only tried to lobby workers present at the workplace to organise a group to discuss various issues with them which shows the company’s intention to discriminate the union and does not have a spirit to promote professional relations in the company with the union.

On 5 November 2021, Human Resources staff of the company issued a notice terminating the contracts of union leaders and shop stewards.

The suffering and injustice suffered by workers at NagaWorld is a reflection of law enforcement in Cambodia and is a bad example for other employers to follow the experience of NagaWorld. We, as representatives of trade union confederations, federations, associations and civil society organisations working to promote human rights and labour rights in the Kingdom of Cambodia will continue to attentively monitor this case and call on the Ministry of Labour and Vocational Training to review the request to dismiss employees which was not implemented properly according to the Labour Law and conduct proper labour inspections based on legal principles to strengthen the rule of law in Cambodia. Moreover, the neglect of legal enforcement by this enormous company will be a bad example for other investors to emulate, causing more workers to suffer injustice, as well as tarnishing the Royal Government’s image internationally.

We request the Royal Government inspect and intervene to provide an acceptable resolution to this case. We also call on NagaWorld management to negotiate in good faith with union representatives to find a resolution acceptable to both sides and form good professional relations with the union at the workplace. In particular, we call for the reinstatement of these 373 employees and an end to all discrimination and oppression against the union.

 Phnom Penh , 01   December  2021             

This statement is supported by:

24 August 2021, Phnom Penh – In light of the ever-worsening human rights situation in Cambodia, we, the undersigned civil society organizations, trade unions, associations and communities, are deeply concerned about the Royal Government of Cambodia (“RGC”)’s recent move towards the establishment of a National Human Rights Institution (“NHRI”). While such an institution is direly needed in the Kingdom, the environment in which it would come to operate raises concern as to its expected effectivity and credibility. We urge the RGC to prioritize redressing Cambodia’s human rights situation prior to its establishment to ensure that its creation is motivated by a genuine interest in promoting and protecting human rights rather than by attempts to provide a veneer of credibility to the RGC’s proclaimed commitment to human rights.

When establishing an NHRI, due consideration must be given to the Paris Principles – the international minimum standards for NHRIs to be considered credible and able to operate effectively. Of paramount importance is the requirement of independence from governments. Unfortunately, all the institutions previously set up to be independent from the RGC have ended up being inactive or fully controlled by it, making us fear that the NHRI will know no different fate.

The current human rights environment that prevails in Cambodia adds to concerns that an NHRI established now would ultimately fail to meet its goal of protecting and promoting human rights. As in previous years, 2021 continues to witness the deterioration of the human rights situation, exacerbated by the COVID-19 global pandemic. Fundamental freedoms remain unrelentingly curtailed by the RGC. Civic space continues to shrink by the day, with national authorities regularly using an array of repressive tactics to suppress any critical voices, including the weaponization of the subservient judiciary to harass human rights defenders, opposition members, independent journalists, and other dissidents. In addition, the enactment of repressive laws and the amendments to existing laws illustrate the RGC’s tendency to prioritize the consolidation of its power over the interests and human rights of its citizens.

We recognize that an NHRI is needed in Cambodia to investigate human rights abuses. However, considering all of the above, we do not trust that the NHRI that the RGC intends to create will be independent, effective and credible. Rather, we are worried that in the current context, the establishment of a NHRI is a mere public relations exercise, destined to placate international criticism and condemnation of the RGC’s track-record on human rights.

Before moving forward with the establishment of an NHRI, we urge the RGC to restore human rights in Cambodia and create an environment conducive to its proper functioning and independence. In particular, we call on the RGC to reopen the civic space and ensure that fundamental freedoms are exercised freely by all, including dissenting voices; to immediately and unconditionally release all jailed prisoners of conscience and establish a truly independent judiciary; to repeal or amend all repressive laws to align them with international human rights standards; to cease the ongoing crackdown on human rights defenders, trade unions leaders, opposition members, independent journalists, and other critical voices; and to ensure an open, free and competitive political space ahead of upcoming elections.

This statement is endorsed by:

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The Phnom Penh Municipal Court on Sunday charged four members of the Mother Nature environmental movement with plotting an attack against the state and insulting the king, part of the targeted and outrageous persecution of frontline environmental defenders and grassroots activists by the government. Authorities should stop imprisoning and start listening to our youth activists who are on the front line of documenting the risks Cambodia faces from natural resource exploitation and environmental degradation. These activists are tirelessly and selflessly working for the nation’s best interests.

We, the undersigned communities and civil society groups, demand the immediate release of the arrested environmental activists, dropping of all charges, and a halt to the relentless repression and prosecution of the environmental movement.

Sun Ratha, Yim Leanghy and Alejandro Gonzalez-Davidson were charged with plotting and insulting the king (lèse majesté) under articles 453 and 437 (bis) of the Cambodian Criminal Code, which carry maximum prison sentences of 10 years and 5 years, respectively. A fourth activist, Ly Chandaravuth, was charged with plotting.

Three of the activists were sent to pre-trial detention in Phnom Penh’s Correctional Centers 1 and 2 on 21 June, while Gonzalez-Davidson remains outside the country after he was deported in 2015.

Ratha and Chandaravuth were arrested on Phnom Penh’s riverside along with Seth Chhivlimeng, who was later released. The trio were documenting runoff from drainpipes along the river. At the same time, Kandal province’s Koh Thom district authorities summonsed environmental activist Yim Leanghy for questioning and arrested him, later transferring him to Phnom Penh. The whereabouts of the four activists were kept secret for at least 24 hours after their initial arrest, putting undue stress on their families and depriving them access to prompt legal counsel.

The three activists were then brought to the Phnom Penh Municipal Court and questioned by the prosecutor on 19 June and charged on 20 June, with the plotting and insulting the king charges leaked to pro-government media even before they were conveyed to the activists’ lawyers. This type of subterfuge undermines the activists’ right to a fair trial.

Leanghy is a 32-year-old student who obtained a scholarship to study for a Master’s degree at the Royal University of Phnom Penh’s Institute of Foreign Languages. Ratha is a 26-year-old accountant who graduated from the University of Cambodia, where she was also studying on a scholarship. Chandaravuth is a 22-year-old law student in his 4th year of studying law at the Royal University of Law and Economics.

Their arrests are unfounded and the charges are baseless, and are yet another example of the Cambodian government and judiciary using trumped-up charges to imprison young human rights defenders. Advocating for human rights and demanding that the authorities protect the environment are not crimes, and jailing the country’s future generation of environmental defenders imperils us all.

The arrests come less than two months after the conviction of three other Mother Nature activists in May 2021, for baseless charges of incitement. Thun Ratha, Phuon Keoraksmey and Long Kunthea were convicted and sentenced to 18 to 20 months in prison for planning a one-woman march in Phnom Penh to advocate against the filling-in of Boeung Tamok, which has been carved out piecemeal to private interests and state institutions. Gonzalez-Davidson and another activist, Chea Kunthin, were also convicted in absentia.

In 2020, the government arrested at least 16 youth activists for protesting the detention of unionist Rong Chhun, who was arrested and charged with incitement for comments he made about the Cambodia-Vietnam border.

As overcrowded prisons across the country struggle with a COVID-19 outbreak, the government appears intent on arresting anyone who voices dissent or protests peacefully. The courts have shown little inclination to release people convicted for non-violent crimes early or on bail, but instead continue to incarcerate peaceful activists, putting their health at risk.

We demand that the members of the Mother Nature movement, and all environmental and human rights activists currently imprisoned, be released immediately and all charges against them dropped without condition.

Signed by:

1. 197 Land Community (Koh Kong)
2. Am Leang Community (Kampong Speu)
3. Affiliated Network for Social Accountability (ANSA)
4. Andong Trabek Land Community (Svay Rieng)
5. Alliance for Conflict Transformation (ACT)
6. Activities for Environment Community (AEC)
7. Building Community Voices (BCV)
8. Cambodian Alliance of Trade Unions (CATU)
9. Cambodian Labor Confederation (CLC)
10. Cambodian Food and Service Workers’ Federation (CFSWF)
11. Cambodian Human Rights and Development Association (ADHOC)
12. Cambodian Center for Human Rights (CCHR)
13. Cambodia Development People Life Association (CDPLA)
14. Cambodia’s Independent Civil Servants Association (CICA)
15. Cambodian Independent Teachers’ Association (CITA)
16. Cambodian Informal Economy Workers Association (CIWA-CLC)
17. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
18. Cambodian Tourism Workers Union Federation (CTWUF)
19. Cambodian Youth Network (CYN)
20. Center for Alliance of Labor and Human Rights (CENTRAL)
21. Chak Krey land Community (Banteay Meanchey)
22. Chi Kha Kraom Land Community (Koh Kong)
23. Chi Kha Leu Land Community (Koh Kong)
24. Chray Indigenous Community (Ratanakiri)
25. Choam Kravien Community (Tboung Khmum)
26. Coalition for Integrity and Social Accountability (CISA)
27. Coalition of Cambodian Farmers Community Association (CCFC)
28. Committee for Free and Fair Elections in Cambodia (COMFREL)
29. Community Peace-Building Network (CPN)
30. Community to Protect Nature (Pursat)
31. Dak Por Community (Kampong Speu)
32. Equitable Cambodia (EC)
33. Federation of Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC)
34. C.C Employees Union
35. Independent Democracy of Informal Economy Association (IDEA)
36. Independent Trade Union Federation (INTUFE)
37. Indigenous Community in Prame Commune (Preah Vihear)
38. Khmer Kampuchea Krom For Human Rights and Development Association (KKKHRDA)
39. Kleang Toek 78 Community (Siemreap)
40. Koh Sralao Fishery Community (Koh Kong)
41. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
42. Land Community (Pailin)
43. Lor Peang Land Community (Kampong Chhnang)
44. Mean Chey Land Community (Svay Rieng)
45. M’Lop Tapang
46. Mother Nature Cambodia (MNC)
47. Ou Damdaek Community (Kampong Thom)
48. Ou Vor Preng Community (Battambang)
49. Peace Bridges Organization (PBO)
50. Peam Ros Community (Kampong Speu)
51. People Center for Development and Peace (PDP-Center)
52. Phum Sela Khmer Land Community (Banteay Meanchey)
53. Phum Phsar Kandal Land Community (Banteay Meanchey)
54. Phnom Krom Community (Siemreap)
55. Ponlok Khmer (PKH)
56. Prey Peay Fishery Community (Kampot)
57. Prey Chher Pech Changvar Laor Chhert Community (Kampong Chhnang)
58. Rattanak Rokha Forestry Community (Oddar Meanchey)
59. Reaksmei Sameakki Community (Kampong Speu)
60. Rural Cambodia Technological Support Organisation (RCTSO)
61. Sahmakum Teang Tnaut (STT)
62. Samaki Chek Meas Community (Svay Rieng)
63. Samaki Romeas Haek Community (Svay Rieng)
64. Siem Reap Airport H.C.C Company Tourism Employees Union
65. Sofitel Phokeethra Hotel Independent Solidarity Union
66. Sre Prang Community (Tboung Khmum)
67. Ta Ni Land Community (Siemreap)
68. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
69. Trapeang Chour Community (Kampong Speu)
70. Transparency International Cambodia (TI)
71. Tourism Employees Union of Les Jardin Du Bassac
72. Tourism Employees Union of Cintri (Cambodia)
73. Tourism Employees Union of GSI
74. Youth Resources Development Program (YRDP)
75. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)

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May 3, 2021 – Press freedom remains a mere aspiration for independent media and journalists in Cambodia, as the trend of silencing them has been constant in the past few years. Consequently, Reporters Without Borders’s World Press Freedom Index 2020, which evaluates the overall performance of countries and regions in the world as regards media freedom, ranked Cambodia at a dismal 144 out of 180 countries assessed – falling 12 places since 2017 and categorizing it as a “not free” country.

Independent media outlets and journalists indeed continue to face numerous barriers to conducting their legitimate reporting work freely and without self-censorship. A recent report released by a local journalists’ association shed light on these obstacles and notably highlighted that in 2020 only, no less than 72 journalists were judicially harassed, with over 42 of them detained, questioned or imprisoned. Most of them were charged with incitement under Article 494 and 495 of the Cambodian Criminal Code, as it is for instance the cases of Sok Oudom, the owner of Rithysen radio station in Kampong Chhnang province and Ros Sokhet, a journalist and the publisher of the Khmer Nation newspaper, who both were convicted and received prison sentences. Furthermore, the case of RFA reporters Uon Chhin and Yeang Sothearin – arrested in November 2017 and charged with espionage and alleged production of pornography – is yet to be resolved. While they were released on bail in October 2019, the two former journalists have been left in legal limbo for over three years, with no resolution of their case in sight. We further call for the dropping of all charges against journalists Yeang Sotherarin, Uon Chhin, for the immediate release of convicted journalists Sok Oudom and Ros Sokhet and for the reinstatement of the revoked media licenses.

Worryingly, the COVID-19 pandemic has heightened intolerance of authorities to criticism, and journalists have become increasingly vulnerable to targeting and prosecution for their legitimate reporting activities on the topic. Between January and April 2021, three journalists were arrested and the licenses of six media outlets were revoked by the Ministry of Information for their reporting on the Government’s response to Covid-19. This has created a chilling effect among independent reporters, exacerbated self-censorship and hampered citizens’ access to vital information. In this context, we recall that the media, together with authorities, allows for the wide dissemination of Covid-related information to the public across the country. We, therefore, urge the RGC to recognize the ever more crucial role of journalists in this time of global health crisis and ensure that they can carry out their mission free of fear.

Besides, offenses against journalists continue to occur in all impunity. In 2020, at least 22 journalists were either attacked or threatened with violence while on duty and one journalist died in an alleged traffic accident without proper investigation. For instance, on 28 September 2020, four online news journalists were attacked by a group of plainclothes men who the journalists believed were timber traders seeking revenge on them after the reporters told police that the group had committed forestry crimes. Likewise, on 20 October 2020, two journalists were attacked while they were investigating the illegal activities of timber traders in Stung Treng province. While complaints with the relevant authorities were filed by the victim journalists, justice has yet to be delivered. In addition, since 1994, 13 journalists have been murdered for reporting on the Cambodian elites or allegations of corruption by high-ranking officials and the military. We further urge the RGC to take concrete actions to ensure that journalists are safeguarded while performing their crucial role and to put an end to the impunity of crimes committed against journalists by undertaking effective, independent, transparent investigations and prosecuting perpetrators in accordance with international human rights standards.

Besides, the RGC has pushed for more repressive legislation undermining freedom of expression online and offline. In April 2020, the Law on the Management of the Nation in a State of Emergency was adopted, giving unrestricted powers to the government to restrict fundamental freedoms including media freedom. The RGC also recently enacted a Sub-Decree on the Establishment of a National Internet Gateway that facilitates state mass surveillance and censorship by directing all internet traffic to a gateway controlled by the government. In addition, in January 2021, the General Commissariat of the National Police issued a directive to the municipal and provincial police stating that journalists are prohibited from filming police investigations on criminal activities, thus restricting press freedom. The government has also drafted a Law on Cybercrime containing provisions that would curtail freedom of expression online, if passed. We, therefore, call on the RGC to immediately amend or repeal all repressive laws and to ensure any future legislation is drafted in line with Cambodia’s international human rights obligations through a transparent and consultative process.

Cambodia cannot achieve democracy without a free and independent press that enables access to information as well as transparency and accountability of state institutions. The RGC needs to take concrete measures to allow a favorable environment in which press freedom is protected and promoted, and independent media and journalists can perform their crucial role freely and without facing harassment, retaliation, or risking their lives. Further, it is also equally important to encourage journalists to conduct their investigative and reporting duties in a professional and independent manner to ensure that they deliver accurate and reliable information to the public and contribute to improving governance.

This statement was endorsed by:
1. Alliance for Conflict Transformation Organization (ACT)
2. Asian Network for Free Elections (ANFREL)
3. Building Community Voice (BCV)
4. Cambodian Center for Human Rights (CCHR)
5. Cambodian Center for Independent Media (CCIM)
6. Cambodian Journalist Alliance Association (CamboJA)
7. Cambodian Youth Network (CYN)
8. Cambodian Human Rights and Development Association (ADHOC)
9. Center for Alliance of Labor and Human Rights (CENTRAL)
10. Community Legal Education Center (CLEC)
11. Committee for Free and Fair Elections in Cambodia (COMFREL)
12. Coalition of Cambodian Farmer Community (CCFC)
13. Cambodia Institute of Democracy (CID)
14. Coalition for Integrity & Social Accountability
15. Cambodian Human Rights Action Coalition (CHRAC)
16. Cambodian Independent Teacher Association
17. Community Peace-Building Network (CPN)
18. Cambodian Labor Confederation (CLC)
19. Cambodian Food and Service Workers Federation (CFSWF)
20. Cambodian Alliance of Trade Unions (CATU)
21. 92 Community, Phnom Penh
22. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
23. Equitable Cambodia (EC)
24. Independent Democratic Association of Informal Economy (IDEA)
25. International Federation of Journalists (IFJ)
26. Independent Trade Union Federation (INTUFE)
27. Klahaan
28. Lor Peang Community, Kompong Chhnang
29. Labor Rights Supported Union of Khmer Employee of Nagaworld (L.R.S.U)
30. Meanchey Community, Svay Rieng
31. Neutral and Impartial Committee for Free and Fair Elections in Cambodia
32. People Center for Development and peace
33. PONLERK KHMER
34. Phlov Rathpleung Community
35. Prek Takong 60m
36. Russey Srah Community
37. Sahmakum Teang Tnaut (STT)
38. Smor San Community
39. Svay Chekmeas, Svay Rieng Province
40. Transparency International Cambodia (TI)
41. Toul Sangke A Community
42. Women’s Media Center (WMC)
43. Youth Resource Development Program (YRDP)
44. Youth Council of Cambodia (YCC)
45. Youth for Peace

PDF format:  Download full statement in Khmer –Download full statement in English

April 6, 2021 – We, the undersigned groups, are calling on the government to direct all microfinance institutions (MFIs) and banks in the country to suspend all loan repayments and interest accrual for at least three months in order to give borrowers the opportunity to stay home and stay safe during the current COVID-19 outbreak without needing to fear losing their land or homes if they cannot repay their debt.

The garment, tourism, entertainment and construction sectors have been hit especially hard by the pandemic. These sectors employ hundreds of thousands of women, and women also hold 75% of microfinance loans, meaning in many cases this pandemic has hit women borrowers especially hard. Farmers, migrant workers, poor communities, informal workers, traders, small business people and street vendors have also seen incomes plummet. Very few people have been spared the economic effects of COVID-19. The government has already taken measures to ease some of the suffering caused by more than a year of economic turmoil. The cash transfers to many IDPoor individuals and the subsidy of garment worker wages have provided an important source of income for hundreds of thousands of people who needed help. Without these essential policies, the economic fallout of the global pandemic would have been much worse.

But the government did not take similarly swift action to offer relief to microfinance borrowers. The government’s request last year for MFIs and banks to implement relief for only certain sectors, without clear guidelines for which borrower qualifies or what type of relief to offer, effectively allowed the financial sector to set its own rules for restructuring loans. This means that in nearly all cases we have witnessed, banks and MFIs are suspending principal payments but continue to collect interest payments, and to calculate interest on these loans. This has resulted in record profits for some microloan providers as household incomes continue to fall as a result of the COVID-19 pandemic, and larger debt burdens for borrowers after their restructuring ends. This is not real relief.

With Cambodia now facing widespread community transmission and deaths due to COVID-19, widely implemented relief is needed. Incomplete restructuring for about 10% of microloans, as reported by the sector, is nowhere near enough to deal with the scale of this crisis. We renew our call, first made almost one year ago, for a suspension on all repayments, both principal and interest as well as interest accrual, for at least three months.

The ongoing outbreak has lasted more than a month now and continues to wreak havoc on many people’s livelihoods. Reports of debt-driven suicides are becoming more and more common. Similarly, reports of domestic violence – including murder – are also occurring within the context of mounting debt and financial stress. This stress has been accompanied by increasingly urgent calls from a variety of people and groups for debt relief and action from the government. Six youths were recently arrested and detained overnight after circulating a petition calling for a suspension of bank and MFI repayments, as well as other economic relief measures. With so many people afraid of losing their land or house due to repaying late, a case-by-case restructuring programme is simply not enough.

The pressure of microfinance and bank microloans, and the ways that pressure hurts both public health and land tenure security, have become open secrets. The minister of information recently posted and later deleted a message on Facebook that if you want to decrease the spread of COVID, the first thing that needs to happen is that banks need to suspend repayments. More recently, the spokesman for the General Department of Prisons urged people not to be jealous of prisoners, who don’t have to fear MFIs and banks seizing their homes. This comment both ignores the immense threats faced by prisoners during this crisis and reveals how commonplace it has become for borrowers to lose their land due to debt.

We are asking the government to help millions of people by ordering the profitable financial sector to help carry some of the economic burden. Borrowers are losing their land, foregoing medical care, and risking their health and safety during the pandemic to repay these debts. A three-month suspension, with the possibility of further extension, will help borrowers’ stay home, stay safe, and improve the overall situation in the country.

Signed,

1. 197 Land Community (Koh Kong)
2. Am Leang Community (Kampong Speu)
3. Affiliated Network for Social Accountability (ANSA)
4. Andong Trabek Land Community (Svay Rieng)
5. Alliance for Conflict Transformation (ACT)
6. Activities for Environment Community (AEC)
7. Areng Indigenous Community (Koh Kong)
8. Asean Tourism Employee Union of Raffles Le Royal Hotel (AEURLH)
9. Boeung Pram Community (Battambang)
10. Building Community Voices (BCV)
11. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
12. Buddhism for Peace Organization (BPO)
13. Bos Snor Community (Tbong Khmum)
14. Cambodian Alliance of Trade Unions (CATU)
15. Cambodian Labor Confederation (CLC)
16. Cambodian Food and Service Workers’ Federation (CFSWF)
17. Cambodian Human Rights Action Coalition (CHRAC)
18. Cambodian Human Rights and Development Association (ADHOC)
19. Cambodian Center for Human Rights (CCHR)
20. Cambodia Development People Life Association (CDPLA)
21. Cambodia’s Independent Civil Servants Association (CICA)
22. Cambodian Independent Teachers’ Association (CITA)
23. Cambodia Informal Economy Reinforcements Association (CIERA)
24. Cambodian Informal Economy Workers Association (CIWA)
25. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
26. Cambodian Tourism and Service Workers Federation (CTSWF)
27. Cambodian Tourism Workers Union Federation (CTWUF)
28. Cambodian Youth Network (CYN)
29. CamASEAN Youth’s Future (CamASEAN)
30. Cambodia Youth and Monk Network (CYMN)
31. Center for Alliance of Labor and Human Rights (CENTRAL)
32. Chi Kha Kraom Land Community (Koh Kong)
33. Chi Kha Leu Land Community (Koh Kong)
34. Chray Indigenous Community (Ratanakiri)
35. Choam Kravien Community (Tboung Khmum)
36. Coalition of Cambodian Apparel Workers Democratic Union (C. CAWDU)
37. Coalition for Integrity and Social Accountability (CISA)
38. Coalition Free Trade Union of the Women Textile (CFTUWT)
39. Coalition of Cambodian Farmers Community Association (CCFC)
40. Committee for Free and Fair Elections in Cambodia (COMFREL)
41. Community Peace-Building Network (CPN)
42. Community to Protect Nature (Pursat)
43. Dak Por Community (Kampong Speu)
44. Democratic Union of Worker of Angkor Beer Company
45. Equitable Cambodia (EC)
46. Federation of Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC)
47. Free Independent Trade Union Federation (FUFI)
48. Farmers Association for Peace and Development (FAPD)
49. Gender and Development Cambodia (GADC)
50. H.C.C Employees Union
51. Independent Democracy of Informal Economy Association (IDEA)
52. Independent Monk Network for Social Justice (IMNSJ)
53. Independent Trade Union Federation (INTUFE)
54. Indigenous Community in Prame Commune (Preah Vihear)
55. Khmer Kampuchea Krom For Human Rights and Development Association (KKKHRDA)
56. Kleang Toek 78 Community (Siemreap)
57. Koh Sralao Fishery Community (Koh Kong)
58. Kouy Indigenous Community (Preah Vihear)
59. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
60. Land Community (Pailin)
61. Lor Peang Land Community (Kampong Chhnang)
62. Mean Chey Land Community (Svay Rieng)
63. Mother Nature Cambodia (MNC)
64. National Independent Federation Textile Union of Cambodia (NIFTUC)
65. Ou Ampil Land Community (Banteay Meanchey)
66. Ou Damdaek Community (Kampong Thom)
67. Ou Vor Preng Community (Battambang)
68. Peace Bridges Organization (PBO)
69. People Center for Development and Peace (PDP)
70. Phum Sela Khmer Land Community (Banteay Meanchey)
71. Phum Phsar Kandal Land Community (Banteay Meanchey)
72. Phnom Krom Community (Siemreap)
73. Prek Ksach Land Community (Koh Kong)
74. Prey Lang Community (Kampong Thom)
75. Prey Lang Community Network (PLCN)
76. Prey Peay Fishery Community (Kampot)
77. Prey Chher Pech Changvar Laor Chhert Community (Kampong Chhnang)
78. Rattanak Rokha Forestry Community (Oddar Meanchey )
79. Reaksmei Sameakki Community (Kampong Speu)
80. Rural Cambodia Technological Support Organisation (RCTSO)
81. Sahmakum Teang Tnaut (STT)
82. Samaki Chek Meas Community (Svay Rieng)
83. Samaki Romeas Haek Community (Svay Rieng)
84. Samaki Sangkae Pi Mean Rith (Preah Vihear)
85. Siem Reap Airport H.C.C Company Tourism Employees Union
86. Sofitel Phokeethra Hotel Independent Solidarity Union
87. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chhnang)
88. Sre Prang Community (Tboung Khmum)
89. Steung Khsach Sor Forestry Resource (Kampong Chhnang)
90. Ta Ni Land Community (Siemreap)
91. Ta Noun Land Community (Koh Kong)
92. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
93. Tonlung Community (Tboung Khmum)
94. Trapeang Chour Community (Kampong Speu)
95. Transparency International Cambodia (TI)
96. Tourism Employees Union of Les Jardin Du Bassac
97. Tourism Employees Union of Cintri (Cambodia)
98. Tourism Employees Union of GSI
99. Union of Food and Service of Cambodia Beverage Company LTD
100. Union Service Workers of CHEVRON COMPANY (CAMBODIA) LIMITED SIEMREAP (USWCSR)
101. Union Service Workers of ALASKA Massage Center (USWAMC)
102. Workers’ Solidarity Strengthen Independent Union (WSSIU)
103. Youth Resources Development Program (YRDP)

Phnom Penh, 10 December 2020 – On Human Rights Day, we the 69 undersigned civil society organizations, call on the Royal Government of Cambodia (“RGC”) to respect the democratic principles and human rights enshrined in the Universal Declaration of Human Rights (“UDHR”) and the Constitution of the Kingdom of Cambodia (“the Constitution”), and fulfil its human rights obligations. We further call on the RGC to immediately end the targeting of activists, human rights defenders, journalists, political opposition supporters, and other critical voices that has tarnished 2020, and unconditionally release all of those arbitrarily detained.

This year marks the first time in 27 years Human Rights Day – which is celebrated across the world to commemorate the adoption of the UDHR – is not a public holiday in Cambodia. The removal of this public holiday is symbolic of the RGC’s unwillingness to promote human rights, and coincides with the increasing repression of human rights, fundamental freedoms and democracy in Cambodia.

Concerning legislative developments throughout the year have sought to dwindle individual freedoms, whether exercised online or offline. These include the Law on the Management of the Nation in the State of Emergency, promulgated in April, which grants the RGC powers to restrict the exercise of fundamental freedoms by the public without limit during a state of emergency. In addition, the January amendments to the Law on Trade Unions did not address the laws shortcomings, and as such the law continues to unduly restrict workers’ abilities to join and form trade unions. Further, three draft laws and sub-decrees threaten to further undermine human rights in Cambodia, namely the draft Law on Public Order, the draft Sub-Decree on the Establishment of the National Internet Gateway, and the draft Law on Cybercrime. If passed, these laws would criminalize everyday activities of the public both online and offline; permit the policing of clothing choices; and authorize mass surveillance and online censorship in a diminishment of fundamental freedoms.

In addition to these legislative developments, 2020 has also borne witness to significant assaults on the fundamental freedoms of expression, peaceful assembly and association, and Cambodia has garnered global attention due to a government crackdown on activists, human rights defenders and public-facing dissenting voices for exercising their fundamental freedoms. Over 120 individuals have been arrested so far this year for exercising their fundamental freedoms.

2020 witnessed an increase in the exercise of the freedom of peaceful assembly by the public. As the economic stress of COVID-19 hit the country, factory workers have increasingly taken to the streets. Communities affected by land disputes have continued to gather to seek redress from authorities, and environmental groups have protested the selling-off of Phnom Penh’s last remaining lakes. Further, groups have advocated for the release of individuals detained on perceived political charges. Concerningly, this increase in assemblies was met with interference and restrictions of assemblies by authorities and arrests of peaceful protestors. On 31 July, union leader Rong Chhun was arrested, and over 10 people were subsequently imprisoned for taking part in protests calling for his release. Further, there has been a surge in the use of force by the authorities against peaceful protestors, which was reported in at least 15 instances in 2020, almost double the number recorded last year. Unfortunately, youth activists and women human rights defenders bore the brunt of this.

Freedom of expression has also taken a serious hit in 2020, which has been characterized by an attack on online expression. A slew of individuals have been arrested and jailed for their various online activities, including factory worker and unionist Soy Sros who shared her labor rights concerns via Facebook, and rappers Kea Sokun and Long Puthera for their songs on social issues. Press freedom has also declined, with a detrimental trend of journalists being arrested and media outlets silenced. Three journalists, Sovann Rithy, Sok Oudom, and Ros Sokhet, were arrested this year and charged with incitement under Article 495 of the Criminal Code. Ros Sokhet and Sok Oudom remain in detention, and the announcement of Sok Oudom’s verdict has been postponed indefinitely. The RGC also revoked four licenses of media outlets, three of which belonged to those arrested.

Finally, freedom of association has also been targeted over the year. Environmental groups, such as the Prey Lang Community Network and the Mother Nature movement, as well as youth activist groups, including Khmer Thavrak, were frequently interfered with and several of their members were subject to arbitrary arrest and judicial harassment at the hands of authorities. These three groups were deemed illegal by the RGC for not complying with mandatory registration requirements of the   Law on Associations and Non-Governmental Organizations, which contravenes the right to freedom of association. Further, in 2020, trade unions had thousands of their members faced unemployment, with many reports of employers using COVID-19 as a guise to cull union members from their businesses. Unionists have been subject to harassment, and Mr. Touch Kosal, the president of Cambodia Tourism Workers Trade Union Federation received multiple warning letters threatening deregistration of the union from the Ministry of Labor and Vocational Training because of its support for worker’s strikes.  Moreover, 16 November 2020 marked three years since the dissolution of the Cambodia National Rescue Party (“CNRP”), which signaled a significant deterioration of democracy in Cambodia. Former members and supporters continue to face harassment, intimidation and violence. 2020 witnessed a mass summonsing of 139 former CNRP members to attend a trial hearing on 26 November 2020 over an alleged CNRP attempt to overthrow the government, and a series of violent attacks on CNRP members by third parties that remain largely uninvestigated.

Disappointingly, these human rights abuses are not unique, but rather have been an alarming pattern over the last few years. This has had a detrimental impact on Cambodian society, deterring individuals from public participation and fostering a culture of fear, political disillusionment and self-censorship. For a peaceful and thriving society, it is crucial that everyone, by virtue of their humanity, can exercise the fundamental freedoms they are entitled to and participate in public life and democracy.

The RGC committed to upholding the human rights  and democratic values enshrined in the UDHR and the core human rights conventions, and the importance of these documents is reflected by their place in the Constitution. On Human Rights Day, we call on the RGC to respect their human rights commitments by immediately ceasing the ongoing attack against all voices of dissent in the country, and releasing those arbitrarily detained for legitimately exercising their fundamental freedoms. We urge the RGC to ensure all existing and new laws are compatible with international human rights standards and to fulfil the commitments made during Cambodia’s third Universal Periodic Review.

This statement is endorsed by:

– END –

You can download the reports as PDF files here! Khmer – English

9 September 2020

We, the undersigned civil society groups, condemn the arrests of seven young activists over the past few days, and call for all charges against those imprisoned to be dropped immediately. We urge the government to end its campaign of fear and repression against peaceful youth and environmental human rights defenders, and ensure the rights of the Cambodian people to peacefully advocate for themselves, their families and their communities are respected.

On Monday September 7 Khmer Thavrak youth group member Tha Lavy, 19, was arrested while Read More

August 18, 2020 – We, the undersigned civil society groups, strongly condemn the Cambodian authorities’ use of violence against peaceful demonstrators and the recent arrests of more than a dozen activists.

Over the past few weeks, authorities have waged an increasingly brutal crackdown on peaceful protests that began after the arrest and imprisonment of union leader Rong Chhun at the start of August. Since Chhun’s arrest, six more individuals have been sent to pre-trial detention after advocating for his release. Authorities have also beaten and arrested relatives, most of whom are women, of former members of the dissolved opposition party who were protesting against their family members’ arrests.

It is not a crime to call for your family to be released from prison. It is not a crime to speak out against your friends’ arrest. It is not a crime to stand shoulder-to-shoulder with people in your community and demand justice. All Cambodians have the right to peacefully protest without being shoved, beaten or dragged off by police. We call on the government to immediately release those arrested, drop charges against them and fully respect the Cambodian people’s rights to free expression and assembly.

Chhun was arrested at his home during the night and remains in detention in response to comments he made about communities along the Vietnam border. Just days before his arrest he had joined a demonstration with hundreds of garment workers following the factory’s closure due to COVID-19.

On Thursday evening, six activists were arrested in Phnom Penh after repeatedly calling for the union leader’s release. Youth activist Chhoeun Daravy, who has a long history of social justice work and environmental activism, was dragged into a van by her hair after her belongings were forcibly seized by district security forces during the peaceful protest. Environmental activist Hun Vannak was later arrested by plainclothes officers mid-livestream while walking home from the demonstration.

Both activists were charged with “incitement to commit a felony” under articles 494 and 495 of the Criminal Code, which is punishable by up to two years in prison. Vannak is detained in Phnom Penh’s Correctional Centre 1 (CC1), whilst Daravy is in Correctional Centre 2 (CC2). The other four activists were released from custody after being pressured into signing contracts pledging not to take part in similar demonstrations.

The week before, four other activists linked to the forcibly dissolved opposition party were arrested in the capital after joining protests calling for Rong Chhun’s freedom. Two of them, Chhuo Peng and Chum Puthy, were also charged with incitement and detained at CC1. Eight Buddhist monks who had travelled from Battambang to join the demonstration were stopped by police and forced to return to their pagoda. Another activist, Sar Kanika, was arrested after joining protests for Rong Chhun’s release on 7 August and also charged with incitement before being detained in CC2.

Last Friday, Khmer Win Party leader Soung Sophorn was arrested and charged with incitement. He is currently detained in CC1. Sophorn has publicly called for the release of Rong Chhun, and was arrested shortly after visiting the same posts on the Vietnam border that Chhun viewed prior to his arrest.

This is the third time Hun Vannak has been arrested for his activism in recent years. He spent five months behind bars between 2017 and 2018 for documenting suspected illicit sand-dredging. Earlier this year, in May, he was held in custody for several hours after protesting for debt-relief from banks and microfinance institutions amid the global pandemic.

While this wave of arrests was sparked by Rong Chhun’s jailing, police and security forces have been increasingly violent in their suppression of peaceful assemblies. In the past several weeks, relatives of a number of imprisoned former opposition party members who have publicly called for their family members’ release have been shoved, kicked and dragged across the pavement by armed security.

Authorities have also drawn upon an increasingly wide range of excuses to keep protestors off the streets. On 3 August, a spokesperson for the Ministry of Justice issued a statement attempting to silence any protests which express an opinion about cases before the courts. The statement threatened legal action against protestors calling for the union leader’s release, labeling their peaceful protests an act of unlawful coercion of judicial authorities, which is punishable under article 522 of the Criminal Code by up to six months in prison. The same day, the Municipality of Phnom Penh issued an instruction declaring that the demonstrations had been contrary to measures to contain COVID-19, in seemingly a further effort to disrupt protests.

We call on Cambodian authorities to immediately release those who have been imprisoned for exercising their constitutional rights, drop charges against them and stop all violence against protesters.

Signed,
1. 197 Land Community (Koh Kong)
2. Affiliated Network for Social Accountability (ANSA)
3. Alliance for Conflict Transformation (ACT)
4. Activities for Environment Community (AEC)
5. Am Leang Community (Kampong Speu)
6. Andong Trabek Land Community (Svay Rieng)
7. Boeung Pram Community (Battambang)
8. Building Community Voices (BCV)
9. Buddhism for Peace Organization (BPO)
10. Cambodian Alliance of Trade Unions (CATU)
11. Cambodian Center for Human Rights (CCHR)
12. Cambodia Institute of Democracy (CID)
13. Cambodian Food and Service Workers’ Federation (CFSWF)
14. Cambodian Human Rights and Development Association (ADHOC)
15. Cambodia’s Independent Civil Servants Association (CICA)
16. Coalition for Integrity and Social Accountability (CISA)
17. Coalition of Cambodian Apparel Workers Democratic Union (C. CAWDU)
18. Cambodian Human Rights Action Committee (CHRAC)
19. Cambodian Independent Teachers’ Association (CITA)
20. Cambodian Informal Economy Workers Association (CIWA)
21. Cambodian Labor Confederation (CLC)
22. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
23. Cambodian Tourism and Service Workers Federation (CTSWF)
24. Cambodia Youth and Monk Network (CYMN)
25. Cambodian Youth Network (CYN)
26. Center for Alliance of Labor and Human Rights (CENTRAL)
27. Chek Meas Land Community (Svay Rieng)
28. Chi Kha Kraom Land Community (Koh Kong)
29. Chi Kha Leu Land Community (Koh Kong)
30. Choam Kravien Community (Tbong Khmum)
31. Chray Indigenous Community (Ratanakiri)
32. Coalition of Cambodian Farmers Community Association (CCFC)
33. Committee for Free and Fair Elections in Cambodia (COMFREL)
34. Community to Protect Nature (Pursat)
35. Dak Por Community (Kampong Speu)
36. Equitable Cambodia (EC)
37. Gender and Development Cambodia (GADC)
38. Haong Samnam Community (Kampong Speu)
39. Indigenous Youth for Community Ratanakiri
40. Indigenous Community in Prame Commune (Preah Vihear)
41. Independent Democracy of Informal Economy Association (IDEA)
42. Independent Monk Network for Social Justice (IMNSJ)
43. Indradevi Association (IDA)
44. Kouy Indigenous Community (Preah Vihear)
45. Khmer Kampuchea Krom For Human Rights and Development Association (KKKHRDA)
46. Klaing Toek 78 Community (Siem Reap)
47. Koh Sralao Fishery Community (Koh Kong)
48. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
49. Land Community (Pailin)
50. Lor Peang Land Community (Kampong Chhnang)
51. Mean Chey Land Community (Svay Rieng)
52. Minority Rights Organization (MIRO)
53. Mother Nature Cambodia (MNC)
54. Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC)
55. Not 1 More (N1M)
56. Ou Vor Preng Community (Battambang)
57. Peace Bridges Organization (PBO)
58. Phnom Krom Community (Siem Reap)
59. Phum Sela Khmer Land Community (Banteay Meanchey)
60. Phum Phsar Kandal Land Community (Banteay Meanchey)
61. Ponlok Khmer (PKH)
62. Prey Lang Community (Kampong Thom)
63. Prey Lang Community Network (PLCN)
64. Prey Peay Fishery Community (Kampot)
65. Prey Chher Pich Sangva Laor Chhert Community (Kampong Chnang)
66. Raksmey Samaki Community (Kampong Speu)
67. Rattanak Rokha Forestry Community (Oddar Meanchey)
68. Rural Cambodia Technological Support Organisation (RCTSO)
69. Sahmakum Teang Tnaut (STT)
70. SAMKY Organization
71. Samaki Romeas Haek Community (Svay Rieng)
72. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chnang)
73. Sre Prang Community (Tbong Khmum)
74. Steung Khsach Sor Forestry Resource Community (Kampong Chnang)
75. Ta Noun Land Community (Koh Kong)
76. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
77. Trapeang Chour Community (Kampong Speu)
78. Transparency International Cambodia (TI)
79. Youth Resource Development Program (YRDP)

PDF format: Download full statement in English – Download full statement in Khmer

August 3, 2020

We, the undersigned civil society groups, strongly condemn the nighttime arrest of Rong Chhun and call on the Royal Government of Cambodia and the Phnom Penh Municipal Court to immediately drop all charges against the union leader and release him from pre-trial detention.

Cambodian Confederation of Unions president Rong Chhun was arrested by police at his home late on Friday night after the government’s Cambodia Border Affairs Committee publicly called on authorities to take action against the unionist for his comments following a visit to the Cambodia-Vietnam border on July 20. Chhun – a member of the non-governmental Cambodia Watchdog Council – had given a radio interview just hours before his arrest denying that he had been spreading false information about alleged community land loss along the border in a public statement the week before.

Chhun was taken to Phnom Penh Municipal Court on Saturday morning and charged with “incitement to commit a felony or cause social unrest” under articles 494 and 495 of the Criminal Code before being sent to pre-trial detention in Phnom Penh’s notoriously overcrowded Correctional Centre 1. Dozens of supporters gathered outside the court all through the weekend to call for the unionist’s release despite security forces ordering them to disperse.

This charge – which could see Rong Chhun sentenced to up to two years in prison – is a clear violation of the unionist’s right to freedom of expression as guaranteed by Cambodia’s constitution.

Rong Chhun has been an outspoken advocate for workers’ rights in Cambodia for decades, having previously worked as president of the Cambodia Independent Teachers’ Association before becoming a member of the country’s National Election Committee.

On Wednesday, the union leader joined a group of more than 200 garment workers who gathered to submit a petition outside the home of Prime Minister Hun Sen to ask for his help following their factory’s closure due to the COVID-19 pandemic.

This is not the first time that Rong Chhun has been arrested for his activism. In October 2005, the unionist spent three months in prison on charges of defamation and incitement after being arrested for comments he had made about a Vietnam-Cambodia border agreement.

In January 2014, he was arrested again alongside ten other human rights defenders while publicly calling for the release of almost two dozen demonstrators arrested during the widespread protests that followed the 2013 national election.

After more than a decade of harassment by authorities, this latest arrest of a respected union leader is a direct threat to every Cambodian who exercises their constitutional right to freely express their beliefs without having to fear a midnight visit by police and years lost in prison. We call on the government and the court to uphold their obligations to guarantee freedom of expression under the constitution and international law and immediately drop all charges and release Rong Chhun.

Signed,

1. 92 Community (Phnom Penh)
2. 197 Land Community (Koh Kong)
3. 297 Land Community (Koh Kong)
4. 766 Land Community (Koh Kong)
5. 843 Land Community (Koh Kong)
6. 185K Tita Chambak Thom Community (Kampong Chnang)
7. Affiliated Network for Social Accountability (ANSA) CAMBODIA
8. Activities for Environment Community (AEC)
9. Alliance for Conflict Transformation (ACT)
10. Am Leang Community (Kampong Speu)
11. Andong Thmar Community (Preah Sihanouk)
12. Andong Trabek Land Community (Svay Rieng)
13. Banteay Srey Community (Phnom Penh)
14. Bat Khteah Community (Preah Sihanouk)
15. Boeung Kak Community (Kampong Chhnang)
16. Boeung Chuk Community (Phnom Penh)
17. Borei Keila Community (Phnom Penh)
18. Buddhism for Peace Organization (BPO)
19. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
20. Cambodian Alliance of Trade Unions (CATU)
21. Cambodian Center for Human Rights (CCHR)
22. Cambodian Center for Independent Media (CCIM)
23. Cambodia Institute of Democracy (CID)
24. Cambodian Food and Service Workers’ Federation (CFSWF)
25. Cambodian Human Rights and Development Association (ADHOC)
26. Cambodian Human Rights Action Committee (CHRAC)
27. Cambodia’s Independent Civil Servants Association (CICA)
28. Coalition for Integrity and Social Accountability (CISA)
29. Coalition of Cambodian Apparel Workers Democratic Union (C. CAWDU)
30. Coalition of Free Trade Union of The Women’s Textile (CFTUWT)
31. Cambodian Independent Teachers’ Association (CITA)
32. Cambodia Informal Economy Reinforce Association (CIERA)
33. Cambodian Informal Economy Workers Association (CIWA)
34. Cambodian Labor Confederation (CLC)
35. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
36. Cambodian Tourism Workers Union Federation (CTWUF)
37. Cambodian Tourism and Service Workers Federation (CTSWF)
38. Cambodia Youth and Monk Network (CYMN)
39. Cambodian Youth Network (CYN)
40. Center for Alliance of Labor and Human Rights (CENTRAL)
41. Chak Krey land Community (Banteay Meanchey)
42. Chambak Trang Community (Kampong Speu)
43. Chek Meas Land Community (Svay Rieng)
44. Choeung Prey Community (Kampong Cham)
45. Chi Kha Kraom Land Community (Koh Kong)
46. Choam Kravien Community (Tbong Khmum)
47. Chray Indigenous Community (Ratanakiri)
48. C I 5 Community (Preah Sihanouk)
49. Coalition of Cambodian Farmers Community Association (CCFC)
50. Committee for Free and Fair Elections in Cambodia (COMFREL)
51. Community Peace-Building Network (CPN)
52. Community to Protect Nature (Pursat)
53. Dak Por Community (Kampong Speu)
54. Dambae Community (Tbong Khmum)
55. Democratic Union of Worker of Angkor Beer Company
56. Equitable Cambodia (EC)
57. Free Independent Trade Union Federation (FUFI)
58. Free Trade Union of Workers of Kingdom of Cambodia (FTUWKC)
59. Gender and Development Cambodia (GADC)
60. Haong Samnam Community (Kampong Speu)
61. Indigenous Youth for Community Ratanakiri
62. Independent Democracy of Informal Economy Association (IDEA)
63. Independent Trade Union Federation (INTUFE)
64. Independent Monk Network for Social Justice (IMNSJ)
65. Indradevi Association (IDA)
66. Kem Ley Foundation Association (KLFA)
67. Kean Tuek Land Community (Koh Kong)
68. Khmum Srakar Thlok Russey Community (Kampong Thom)
69. Khmer Kampuchea Krom For Human Rights and Development Association (KKKHRDA)
70. Khmer Thavrak
71. Khum Seda Community (Tbong Khmum)
72. Klaing Toek 78 Community (Siem Reap)
73. Koh Sralao Fishery Community (Koh Kong)
74. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
75. Land Community (Pailin)
76. Lor Peang Land Community (Kampong Chhnang)
77. Mean Chey Land Community (Svay Rieng)
78. Mother Nature Cambodia (MNC)
79. Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC)
80. Not 1 More (N1M)
81. Ochheuteal Community (Preah Sihanouk)
82. Ou Ampil Land Community (Banteay Meanchey)
83. Ou Tracheak Chet Community (Preah Sihanouk)
84. Ou Vor Preng Community (Battambang)
85. Peace Bridges Organization (PBO)
86. Peam Ros Community (Kampong Speu)
87. People Center for Development and Peace (PDP)
88. Phnom Krom Community (Siem Reap)
89. Phnom Tor Toeung Community (Kampot)
90. Phnom Tnaut Community (Kampot)
91. Phum 22 Community (Phnom Penh)
92. Phum 23 Community (Phnom Penh)
93. Phum Dei Chhnang Community (Kampong Speu)
94. Phum Khva Community (Phnom Penh
95. Phum Sela Khmer Land Community (Banteay Meanchey)
96. Phum Phsar Kandal Land Community (Banteay Meanchey)
97. Phum Prasat Land Community (Banteay Meanchey)
98. Prek Ksach Land Community (Koh Kong)
99. Phnom Sleuk Community (Battambang)
100. Ponlok Khmer (PKH)
101. Prek Tanou Community (Phnom Penh)
102. Prek Takong Community (Phnom Penh)
103. Prek Trae Community (Preah Sihanouk)
104. Prey Cheou Ou Domdek Community (Kampong Thom)
105. Prey Lang Community Network (PLCN)
106. Prey Peay Fishery Community (Kampot)
107. Prey Chher Pich Sangva Laor Chhert Community (Kampong Chnang)
108. Promote for Human Right and Land Right Community (Kandal)
109. Tunlong Community (Tboung Khmum)
110. Railway Community (Phnom Penh)
111. Raksmey Samaki Community (Kampong Speu)
112. Rattanak Rokha Forestry Community (Oddar Meanchey)
113. Rural Cambodia Technological Support Organisation (RCTSO)
114. Sahmakum Teang Tnaut (STT)
115. Samaki 4 Community (Phnom Penh)
116. Samaki Romeas Haek Community (Svay Rieng)
117. Sambok Chab Community (Phnom Penh)
118. Setrey Klaing Sang Community (Phnom Penh)
119. Samros Koh Sdach Fishery Community (Koh Kong)
120. Sdey Krom Fishery Community (Battambang)
121. SILAKA
122. Skun Land Community (Siem Reap)
123. SOS International Airport Community (Phnom Penh)
124. Spean Chhes Community (Preah Sihanouk)
125. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chnang)
126. Sre Prang Community (Tbong Khmum)
127. Steung Khsach Sor Forestry Resource Community (Kampong Chnang)
128. Stung Bot Land community (Banteay Meanchey)
129. Tani Land Community (Siem Reap)
130. Ta Noun Land Community (Koh Kong)
131. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
132. Thnong Land Community (Koh Kong)
133. Thmar Da Community (Pursat)
134. Thmar Thom Community (Preah Sihanouk)
135. Toul Rada Community (Phnom Penh)
136. Trapeang Chour Community (Kampong Speu)
137. Trapeang Ropov Community (Kampot)
138. Transparency International Cambodia (TI)
139. Union Service Workers of ALASKA Massage Center (USWAMC)
140. Union Service Workers of CHEVRON COMPANY (CAMBODIA) LIMITED SIEMREAP (USWCSR)
141. Union of Food and Service of Cambodia Beverage Company LTD
142. Youth Resource Development Program (YRDP)

PDF format: Download full statement in English – Download full statement in Khmer