សេចក្តីថ្លែងការណ៍

Statement: More reforms needed beyond conditional releases of activists

November 24, 2021 – We the undersigned civil society groups welcome the release of more than 27 wrongfully imprisoned and unjustly convicted activists from prison in recent days and celebrate the fact that they are reunited with their families. However, many of these activists continue to face criminal charges or remain under judicial supervision with onerous conditions as a result of exercising their rights to freedom of expression, association, and peaceful assembly. No action has been taken to reform the laws and systems that led to their persecution and which have destroyed the space for activism and political participation in Cambodia.

Considering that many of the activists have been released on bail or remain subject to probation for several years following a suspended sentence, they are no longer able to undertake their work to defend human rights or the environment, speak out against injustices, or participate in political life without fear of arrest. Such releases also do not remedy the fact that the activists were wrongfully convicted and that many were detained for over one year in overcrowded prisons that one activist described as “hell”.

In addition, more than 60 other people, including journalists, political activists, social media users, and more than a dozen land rights activists, remain in prison over their work and activism. Charges of incitement and plotting are still regularly levelled against anyone who dares to speak out or criticise the government, and the normalisation of this repression and increasing self-censorship is a growing threat.

These releases are not substitutes for fundamental reforms to Cambodia’s laws and institutions. Cambodians face ongoing restrictions to the right to participate freely in politics and choose their leaders. The Cambodia National Rescue Party (CNRP) remains dissolved; other parties are denied the right to be formed; and all parties are subject to the decisions of the partial judiciary and the Ministry of Interior, which hold ultimate decision power over whether they can compete in upcoming elections.

Human rights in the country remain under constant threat by a politicised judiciary and repressive laws and decrees. Problematic legislative instruments include recent amendments to the Constitution, Law on Political Parties and election laws, as well as the Trade Union Law, the law governing NGOs and associations, the Covid-19 law, the Law on Telecommunications, and the establishment of a new National Internet Gateway. These amendments and laws must be repealed to restore Cambodia’s civic and political space.

While we celebrate these activists’ release, we also are reminded that their conditional release does not fix the structural injustices that they spoke out against prior to their arrest and that they and others remain under threat. We call on the government to take structural steps to restore democracy and civic space in the country, and to restore the fundamental rights of all Cambodians prior to the next elections. We further call on the government to release all political prisoners and activists persecuted for exercising their
fundamental rights; to overturn existing wrongful convictions; and to drop all charges, probationary requirements and judicial supervision for these released activists.

Joined by:
1. 197 Land Community (Koh Kong)
2. Am Leang Community (Kampong Speu)
3. Alliance for Conflict Transformation (ACT)
4. Activities for Environment Community (AEC)
5. Areng Indigenous Community
6. Boeung Pram Community (Battambang)
7. Building Community Voices (BCV)
8. Buddhism for Peace Organization (BPO)
9. Cambodian Alliance of Trade Unions (CATU)
10. Cambodian Labor Confederation (CLC)
11. Cambodian Food and Service Workers’ Federation (CFSWF)
12. Cambodian Human Rights and Development Association (ADHOC)
13. Cambodian Center for Human Rights (CCHR)
14. Cambodian Human Rights Action Coalition (CHRAC)
15. Cambodia’s Independent Civil Servants Association (CICA)
16. Cambodian Independent Teachers’ Association (CITA)
17. Cambodian Institute for Democracy (CID)
18. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
19. Cambodian Tourism Workers Union Federation (CTWUF)
20. Cambodian Youth Network (CYN)
21. Center for Alliance of Labor and Human Rights (CENTRAL)
22. Chi Kha Kraom Land Community (Koh Kong)
23. Chi Kha Leu Land Community (Koh Kong)
24. Charay 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. Gender and Development Cambodia (GADC)
34. Independent Democracy of Informal Economy Association (IDEA)
35. Independent Monk Network for Social Justice (IMNSJ)
36. Khmer Kampuchea Krom For Human Rights and Development Association (KKKHRDA)
37. Kouy Indigenous Community (Preah Vihear)
38. Kleang Toek 78 Community (Siemreap)
39. Koh Sralao Fishery Community (Koh Kong)
40. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
41. Land Community (Pailin)
42. Lor Peang Land Community (Kampong Chhnang)
43. Mean Chey Land Community (Svay Rieng)
44. Peace Bridges Organization (PBO)
45. People Center for Development and Peace (PDP-Center)
46. Phum Sela Khmer Land Community (Banteay Meanchey)
47. Ponlok Khmer (PKH)
48. Prek Ksach Land Community (Koh Kong)
49. Prey Peay Fishery Community (Kampot)
50. Prey Chher Pech Changvar Laor Chhert Community (Kampong Chhnang)
51. Prey Lang Community (Kampong Thom)
52. Rattanak Rokha Forestry Community (Oddar Meanchey)
53. Sahmakum Teang Tnaut (STT)
54. Samaki Chek Meas Community (Svay Rieng)
55. Samaki Romeas Haek Community (Svay Rieng)
56. Samaki Sangkae Pir Mean Rith (Preah Vihear)
57. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chhnang)
58. Sre Prang Community (Tboung Khmum)
59. Steung Khsach Sor Forestry Resource (Kampong Chhnang)
60. Ta Ni Land Community (Siemreap)
61. Ta Noun Land Community (Koh Kong)
62. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
63. Tonlung Community (Tboung Khmum)
64. Trapeang Chour Community (Kampong Speu)
65. Transparency International Cambodia (TIC)
66. Youth Resources Development Program (YRDP)

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Joint statement on Urban and rural communities call for inclusive development

We, Phnom Penh communities, have faced eviction and relocation as a result of the rapid growth of private and foreign investment. We, rural land communities, have similarly faced eviction as a result of unfair and unjust development projects, often implemented by both foreign and local investors.

Urban and rural development must be conducted in accordance with Cambodia’s laws, with fairness and equity, in order to create a foundation for true sustainable development.

Following our evictions, we have faced growing debts from microfinance institutions and banks; lost livelihoods; physical injuries; a lack of access to healthcare and education; and many other problems. These are the direct result of our unjust and unfair eviction and relocation. Land and housing are life, and without them our lives have suffered.

Eviction is a scary experience. Forced evictions are frightening, and authorities do not respect our human rights when the remove us from our land and our homes.

We have been removed from our homes and lost our land for a variety of reasons. Sometimes it was for city beautification, or improving order, or for increased security in society. But our forced relocations led us to resettle in areas that lacked public services and basic infrastructure, and moved us far from our livelihoods and workplaces. This has caused us to fall further into poverty and debt.

Even during the COVID-19 pandemic, communities in Phnom Penh and in the countryside have been pushed from their land, and are forced to deal with the issues of relocation while also struggling with the pandemic.

Authorities rarely consulted us first, and most times we were threatened and forced to relocate without prior consultation and compensation. We are wronged by local authorities, and we often turn to national institutions or the prime minister to resolve our conflicts. All we want is to have urban and rural development that is transparent, participatory, and prioritises equality and justice. We deserve this, as humans and Cambodian citizens.

 

On World Habitat Day 2021, we call on the government to:

– Promptly solve land and housing conflicts.
– Respect our right to life with dignity, and protect our land and housing rights.
– Stop the use of forced evictions, violence, and judicial harassment to threaten community members and land and housing rights activists.
– Conduct transparent and inclusive environmental and social impact assessments and pro-actively consult with affected communities before processing the development projects.
– Effectively implement housing policies focusing on upgrading existing poor community resettlements, rather than involuntary relocation.

 

Community Names:

  1. Phlov Roth Phleung Community
  2. 92 Community
  3. Rolos Cheung Ek Community
  4. Cheung Ek Group 3 Community
  5. Cheung Ek Group 4 Community
  6. Stoeung Meanchey Community
  7. Borie Kila Community
  8. Boeung Chhouk A Community
  9. Mithapheap Community
  10. Chroy Chongva Community
  11. Samroung Tboung Community
  12. Boeung Chhouk Community
  13. Boeung Trabek Phum 4 Community
  14. Phum 23 Community
  15. Toul Sangke A Community
  16. Trapeang Raingthmey Community
  17. Sen Reakreay Community
  18. Samroung Meanchey Community
  19. Borey Mithapheap Community
  20. Russey Srah Community
  21. Samaki Roung Roeung Community
  22. Prek Takong 60 M Community
  23. Prek Takong 3 Community
  24. Smor San Community
  25. Borey Doeum Sral Community
  26. Satrey Khlang Sang Community
  27. Niroth Boeung Chhouk Community
  28. Boeung Chhouk Meanchey Thmey II
  29. Stoeung Kombot Community
  30. Veal Sbov Community
  31. Satrey Khlahan Community
  32. Prek Takong Roung Roeung Community
  33. Lor Peang Community (Kompong Chhnang)
  34. Samaki Romeas Hek Community (Svay Rieng)
  35. Meanchey Community (Svay Rieng)
  36. Equitable Cambodia (EC)
  37. Urban Poor Women Development (UPWD)
  38. Cambodian Leagues for the Pormotion and Defense of Human Rights (LICADHO)
  39. Sahmakum Teang Tnaut (STT)

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JOINT STATEMENT: Redress Cambodia’s human rights situation before establishing an NHRI

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:

1 197 Land Community
2 Alliance for Conflict Transformation (ACT)
3 Am Leang Community (Kampong Speu)
4 Andong Trabek Land Community (Svay Rieng)
5 Boeung Pram Community (Battambang)
6 Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
7 Building Community Voice (BCV)
8 Cambodia Informal Economy Reinforced Association (CIARA)
9 Cambodia’s Independent Civil Servants Association (CICA)
10 Cambodian Alliance of Trade Unions (CATU)
11 Cambodian Center for Human Rights (CCHR)
12 Cambodian Center for Independent Media (CCIM)
13 Cambodian Food and Service Workers Federation (CFSWF)
14 Cambodian Human Rights and Development Association (ADHOC)
15 Cambodian Independent Teacher Association (CITA)
16 Cambodian Informal Economy Workers Association (CIWA)
17 Cambodian Informal Economy Workers Association (CIWA)
18 Cambodian Institute for Democracy (CID)
19 Cambodian Journalists Alliance Association (CamboJA)
20 Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
21 Cambodian Tourism Workers Union Federation (CTWUF)
22 Cambodian Youth Network Associatoin (CYN)
23 Cambodia’s Independent Civil Servants Association (CICA)
24 Center for Alliance of Labor and Human Rights (CENTRAL)
25 Chi Kha Kraom Land Community​ (Koh Kong)
26 Chi Kha Leu Land Community (Koh Kong)
27 Choam Kravien Community (Tboung Khmum)
28 Coalition for Integrity and Social Accountability (CISA)
29 Coalition of Cambodian Farmer Community (CCFC)
30 Coalition of Integrity and Social Accountability (CISA)
31 Committee for Free and Fair Elections (COMFREL)
32 Community Legal Education Center (CLEC)
33 Community to Protect Nature (Pursat)
34 Confederation of Cambodian Workers-Movement (CCW)
35 Dak Por Community (Kampong Speu)
36 Federation of Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC)
37 Free Independent Trade Union Federation (FUFI)
38 Independent Democracy of Informal Economy Association (IDEA)
39 Independent Trade Union Federation (INTUFEE)
40 Klaing Toek 78 Community (Siemreap)
41 Koh Sralao Fishery Community (Koh Kong)
42 Kouy Indigenous Community (Preah Vihear)
43 Labour Rights Supported Union Khmer Employees of Naga (L.R.S.U)
44 Land Community (Pailin)
45 Lorpeang Community (Kampong Chhnang)
46 Ou Vor Preng Community (Battambang)
47 Peam Ros Community (Kampong Speu)
48 People Center for Development and Peace (PDP-CENTER)
49 Phnom Krom Community (Siem Reap)
50 Ponlok Khmer (PKH)
51 Prey Lang Community (Stung Treng)
52 Prey Peay Land Community (Kampot)
53 Reaksmei Sameakki Community (Kampong Speu)
54 Sahmakum Teang Tnaut (STT)
55 Solidary House Confederation (SHC)
56 Sre Prang Community (Tboung Khmum)
57 Ta Noun Land Community (Koh Kong)
58 The Affiliated Network for Social Accountability (ANSA) Cambodia
59 Trapeang Chour Community (Kampong Speu)
60 Youth Resource Development Program (YRDP)

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Stop Evictions: Boeung Chhouk A community should not be evicted during the Covid-19 Pandemic

Photo by Community

Khan Russey Keo authorities forcibly evicted 20 households of Boeung Chhouk A community, located on Street 598, in Group III, Boeung Chhouk Village, Sangkat Kilometer 6, Khan Russey Keo, Phnom Penh, claiming that the land was to be used for public development. As of 4 August 2021, 11 of the 20 houses were demolished without compensation. The local authorities promised each of the households 500,000 Riel (approximately USD $125) which they have yet to receive.

Khan Russey Keo authorities invited all 20 households for a meeting on 28 August 2020, to discuss the compensation in the form of plots of land to be provided to the affected community members. According to a community representative, Khan Russey Keo authorities promised to provide each affected household a 4m by 15m plot of land located along O Veng Cannal in Khan Russey Keo. At the time, all 20 households accepted the offer, but they have yet to see these promised plots.

A community representative said that “It is difficult now because we did not receive proper compensation. For now, some families are living with their relatives, or renting houses and one family has nowhere to go so they are living here in a tent.”

In relation to the process of relocating this poor community, the Phnom Penh Municipality and all authorities should respect, protect and fulfill the rights of the people to adequate housing and an adequate standard of living. The United Nations “Guidelines on Evictions and Resettlement” should be implemented effectively by ensuring that a solution is reached using a participatory approach that involves the community. In addition, the authorities should resolve these issues in peaceful way by providing adequate and equitable compensation to the remaining families and to continue to support the families who have been relocated by providing public services such as water, electricity, roads, as well as employment opportunities or social protection if they are not able to find work.

 

 

Drop All Charges Against Mother Nature Activists, Release Imprisoned Rights Activists

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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JOINT STATEMENT World Press Freedom Day Promoting and Protecting Press Freedom guarantees Information as a Public Good

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

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JOINT STATEMENT: “THE GOVERNMENT MUST HAVE STRONG MEASURES TO GUARANTEE WORKERS’ HEALTH AND SAFETY AT WORK IN THE COVID-19 CRISIS”

We, as representatives of trade unions, associations, communities and civil society organizations working in the labour and human rights sectors in Cambodia join in the global campaign for occupational health and safety as part of Workers’ Memorial Day. This day is commemorated annually on the 28th of April to push stakeholders to acknowledge the importance of promoting occupational health and safety for employees in all workplaces across the world, as well as in Cambodia.

Occupational health and safety is of paramount importance in the contribution of employers, unions, the Government, development partners and civil society organizations for joint action to overcome the COVID-19 pandemic in Cambodia. The COVID-19 pandemic poses challenges for us to maintain productive processes whilst workers’ health and safety are of primary attention in the workplace. Many employers have acknowledged that guaranteeing occupational health and safety has many important economic and production benefits in the workplace. Unions see the importance of COVID-19 safety in the workplace as something which the Government and employers must pay more attention to, but many employees today continue to face a lack of COVID-19 safety in the workplace. This causes high risks in overcoming this deadly pandemic to ensure the recovery of the well-being of people and employees in all sectors, economic recovery and social order and stability in Cambodia in the future.

The collapse of under-construction buildings in Preah Sihanouk Province in 2019 and Kep Province in 2020 were tragedies for employees in the Cambodian construction industry. After these two incidents, we have observed that the Royal Government, through the Ministry of Land Management, Urban Planning and Construction found many unauthorised construction sites not using proper construction techniques, affecting public order. Many workers became victims of workplace accidents and lost their lives yearly. In the garment and footwear sectors, workers face a transportation system which takes them from their homes to the workplace in trucks lacking proper safety specifications and carrying excessive numbers of workers. There is no safety supervision and many workers have lost their lives in road accidents while travelling.

It is time to reform the state policy system to promote occupational health and safety and these rules must be routinely applied to companies, enterprises and institutions. The provision of suitable facilities for informal economy workers is also a necessity, requiring the involvement of workers’ representatives, the competent authorities and civil society organizations in the necessary national and lower-level policy reform processes in order to ensure social order for informal economy workers in Cambodia.

Separately, we as representatives of union federations, associations, communities and civil society organizations working in the labour and human rights sectors in Cambodia observe that the current COVID-19 situation has severe effects to the livelihoods, health and safety of construction, service, hotel and informal economy sector workers stemming from the crisis and the strong lockdown rules of the Royal Government in red zones and locked down areas in Phnom Penh and Kandal. So far, approximately two thousand employees have been found to be COVID-19 positive in more than 90 factories in Phnom Penh and a number of other factories. The biggest concern for workers’ health and safety and risks are in other factories which have not yet found COVID-19 cases and workers will face a risk of returning to their workplace in a situation where there is no guarantee of occupational health and safety.

From seeing the risks and challenges to workers’ occupational health and safety detailed above, we, as representatives of trade union federations, associations, communities and civil society organizations working in the labor and human rights sectors would like to make the following requests to the Royal Government and relevant stakeholders:

  1. Create a mechanism with workers’ representatives, employers, civil society organizations to monitor and evaluate occupational health and safety, in particular during the COVID-19 pandemic at construction sites and construction companies.
  2. Push for regular, effective, and transparent labor inspections to be conducted to inspect occupational health and safety conditions and immediately all construction companies across Cambodia with the National Social Security Fund (NSSF).
  3. Provide reasonable, clean accommodation to employees and pay additional attention to the provision of personal protective equipment such as masks, hand sanitiser and temperature checks in the workplace at factories, enterprises, and establishments which have not yet implemented the Ministry of Health’s rules or the World Health Organisation’s guidelines to ensure that workers are safe at work.
  4. Review workers’ system of travel and ensure social distancing in transportation to factories during the COVID-19 pandemic.
  5. Issue clear measures in workplaces facing risks, in particular at factories, and allow workers to take paid leave at appropriate times.
  6. Put in place social assistance programs such as emergency aid including food and other daily necessities provided in a timely manner during periods of lockdown, in particular for workers in red zones.
  7. Arrange clean, safe and suitable areas for traders, street vendors, market vendors and public vendors.

Phnom Penh 28 April 2021

This joint statement is endorsed by;

  1. The Cambodian Human Rights and Development Association (ADHOC)
  2. Sahmakum Teang Tnaut (STT)
  3. Cambodia Youth Network (CYN)
  4. Cambodian Alliance of Trade Unions (CATU),
  5. Independent Trade Union Federation (INTUFE),
  6. Committee for Free and Fair Elections in Cambodia (COMFREL)
  7. Coalition of Cambodian Farmers Community Association (CCFC)
  8. The Cambodian Food and Service Workers Federation (CFSWF)
  9. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
  10. Independent Democratic of Informal Economy Association (IDEA)
  11. Cambodia Tourism Workers Union Federation (CTWUF)
  12. Cambodian Center for Human Rights (CCHR)
  13. National Independent Federation of Textile Union of Cambodia (NIFTUC)
  14. Labor Rights Supported Union of Khmer Employee of Nagaworld (L.R.S.U)
  15. Center for Alliance of Labor and Human Rights (CENTRAL), Cambodia
  16. Solidarity House (SH)
  17. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
  18. Youth Resource Development Program (YRDP), Cambodia
  19. The Cambodian Human Rights Action Coalition (CHRAC)
  20. Cambodia Labor Confederation (CLC)
  21. Equitable Cambodia (EC)
  22. Free Independent Trade Union Federation (FUFI)
  23. Coalition of Cambodian Apparel Workers Democratic Unions (C.CAWDU)
  24. Cambodia Transportation Workers Federation (CTWF)
  25. Cambodian Industrial Workers Federation (CIWF)
  26. Cambodian Informal Economic Workers Association (CIEWA)
  27. Farmers Association for Peace and Development (FAPD)
  28. Cambodia Tourism Service Workers Federation (CTSWF)
  29. Cambodia Agriculture Workers Federation (CAWF)
  30. Coalition Free Trade Union of the Women Textile (CFTUWT)
  31. Cambodia Institute for Democracy (CID)
  32. Asian Tourism Employee Union of Raffles Le Royal Hotel (AEURLH)
  33. Workers’ Solidarity Strength Independent Union (WSSIU)
  34. Transparency International Cambodia (TI)
  35. Coalition for Integrity and Social Accountability (CISA)
  36. Cambodia Independent Civil Servant Association (CICA)

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

រូបភាពលីកាដូ៖ សមាជិក​ក្រុមយុវជន​ខ្មែរ​ថាវរៈ ជួបជុំគ្នានៅខាងមុខ ប្រាសាក់ និងអេអឹមខេ ដែលជាគ្រឹះស្ថានមីក្រូហិរញ្ញវត្ថុធំជាងគេទាំងពីរនៅកម្ពុជា។

Suspend Loan Repayments, Interest Accrual to Help Cambodian Borrowers

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.

Incomplete restructuring for about 10% of microloans, as reported by the sector, is nowhere near enough to deal with the scale of this crisis.

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)

Joint statement: Improve women’s rights in the workplace

Phnom Penh, 11 March 2021 – We, the undersigned civil society groups, are dismayed at reports that a police officer faced disciplinary action for posting on her personal Facebook account a picture of herself nursing her baby while in uniform. Sadly, this occurred only a day after International Women’s Day, exemplifying the challenges that must be overcome in order for women’s rights to become a reality in Cambodia.

Women should not be forced to choose between doing their job and providing vital care for their children. That a working mother would be scolded for attempting to do both – as is the case here – illustrates that the government has failed to protect women’s rights at work, despite Cambodia’s ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which protects the right to work free from discrimination.

Women make up nearly the same share of the labor force as men in Cambodia, but they remain underrepresented in leadership positions. Obsolete mindsets and entrenched cultural norms are at the root of this worrying reality. Moreover, the failure of many workplaces to provide adequate childcare facilities or accommodate working mothers’ needs are major obstacle preventing women from climbing the career ladder. For women’s rights in the workplace to be realized, it is paramount that childcare equipment and facilities, and breastfeeding breaks with pay, are made easily available to all working mothers, enabling them to pursue their career.

It is disturbing that the officer was originally encouraged to apologize for offending the dignity of her office and women and made to sign a contract agreeing to discontinue her behavior. Although – following significant public outcry – her supervisors later gave the official reason for her reprimand as her failure to seek their permission prior to posting the breastfeeding picture on Facebook, this explanation raises further concerns about freedom of expression. The right to express oneself is an internationally recognized right enshrined in Cambodia’s constitution, not a privilege or a favor that is granted; as such, it may only be restricted in narrowly-defined conditions, none of which were met in this case.

In view of all of the above, we call for the police officer’s supervisors to issue a public apology for their disappointing handling of the case and for the harm it may have caused their subordinate and other women across the country. Corrective action should be taken by the National Police to make sure that such an incident does not repeat itself and to ensure gender equity in its workforce.

We call on the Royal Government of Cambodia:

– To take appropriate measures to ensure that all working parents are supported in the workplace and that facilities accommodating working mothers’ particular needs are made available to them;
– To take steps to ensure that women’s rights in the workplace are better respected and promoted;
– To implement already accepted recommendations from its 2019 Universal Periodic Review, including redoubling efforts to eradicate discrimination against women;
– To adopt maternity protections laid out in ILO Convention 183; and
– To refrain from unnecessarily restricting freedom of expression.

This joint statement is endorsed by:

1 Action For Development (AFD)
2 ActionAid Cambodia (AAC)
3 Advocacy and Policy Institute (API)
4 Alliance for Conflict Transformation (ACT)
5 Association of Domestic Workers (ADW)
6 Association to Support Vulnerable Women (ASVW)
7 Cambodia Food Service Workers Federation (CFSWF)
8 Cambodia Labor Confederation (CLC)
9 Cambodia Tourism Workers Union Federation (CTWUF)
10 Cambodia’s Independent Civil-Servants Association
11 Cambodian Center for Human Rights (CCHR)
12 Cambodian Center for Independent Media (CCIM)
13 Cambodian Disabled People’s Organization(CDPO)
14 Cambodian Health and Education for Community (CHEC)
15 Cambodian Human Rights and Development Association (ADHOC)
16 Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
17 Cambodian Women’s Crisis Center (CWCC)
18 Cambodian Youth Network (CYN)
19 Center for Alliance of Labor and Human Rights (CENTRAL)
20 CHI KOR KROM 175 Families Community
21 Coalition of Cambodian Farmer Community (CCFC)
22 Community Legal Education Center (CLEC).
23 DanChurchAid Cambodia
24 Equitable Cambodia​ (EC)
25 Gender and Development for Cambodia (GADC)
26 Gender and Development Network (GADnet)
27 Independent Democracy of Informal Economy Association (IDEA)
28 Klahaan organization (Klahaan)
29 Legal Support for Children and Women (LSCW)
30 Mlup Baitong
31 Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC)
32 Reproductive Health Association Cambodia (RHAC)
33 Sahmakum Teang Tnaut (STT)
34 SILAKA Cambodia
35 The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
36 The Coalition for Integrity and Social Accountability (CISA)
37 Transparency International Cambodia
38 Women Peace Makers (WPM)
39 Youth Resources Development Program (YRDP) Cambodia

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

JOINT STATEMENT – On Human Rights Day, civil society organizations call for the Royal Government of Cambodia to respect its human rights obligations

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:

 

1 Affiliated Network for Social Accountability (ANSA)
2 Alliance for Conflict Tranformation (ACT)
3 Asean Tourism Employee Union of Cambodiana Hotel (ATEUCDH)
4 Asean Tourism Employee Union of Raffles Le Royal Hotel (AEURLH)
5 Asean Tourism Employee Union of Sunway Hotel Phnom Penh (AEUSHP)
6 Beong Tunle Mrech Community, Preah Vihear
7 Boeung Bram community
8 Boeung Chhouk Community, Phnom Penh
9 Borei Keila Community, Phnom Penh
10 Bu Sra community, MKR
11 Buddhism for Peace Organization (BPO)
12 Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
13 Building Community Voices (BCV)
14 Cambodia Alliance of Trade Unions (CATU)
15 Cambodia Center for the Protection of Children’s Rights (CCPCR)
16 Cambodia Food and Service Workers Federation (CSFWF)
17 Cambodia Human Rights and Development Association (ADHOC)
18 Cambodian Center for Human Rights (CCHR)
19 Cambodian Center for Independent Media (CCIM)
20 Cambodian Food and Service Workers Federation (CFSWF)
21 Cambodian Human Rights Action Coalition (CHRAC)
22 Cambodian Human Rights Action Coalition (CHRAC)
23 Cambodian Institute for Democracy (CID)
24 Cambodian Labour Confederation (CLC)
25 Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
26 Cambodian Tourism Workers Trade Union Federation (CTWUF)
27 Cambodian Youth Network (CYN)
28 Cambodia’s Independent Civil Servants Association (CICA)
29 Center for Alliance of Labor and Human Rights (CENTRAL)
30 Coalition Free Trade Union of the Women Textile (CFTUWT)
31 Coalition of Cambodian Apparel Workers Democratic Unions (C.CAWDU)
32 Coalition of Camodian Farmer Community (CCFC)
33 Committee for Free and Fair Elections in Cambodia (COMFREL)
34 Cooperation Committee for Cambodia Organization (CCC)
35 Equitable Cambodia (EC)
36 Fee Trade Union of Workers of the Kingdom of Cambodia (FTUWKC)
37 Former Boeung Kak Women Network Community, Phnom Penh
38 Free Independent Trade Union Federation (FUFI)
39 Gender and Development for Cambodia
40 Independent Democratic of Informal Economy Association (IDEA)
41 Independent Trade Union Federation (INTUFE)
42 Khmer Kampuchea Krom for Human Rights and Development (KKKHRDA)
43 Koun Kriel Community, OMC
44 Labor Rights Supported Union at Nagaworld (LRSU)
45 Land Community, Prek Chik Village, Chikhor Kraom Commune, Koh Kong Province
46 Lor Peang Land Community, Kampong Chhnang Province
47 National Independent Federation Textile Union of Cambodia (NIFTUC)
48 Natural Resources Protection Community in Krakor district, Pursat province.
49 Network for Prey Lang Protection, Kampong Thom
50 Pailin Land Community, Pailin Province
51 Peace Bridges Organization
52 Phnom Bat Community
53 Phnom Krom Community, Siem Reap
54 Phum 23 Community, Phnom Penh
55 Prey Peay Community, Kampot
56 Prome Community, Preah Vihear
57 Railway Station, Toul Sangkae A Community, Phnom Penh
58 Sahmakum Teang Tnaut (STT)
59 Sdey Krom Rorhal Suong Community, Battambang
60 SOS International Airport Community, Phnom Penh
61 Tany 197 Community, Chikhor Leur commune, Koh Kong povince
62 The Advocacy and Policy Institute (API)
63 The Cambodian Center for the Protection of Children’s Rights ( CCPCR)
64 The Coalition for Integrity and Social Accountability (CISA)
65 Thma Da commune, Pursat province
66 Toul Sangke B Community, Phnom Penh
67 Transparency International Cambodia (TIC)
68 Urban Poor Women Development (UPWD)
69 Youth resource Development Program (YRDP)

– END –

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

Release Imprisoned Activists and End Crackdown Against Young Cambodians

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

យុវតី ឈឿន ដារ៉ាវី​ កំពុង​ត្រូវបាន​រុញច្រាន​ដោយ​កម្លាំង​សន្ដិសុខ​ខណ្ឌ​នៅខាង​មុខ​សាលា​ដំបូង​រាជធានី​ភ្នំពេញ ​នៅមុនពេល​ចាប់ខ្លួន​នាង​ កាលពីថ្ងៃទី១៣​ ខែសីហា​ ឆ្នាំ២០២០​ ខណៈដែលនាង​​កំពុងតវ៉ា​​ឱ្យ​ដោះលែង​ប្រធាន​សហជីព​ លោក រ៉ុង​ ឈុន ​ដែលកំពុង​ត្រូវបាន​ឃុំខ្លួន​ក្នុងពន្ធនាគារ ។​

The Cambodian Government Must Stop Beating and Arresting Peaceful Protesters

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.

Youth activist Chhoeun Daravy was being shoved by district para-police in front of municipal court, just before her arrest, while protesting for the release of imprisoned union leader Rong Chhun on August 13, 2020.

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

Drop All Charges Against Arrested Union Leader Rong Chhun

August 3, 2020

Supporters gather outside the Phnom Penh Municipal Court to call for the release of arrested union leader Rong Chhun

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

Suspend development projects destroying the Tompoun/Cheung Ek wetlands

New report reveals human rights abuses and environmental devastation as private developments threaten to flood Phnom Penh

27 July 2020

Cambodian League for the Promotion and Defense of Human Rights (LICADHO), Cambodia Youth Network (CYN), Equitable Cambodia (EC), Sahmakum Teang Tnaut (STT)

More than one million people across Phnom Penh are facing the risk of increased flooding and over one thousand more families are at risk of evictions, loss of income and food insecurity as the ING City project and other unsustainable developments destroy the Tompoun/Cheung Ek wetlands in the capital’s south.

The research report, Smoke on the Water: A human rights and social impact assessment of the destruction of the Tompoun/Cheung Ek wetlands, has found that millions of Cambodians will likely be affected by the destruction of the Tompoun/Cheung Ek wetlands by ING Holdings and other private corporations including Chip Mong, AEON Mall, Orkide Villa, and Borey Peng Huoth. Human rights and environmental groups surveyed 469 families living in or using the wetlands area and its rivers. The resulting report sheds light on the potentially devastating impacts of destroying 1,500 hectares of wetlands that sustain local communities and play a vital role in Phnom Penh’s waste management and flood prevention.

“I think it must affect the poor people who grow vegetables and fish on the lake as we depend on the lake for our daily living.” – Community member from wetlands, May, 2020  

Without these wetlands, more than a million people in Phnom Penh will endure increased flooding. For communities downstream, the rampant private developments will result in widespread loss of livelihoods and could see more than one thousand families forced out of their homes. Large swathes of the wetlands that were previously public property, or met the criteria to be considered public property, have now been allocated to development groups because of Governmental decrees between 2017 and 2019. As a result, what was once at least 1,500 hectares of wetlands is now slated to be reduced to a mere 107 hectares in size. These wetlands serve two vital public services: alleviating flooding from Phnom Penh by storing all the city’s rainwater, and partly treating the city’s wastewater before it reaches fish stocks in the Bassac River. The Japanese International Cooperation Agency (JICA) has planned to provide an expensive wastewater treatment plant that will treat less than 2% of the wastewater currently entering the wetlands on a daily basis.

Human Rights

Fundamental human rights such as the rights to adequate housing, social security, work, food, education, participation in social affairs, water and health are all under threat due to the ING City project and other developments on the wetlands. Flooding and loss of livelihoods are already widely reported across the communities surveyed. Many families reported that their primary income was based on planting crops on the wetlands, or by fishing in the area, which they will not be able to do once the wetlands are destroyed. Additionally, the right to adequate housing may be compromised as eviction is a very real possibility for the hundreds of households without land titles. Many of these families are suffering from widespread indebtedness, lack of access to the ID Poor program and an almost complete lack of community consultation by the private companies leading the development.

“The Government has the responsibility to ensure that it protects the people from human rights abuses. This report is designed to highlight the risks so that the Government can take action where appropriate now.” – Soeung Saran (STT)

Environmental degradation

Over 90% of the wetlands will be destroyed and the Bassac and Mekong rivers polluted because of these developments. Aquatic crops planted on the lake surface currently treat the capital’s wastewater before it exits the wetlands into the Bassac River. Should the wetlands be lost, wastewater will either enter the Bassac River, the Mekong River, or both, untreated, posing serious risks to fish populations and communities that depend on the river for water and food. The wetlands are home to a host of wildlife, including several threatened species. The destruction of these wetlands will put these animals, and the broader biodiversity of this area, at serious risk.

“Fish may die, birds may die, and this will of course affect other animals and humans. It is not clear what mitigations are in place to protect against this unrepairable environmental damage. Gov’t needs to ensure the laws are respected and strong environmental and social safeguards are in place. More research and public participation is required for projects like this as it will affect millions of citizen and the future of the Phnom Penh City” – Eang Vuthy (EC)

The report also finds that much of the sand used to infill the wetlands area is being dredged from the Mekong and Bassac rivers. The amount of sand required to fill in the wetlands is estimated conservatively to be 77,000,000m3, or more than 100 million tonnes. Sand dredging from the nearby rivers poses a significant risk to the environment and local populations living nearby.

Please see the websites of LICADHO, CYN, EC and STT for the full research report.

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

 

For media contact:


  • Am Sam Ath, Deputy Director of Monitoring of LICADHO.

Stop evictions: Banteay Sleuk community should not be evicted during the pandemic of COVID 19

Photo by Community

Municipality of Phnom Penh, in cooperation with local authorities, has relocated Banteay Sleuk community, located in Village 4, Sangkat Tumnup Teuk, Khan Boeung Keng Kang, Phnom Penh (behind Sovanna Shopping Mall). 87 households were moved to a  relocation site  in the 7NG development area, about 30 kilometres away from their old homes. This eviction and relocation was implemented on the morning of Saturday July 11, 2020.

Before the eviction and relocation, the administration of Mulnicipality of Phnom Penh, in cooperation with Boeung Keng Kang District, invited all 87 families for a meeting on the morning of July 8, 2020, for allocating relocation plots of land. The families recieved a plot of land with a width of 4 meters and a length of 15 meters (4m x 15m). The authorities offered only three days for people to prepare to move from their old location, which was not discussed during the meeting on July 8.

In response to the authorities’ action, the community has asked all relevant authorities to delay the demolition of their houses on the grounds that this is a time when almost all residents are facing many problems, especially loss of revenue due to the problem of the Covid-19 epidemic and now is the onset of the raining season. One community member said,

“If we relocate now, there will not be enough money to build a new house at the new location, because we only received compensation for land and $100 from Municipality of Phnom Penh.”

According to some of the communities that STT has interviewed, the fact that community residents are not protesting directly against their eviction and relocation is not evidence that they agree to be relocated or that their human rights are being respected.

Therefore, in relation to the process of relocating this poor community and as a civil society organization working directly with the urban poor, STT would like to request the Phnom Penh Municipality and all authorities respect the rights of the people to adequate housing. The United Nations “Guidelines on Evictions and Resettlement” should be implemented effectively and ensure that it is a participatory solution that involves the community. In addition, we ask the authorities resolve these issues by providing fair and equitable compensation to the remaining families and continue to support the families who have been relocated by providing public services such as water, electricity, roads, as well as employment opportunities or additional compensation if they are not able to find work.

Sovann Rithy arrives at the Phnom Penh Municipal Court escorted by police in April 2020. Photo courtesy of CamboJA.

Release Imprisoned Journalists and End Media Crackdown

May 18, 2020 – We, the undersigned civil society groups, urgently call on the government to drop all charges against imprisoned journalists Sok Oudom and Sovann Rithy and to halt all harassment of other journalists in Cambodia facing prosecution for their critical reporting. We also urge the government to immediately restore the broadcasting licenses of all media outlets revoked before and during this latest assault on press freedom.

Police arrested local radio station owner Sok Oudom in Kampong Chhnang province on Wednesday on charges of “incitement to commit a felony”. Oudom regularly reported on longstanding land disputes between local farming communities and powerful district officials. The day before Oudom’s arrest, the Ministry of Information revoked the media license of his Rithysen Radio Station and its website, despite the fact that Oudom had yet to be charged with any crime. He remains in pre-trial detention.

The incarceration of Sok Oudom and the abrupt silencing of his media outlet follows the arrest of popular journalist Sovann Rithy in early April for accurately quoting Prime Minister Hun Sen’s own words from a public speech on the government’s response to the global COVID-19 pandemic.

Addressing the nation, the Prime Minister publicly and repeatedly stated that the government did not have enough money to support informal workers such as motorcycle taxi drivers through the COVID-19 economic crisis, and advised bankrupt taxi drivers to sell their vehicles in order to survive.

When Rithy reposted the Prime Minister’s remarks on his personal Facebook page, he was arrested that night and charged two days later – again with of “incitement to commit a felony”. Rithy’s news outlet TV FB stripped of its broadcasting license the day after his arrest. Rithy remains in pre-trial detention, having missed the birth of his child while in prison. Both Oudom and Rithy face up to two years in prison if convicted.

By arresting and charging a journalist for publicly quoting the Prime Minister’s own words about the pandemic, the government is sending a clear message that any discussion of the government’s response to the outbreak can and will be punished by imprisonment – a violation of the rights of all Cambodians.

Since the start of the year, at least a dozen journalists have been summoned and questioned by police and judicial authorities as a result of their reporting. The ongoing arrest, detention and judicial harassment of journalists for critical reporting is a serious violation of the Cambodian people’s right to information.

We strongly object to the arbitrary arrest and persecution of any journalist in Cambodia targeted over their reporting. Faced with an unprecedented public health crisis, it is now more important than ever that the government guarantees the right to a free press and freedom of expression. Without journalists who are free to honestly and accurately report on the reality of life in Cambodia during the global COVID-19 pandemic, the public are denied the right to make informed decisions to keep themselves and their families safe.

We call on the government to drop all charges against these journalists and to immediately halt this latest crackdown on press freedom in Cambodia.

Signed,
1. 92 Community (Phnom Penh)
2. 185K Tita Chambak Thom Community (Kampong Chnang)
3. 197 Land Community (Koh Kong)
4. 297 Land Community (Koh Kong)
5. Alliance for Conflict Transformation (ACT)
6. Angdoung Thmor Community (Preah Sihanouk)
7. Angdoung Trabek Land Community (Svay Rieng)
8. Areng Indigenous Community (Koh Kong)
9. Bat Khteah Community (Preah Sihanouk)
10. Boeng Chhuk Community (Phnom Penh)
11. Boeung Kak Community (Kampong Chhnang)
12. Boeung Pram Community (Battambang)
13. Borei Keila Community (Phnom Penh)
14. Bos Sa Am Community (Battambang)
15. Buddhism for Peace Organization (BPO)
16. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
17. Building Community Voice (BCV)
18. CamASEAN Youth’s Future (CamASEAN)
19. Cambodia’s Independent Civil Servants Association (CICA)
20. Cambodia Indigineous Youth Association (CIYA) (Ratanakiri)
21. Cambodia Youth and Monk Network (CYMN)
22. Cambodian Alliance of Trade Unions (CATU)
23. Cambodian Center for Human Rights (CCHR)
24. Cambodian Center for Independent Media (CCIM)
25. Cambodian Domestic Workers Network (CDWN)
26. Cambodian Food and Service Workers’ Federation (CFSWF)
27. Cambodian Human Rights and Development Association (ADHOC)
28. Cambodian Informal Economy Workers Association (CIWA)
29. Cambodian Independent Teachers’ Association (CITA)
30. Cambodian Journalists Alliance (CamboJA)
31. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
32. Cambodian Tourism and Service Workers Federation (CTSWF)
33. Cambodian Youth Network (CYN)
34. Center for Alliance of Labor and Human Rights (CENTRAL)
35. Chek Meas Land Community (Svay Rieng)
36. Chikor Kraom Land Community (Koh Kong)
37. Chikor Leu Land Community (Koh Kong)
38. Choeung Prey Community (Kampong Cham)
39. Chorm Kravean Community (Kampong Cham)
40. Chray Indigenous Community (Ratanakiri)
41. Coalition for Integrity and Social Accountability (CISA)
42. Coalition of Cambodian Apparel Workers Democratic Union (C. CAWDU)
43. Coalition of Cambodian Farmers Community Association (CCFC)
44. Collective Union of Movement of Workers (CUMW)
45. Committee for Free and Fair Elections in Cambodia (COMFREL)
46. Community for Nature Protection (Pursat)
47. Da Commune Community (Kampong Cham)
48. Dok Por Community (Kampong Speu)
49. Equitable Cambodia (EC)
50. Fishery Community (Koh Kong)
51. Forestry and Natural Resource Community (Pursat)
52. Free Trade Union of Workers of Kingdom of Cambodia (FTUWKC)
53. Horng Samnom Community (Kampong Speu)
54. Independent Democracy of Informal Economy Association (IDEA)
55. Independent Monk Network for Social Justice (IMNSJ)
56. Indradevi Association (IDA)
57. Kbal Tahean Forestry Community (Pursat)
58. Kean Teuk Land Community (Koh Kong)
59. Khmer Thavrak
60. Khmum Srakar Thlok Risey Community (Kampong Thom)
61. Klaing Teuk 78 Community (Siem Reap)
62. Koh Sdech Land Community (Koh Kong)
63. Koh Sralao Fishery Community (Koh Kong)
64. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
65. Land Community (Pailin)
66. Lor Peang Land Community (Kampong Chhnang)
67. Mother Nature Cambodia (MNC)
68. Network for Prey Lang Protection in Mean Rith Commune (Kampong Thom)
69. Not 1 More (N1M)
70. Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC)
71. Orm Laing Community (Kampong Spue)
72. Ou Ampil Land Community (Banteay Meanchey)
73. Ou Chheu Teal Community (Preah Sihanouk)
74. Ou Tracheak Chet Community (Preah Sihanouk)
75. Ou Vor Preng Community (Battambang)
76. Peace Bridges Organization (PBO)
77. Peam Reus Community (Kampong Speu)
78. Phnom Bat Community (Phnom Penh)
79. Phnom Thnort Community (Kampot)
80. Phsar Kandal Village Land Community (Banteay Meanchey)
81. Phnom Kram Community (Siem Reap)
82. Phnom Sleuk Community (Battambang)
83. Phnom Torteong Community (Kampot)
84. Phum 22 Community (Phnom Penh)
85. Phum Dei Chhnang Community (Kampong Speu)
86. Phum Khva Community (Phnom Penh)
87. Phum Samut Kram Community (Ratanakiri)
88. Phum Ou Svay Land Community (Banteay Meanchey)
89. Phum Prasat Land Community (Banteay Meanchey)
90. Phum Sela Khmer Land Community (Banteay Meanchey)
91. Ponlok Khmer (PKH)
92. Prek Ksach Land Community (Koh Kong)
93. Prek Takung Community (Phnom Penh)
94. Prek Tanou Community (Phnom Penh)
95. Prek Trae Community (Preah Sihanouk)
96. Prey Chher Pich Sangva Laor Chhert Community (Kampong Chhnang)
97. Prey Lang Community (Kampong Thom)
98. Prey Cheou Ou Domdek Community (Kampong Thom)
99. Prey Norin Community (Battambang)
100. Prey Peay Land Community (Kampot)
101. Railway Community (Phnom Penh)
102. Raksmey Samaki Community (Kampong Speu)
103. Rattanak Rokha Forestry Community (Oddar Meanchey)
104. Rum Cheik Land Community (Siem Reap)
105. Russey Sras Community (PP)
106. Samaki 4 Community (Phnom Penh)
107. Samaki Rung Roeung Community (Phnom Penh)
108. Sahmakum Teang Tnaut (STT)
109. Sambok Chab Community (Phnom Penh)
110. Sdey Krom Fishery Community (Battambang)
111. Skun Land Community (Siem Reap)
112. Somros Koh Sdech Fishery Community (Koh Kong)
113. SOS International Airport Community (Phnom Penh)
114. Spean Chhes Community (Preah Sihanouk)
115. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chnang)
116. Sre Prang Community (Tbong Khmum)
117. Steung Bort village Land community (Banteay Meanchey)
118. Steung Khsach Sor Forestry Resource (Kampong Chhnang)
119. Steung Meanchey Community (Phnom Penh)
120. Strey Klaing Sang Community (Phnom Penh)
121. Tani Land Community (Siem Reap)
122. Ta Noun Land Community (Koh Kong)
123. Ta Pen Community (Siem Reap)
124. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
125. Thnong Land Community (Koh Kong)
126. Trapaing Chor Community (Kampong Speu)
127. Trapaing Krasaing Land Community (Siem Reap)
128. Thmor Da Community (Pursat)
129. Thmor Thom Community (Preah Sihanouk)
130. Toul Rada Community (Phnom Penh)
131. Toul Sangke A Community (PP)
132. Tunlong Community (Kampong Cham)

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

JOINT STATEMENT Civil Society Organizations call for the Royal Government of Cambodia to Amend the State of Emergency Law to Protect Human Rights

Phnom Penh, 13 May 2020 – Without urgent and substantial amendment, the new Law on the Management of the Nation in State of Emergency (“State of Emergency Law”) grants the Royal Government of Cambodia (“RGC”) powers to restrict the fundamental freedoms of the Cambodian people without limit. The recently promulgated State of Emergency Law was impulsively drafted without adequate consultation to protect and promote human rights. While we acknowledge that the RGC has stated that their goal in drafting this law was to protect public health during the COVID-19 pandemic, we, the undersigned civil society organizations (“CSOs”) and communities, are very concerned that this law grants the RGC excessive powers to restrict fundamental freedoms and therefore poses a serious threat to human rights. We call on the RGC to undertake immediate and meaningful consultation with relevant stakeholders, including the Office of the United Nations High Commissioner for Human Rights (“OHCHR”), and substantially amend the State of Emergency Law to ensure its compliance with Cambodia’s human rights obligations.

The State of Emergency Law was hastily passed in the context of a years-long government campaign to suppress and silence dissenting voices among the Cambodian public, civil society and independent media. Since the beginning of the COVID-19 pandemic, civil society has witnessed increased restrictions by the RGC on the Cambodian people’s right to freedom of expression as guaranteed in the Constitution of the Kingdom of Cambodia (the “Constitution”). These measures have included the arrests of 40 people accused of sharing ‘fake news’ about the virus, as reported by the national police, the arrest of prominent reporter Sovann Rithy and the revocation of TVFB’s broadcasting license as well as public threats to arrest human rights defenders who have commented on the government’s response to the pandemic. We are legitimately concerned that this campaign of silencing the Cambodian people could be exacerbated through implementation of the State of Emergency Law.

A declaration of a state of public emergency is not a free-for-all on human rights. Under domestic and international law, Cambodia may introduce legislation to govern states of emergency to ensure public emergencies are managed in accordance with the law, and many states globally have already enacted such legislation. Cambodia’s introduction of a State of Emergency Law is in line with Article 22 of the Constitution and Article 4 of the International Covenant on Civil and Political Rights (“ICCPR”). However, in its current form, the State of Emergency Law presents an alarming risk to human rights in Cambodia. The law provides the RGC with extensive powers to implement measures restricting human rights with few limitations in place to ensure they are enforced in compliance with the law.

Under international law, if a measure departs from the RGC’s human rights obligations in an emergency, it must be strictly necessary and objectively proportionate to the situation. This means the RGC must ensure the nature and scope of powers are tailored to the severity and type of each particular emergency. In addition, it must comply with other international laws, and must not discriminate based upon race, color, sex, language, religion or social origin. These legal requirements, taken from the ICCPR, are given constitutional status in Cambodia and are directly applicable in domestic law. Although the RGC indicated in its recent letter to the OHCHR that this law would be implemented cautiously based on the principles in the ICCPR, these limitations must be written into the law to prevent misapplication or abuse. A number of the provisions in the State of Emergency Law do not comply with these standards. Our concerns include:

  1. Article 5:  The powers granted to the government under Article 5 are particularly alarming. The law prescribes vague, sweeping and unfettered powers to the government to implement measures during states of emergency, including restricting or prohibiting movement, free speech and business activities, closing public and private spaces, surveilling communication as well as monitoring and controlling social media. If a state of emergency was declared, these measures are likely to severely constrain a range of fundamental freedoms including freedom of association, assembly, information, movement, as well as the right to work and the right to ownership of property. There are no limitations written into Article 5 restraining these measures in compliance with human rights law, meaning the law could easily be wielded without respect for human rights and to inappropriately target individuals, CSOs or the free media. Article 5 must be amended to include strictly defined limitations and conditions to the powers granted to mandate respect for human rights while responding to emergencies and ensure the law is not used to further silence or intimidate dissenting voices.
  2. The criminal offenses in Articles 7, 8 and 9: the potential for using the law to target human rights defenders, civil society, the media, as well as members of the public, is exacerbated by the imprecise criminal offenses created by the law which mandate severe penalties for not complying with emergency measures for both individuals and organizations. The RGC must revisit the ambiguous wording of Articles 7, 8 and 9 to ensure they uphold the principles of legality and proportionality and to protect the law from manipulation to target civic space, free media, and dissenting voices.
  3. The lack of government accountability: despite granting extensive powers to the RGC, the State of Emergency Law includes very little in terms of checks and balances. Article 3 mandates that a decision by the National Assembly or Senate to terminate a State of Emergency must be made by Royal Decree at the request of the Prime Minister.  This clause illegitimately transfers oversight power to end a State of Emergency from the National Assembly and Senate to the Prime Minister and is a clear violation of Article 86 and 102 of the Cambodian Constitution. Article 6, which is intended to provide a degree of oversight and accountability, is a hollow provision that is insufficient to safeguard the law’s implementation. While we recognize the RGC has stated in its letter to the OHCHR that they intend to implement the provisions in compliance with human rights law and are “committed to its obligations in accordance with Article 4 of the ICCPR”, there are no provisions in the law itself enforcing this. This is not sufficient, and the law must be revised to introduce an adequate and independent oversight mechanism to prevent abuse and misapplication. Without government culpability, the executive powers are limitless.

During times of crisis and public emergencies, it is more important than ever for the RGC to respect their human rights obligations, and this respect needs to be embedded into legislative responses. While we recognize the prioritization of protecting the right to health during the COVID-19 crisis, this must be balanced with respect for all human rights.

We call on the government to undertake inclusive and legitimate consultation with stakeholders with a vision to amend the law. These amendments must include limitations on the exercise of power by the RGC to ensure the law is not susceptible to abuse and to bring the law into compliance with Cambodia’s human rights obligations.

This statement is endorsed by:

1 185K Tita Chambak Thom Community (Kampong Chnnang)
2 197 Land Community (Koh Kong)
3 92 Community (Phnom Penh)
4 Alliance for Conflict Transformation
5 Angdoung Thmor Community (Preah Sihanouk)
6 Angdoung Trabek Land Community (Svay Rieng)
7 Banteay Srey Community (Phnom Penh)
8 Bat Khteah Community (Preah Sihanouk)
9 Boeung Bram Community (Battambang)
10 Boeung Chhouk Community (Phnom Penh)
11 Boeung Trabek Community (Phnom Penh)
12 Borei Keila Community (Phnom Penh)
13 Building Community Voice Cambodia
14 C I 5 Community (Preah Sihanouk)
15 Cambodian Alliance Trade Unions
16 Cambodian Center for Human Rights
17 Cambodian Center for Independent Media
18 Cambodian Food and Service Workers’ Federation
19 Cambodian Independent Teachers’ Association
20 Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
21 Cambodian Youth Network
22 Chikor Kraom Land Community (Koh Kong)
23 Choeung Prey Community (Kampong Cham)
24 Chray Indigenous Community (Ratanakiri)
25 Coalition of Cambodian Farmer Community
26 Community for Nature Protection (Pursat)
27 Community Legal Education Center
28 Dok Por Community (Kampong Speu)
29 Equitable Cambodia
30 Fishery Community (Koh Kong)
31 Forest and Biodiversity Preservation Community (Svay Rieng)
32 Forestry and Natural Resource Community (Pursat)
33 Former Boeung Kak Women Network Community (Phnom Penh)
34 Independent Democracy of Informal Economy Association
35 Khmer Kampuchea Krom for Human Rights and Development Association
36 KHMER THAVRAK
37 Khmum Srok Thlok Community (Kampong Thom)
38 Klaing Teuk 78 Community
39 Koh Sralao Fishery Community (Koh Kong)
40 Land Community, Phnom Krenh Village (Pailin)
41 Lawyers’ Rights Watch Canada
42 Lor Peang community (Kampong Chhnang)
43 Meanchey Land Community (Svay Rieng)
44 Minority Rights Organization
45 Orm Laing Community (Kampong Speu)
46 Ou Chheu Teal Community (Preah Sihanouk)
47 Peam Reus Community (Kampong Speu)
48 Phnom Bat Community
49 Phnom Kram Community (Siem Reap)
50 Phum 23 Community (Phnom Penh)
51 Phum Bo Loy Community (Ratanakiri)
52 Phum Pa Or Community (Ratanakiri)
53 Phum Samut Kram Community (Ratanakiri)
54 Prek Takung Community (Phnom Penh)
55 Prek Tanou Community (Phnom Penh)
56 Prey Chher Pich Sangva Laor Chhert Community (Kampong Chhnang)
57 Prey Long Community (Kampong Thom)
58 Railway Station, Toul Sangkae A Community (Phnom Penh)
59 Raksmey Samaki Community (Kampong Speu)
60 Sahmakum Teang Tnaut (STT)
61 Samaki Romeas Haek Land Community (Svay Rieng)
62 SOS International Airport Community (Phnom Penh)
63 Sre Prang Community (Tbong Khmum)
64 Steung Khsach Sor Forestry Resource (Kampong Chhnang)
65 Tany 197 Community, Chikhor Leur commune (Koh Kong)
66 Tunlong Community (Kampong Cham)

—END—

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

Stop Harassment of Community Representatives over COVID-19 Petition

May 04, 2020 – We the undersigned groups decry the harassment of community representatives
from across Cambodia on Tuesday, April 28. These community representatives were arbitrarily
detained for seven hours and interrogated while trying to submit a petition asking for additional
government assistance to vulnerable communities during the Covid-19 crisis.

More than 30 community representatives from across Cambodia gathered in Phnom Penh to submit
the petition, which has life-saving requests such as asking the government to distribute medical
supplies to vulnerable communities; suspend debts from microfinance institutions (MFIs) and
private money lenders; and provide direct economic assistance, including suspending rental fees for
poor and informal workers and providing stay-at-home payments.

During this process, community representatives were repeatedly asked by authorities, including
police officers, what organisations were “behind” this petition, who authored the petition, and were
questioned about whether they really faced the problems listed. Many questions focused on the
community members’ microfinance debt, and some representatives were asked about their personal
financial situation and were required to provide proof of debts to MFIs to district authorities. At least
two community representatives were additionally summonsed and harassed after they returned
home to their communities by local authorities.

These interrogations are insulting and appear predicated on the mistrust of vocal communities who
actively exercise their right to freely express themselves. They ignore the reality that independent
communities across Cambodia have advocated for their rights for decades, in particular around
crucial issues such as land rights. This harassment is unjustified and should never have taken place,
particularly when the Interior Ministry has repeatedly claimed that grassroots communities have the
right to conduct activities free from disturbance and in accordance with the law.

On the morning of April 28, community representatives gathered in Phnom Penh but were denied
permission to submit the petition to the Council of Ministers. They were instead directed by
authorities to Prime Minister Hun Sen’s Cabinet, but officials there declined to accept the petition
because it was addressed to the Council of Ministers. Copies were successfully delivered to the
Ministry of Health and Ministry of Economy and Finance.

The petition was signed by 141 communities across the country and seeks to address the health and
economic impacts of the Covid-19 virus, which disproportionately affect vulnerable communities in
rural areas as well as Phnom Penh. It notes that government schemes such as ID Poor are not yet
comprehensive or fully effective, and encourages the government to take a more holistic approach to
fighting the economic impact of the virus. It also includes a call for an immediate halt on all evictions
during the Covid-19 crisis in order to protect community members and authorities from the virus.

After meeting with authorities and police officers at Hun Sen’s Cabinet, nine community members
were asked by officials to discuss the petition further at the Daun Penh district office at around 3:00
p.m. They were detained in the district office for more than 7 hours, denied permission to leave and
were never provided legal justification for their detention. During their detention, they faced
interrogation from authorities until after 10:00 p.m. Some representatives were deliberately singled
out and questioned individually, and then had answers compared to other representatives –
interrogation techniques more commonly used on criminals, not peaceful petitioners. Some
representatives were also ordered to unlock and hand over their smartphones, and were questioned
repeatedly about who authored the petition, as well as their personal financial relationships with
MFIs.

At the end of the interrogation, community representatives were coerced into thumbprinting
documents that seek to restrict their right to continue advocating on behalf of their communities
prior to being allowed to leave the district office.

These community representatives should have been welcomed by their government and treated with
dignity while they shared the legitimate concerns of tens of thousands of community members across
Cambodia. The community representatives set out with the intention to inform their government
about the problems in their communities and never demanded anything other than that their
requests be considered in the government’s response to Covid-19. We strongly decry their treatment
at the hands of authorities.

Signed,
1. 92 Community (Phnom Penh)
2. 104 Community (Phnom Penh)
3. 105 Community (Phnom Penh)
4. 197 Land Community (Koh Kong)
5. 297 Land Community (Koh Kong)
6. 185K Tita Chambak Thom Community (Kampong Chnang)
7. Activities for Environment Community (AEC)
8. Alliance for Conflict Transformation (ACT)
9. Anlong Run Community (Battambang)
10. Angdoung Thmor Community (Preah Sihanouk)
11. Ang Svay Community (Kampot)
12. Aphivoth Thmei Community (Phnom Penh)
13. Areng Indigenous Community (Koh Kong)
14. Association of Domestic Workers (ADW)
15. Association to Support Vulnerable Women (ASVW)
16. Bat Khteah Community (Preah Sihanouk)
17. Banteay Srey Community (Phnom Penh)
18. Banteay Srei (Phnom Penh)
19. Blog Kanva Thmei Community (Phnom Penh)
20. Boeung Chuk Community (Phnom Penh)
21. Boeung Chuk A Community (Phnom Penh)
22. Boeung Chuk Meanchey Thmei 1 (Phnom Penh)
23. Boeung Chuk Niroth (Phnom Penh)
24. Boeung Kak Community (Kampong Chnang)
25. Boeung Pram Community (Battambang)
26. Bos Sa Am Community (Battambang)
27. Bos Snao Community (Kampong Cham)
28. Borei Keila Community (Phnom Penh)
29. Borei Sontepheap Community (Phnom Penh)
30. Brosre Community (Prey Veng)
31. Buddhism for Peace Organization (BPO)
32. Building Community Voice (BCV)
33. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
34. Cambodian Alliance of Trade Unions (CATU)
35. Cambodian Center for Human Rights (CCHR)
36. CamASEAN Youth’s Future (CamASEAN)
37. Cambodian Domestic Workers Network (CDWN)
38. Cambodian Food and Service Workers’ Federation (CFSWF)
39. Cambodian Human Rights and Development Association (ADHOC)
40. Cambodia’s Independent Civil Servants Association (CICA)
41. Cambodian Informal Economy Workers Association (CIWA)
42. Cambodian Independent Teachers’ Association (CITA)
43. Cambodian Labor Confederation (CLC)
44. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
45. Cambodian Tourism and Service Workers Federation (CTSWF)
46. Cambodia Tourism Workers Union Federation (CTWUF)
47. Cambodia Youth and Monk Network (CYMN)
48. Cambodian Youth Network (CYN)
49. Center for Alliance of Labor and Human Rights (CENTRAL)
50. Chak Krey land Community (Banteay Meanchey)
51. Chamroeun Community (Phnom Penh)
52. Chang Kum 1 Community (Tbong Khmum)
53. Chang Kum Kandal Community (Tbong Khmum)
54. Chek Meas Land Community (Svay Rieng)
55. Cheko Community (Phnom Penh)
56. Cheung Ek Group 3 Community (Phnom Penh)
57. Cheung Ek Group 4 Community (Phnom Penh)
58. Cheung Prey Community (Kampong Cham)
59. Chikor Kraom Land Community (Koh Kong)
60. Chikor Leu Land Community (Koh Kong)
61. Chhuk Sor Community (Siem Reap)
62. Chorm Kravean Community (Kampong Cham)
63. Chray Indigenous Community (Ratanakiri)
64. Chung Ampol Community (Prey Veng)
65. Coalition of Cambodian Apparel Workers Democratic Union (C. CAWDU)
66. C I 5 Community (Preah Sihanouk)
67. Coalition of Cambodian Farmers Community Association (CCFC)
68. Committee for Free and Fair Elections in Cambodia (COMFREL)
69. Community for Nature Protection (Pursat)
70. Democratic Union of Worker of Angkor Beer Company
71. Deum Moklue Community (Phnom Penh)
72. Dok Por Community (Kampong Speu)
73. Dombe Community (Tbong Khmum)
74. Equitable Cambodia (EC)
75. Fishery Community (Koh Kong)
76. Fishery Resource Development Community (Kampong Chhnang)
77. Forest and Biodiversity Preservation Community (Svay Rieng)
78. Forestry and Natural Resource Community (Pursat)
79. Forestry Resource Conservation and Development Community (Kampong Chnang)
80. Horng Samnom Community (Kampong Speu)
81. Indigenous Youth Group (IYG)
82. Independent Democracy of Informal Economy Association (IDEA)
83. Independent Monk Network for Social Justice (IMNSJ)
84. Independent Trade Union Federation (INTUFE)
85. Indradevi Association (IDA)
86. Kam Braes Community (Tbong Khmum)
87. Kbal Hongteuk Community (Preah Sihanouk)
88. Kbal Tahean Forestry Community (Pursat)
89. Khmum Srakar Thlok Risey Community (Kampong Thom)
90. Khmer Thavrak
91. Khum Da Community (Kampong Cham)
92. Khva Community (Phnom Penh)
93. Klaing Teuk 78 Community (Siem Reap)
94. Kok Tarea Community (Takev)
95. Koh Sdech Land Community (Koh Kong)
96. Koh Sralao Fishery Community (Koh Kong)
97. Krei Kra Community (Phnom Penh)
98. Labour Right Supported Union Khmer Employee of Nagaworld (L.R.S.U)
99. Land Community (Pailin)
100. Lom Touk Community (Siem Reap)
101. Lor Peang Land Community (Kampong Chhnang)
102. Mean Chey Land Community (Svay Rieng)
103. Minority Rights Organization (MIRO)
104. Mother Nature Cambodia (MNC)
105.Network for Prey Long Protection in Mean Rith Commune (Kampong Thom)
106.Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC)
107.Not 1 More (N1M)
108. Orm Laing Community (Kampong Speu)
109. Ou Ampil Land Community (Banteay Meanchey)
110. Ou Chheu Teal Community (Preah Sihanouk)
111. Ou Damrei Community (Preah Sihanouk)
112. Ou Kampuchea Community (Preah Sihanouk)
113. Ou Khsach Community (Preah Sihanouk)
114. Ou Tracheak Chet Community (Preah Sihanouk)
115. Ou Vor Preng Community (Battambang)
116. Peace Bridges Organization (PBO)
117. Peam Rus Community (Kampong Speu)
118. People Center for Development and Peace (PCDP)
119. Phnom Bat Community (Phnom Penh)
120. Phnom Kram Community (Siem Reap)
121. Phnom Torteong Community (Kampot)
122. Phnom Thnort Community (Kampot)
123. Phnom Sleuk Community (Battambang)
124. Phsar Kandal Village Land Community (Banteay Meanchey)
125. Phum 3 Community (Phnom Penh)
126. Phum 17 Community (Phnom Penh)
127. Phum 21 Community (Phnom Penh)
128. Phum Andong Community (Phnom Penh)
129. Phum Baku Community (Phnom Penh)
130. Phum Bo Loy Community (Ratanakiri)
131. Phum Dei Chhnang Community (Kampong Speu)
132. Phum Koh Norea Community (Phnom Penh)
133. Phum Prek Punlea Community (Phnom Penh)
134. Phum Samut Kram Community (Phnom Penh)
135. Phum Sela Khmer Land Community (Banteay Meanchey)
136. Phum Ou Svay Land Community (Banteay Meanchey)
137. Phum Teuk Thla Community (Phnom Penh)
138. Ponlok Khmer (PKH)
139. Prek Ksach Land Community (Koh Kong)
140. Prek Takung 3 Community (Phnom Penh)
141. Prek Takung 60 meters Community (Phnom Penh)
142. Prek Tangov Community (Phnom Penh)
143. Prek Tanou Community (Phnom Penh)
144. Prek Trae Community (Preah Sihanouk)
145. Prey Cheou Ou Domdek Community (Kampong Thom)
146. Prey Lang Community (Kampong Thom)
147. Prey Peay Fishery Community (Kampot)
148. Prey Chher Pich Sangva Laor Chhert Community (Kampong Chnang)
149. Pun Leu Khemara Community (Phnom Penh)
150. Tunlong Community (Kampong Cham)
151. Railway Community (Phnom Penh)
152. Raksmey Samaki Community (Kampong Speu)
153. Rattanak Rokha Forestry Community (Udar Meanchey)
154. Reak Chmamroeun Community (Phnom Penh)
155. Rolous Cherng Ek Community (Phnom Penh)
156. Romdoul Svay Rieng (Svay Rieng)
157. Roum Met Community (Phnom Penh)
158. Rum Cheik Land Community (Siem Reap)
159. Rural Cambodia Technological Support Organisation (RCTSO)
160. Russey Sras Community (Phnom Penh)
161. Sahmakum Teang Tnaut (STT)
162. Samaki 4 Community (Phnom Penh)
163. Samaki Romeas Haek Land Community (Svay Rieng)
164. Samaki Rong Roeung community (Phnom Penh)
165. SAMKY Organization
166. Samrong Meachey Community (Phnom Penh)
167. Samrong Tbong Community (Phnom Penh)
168. Sdey Krom Fishery Community (Battambang)
169. Seang Kveang Community (Prey Veng)
170. Setrey Klaing Sang Community (Phnom Penh)
171. Sen Reakreay Community (Phnom Penh)
172. Smar Sman Community (Phnom Penh)
173. Somros Koh Sdech Fishery Community (Koh Kong)
174. SOS International Airport Community (Phnom Penh)
175. Spean Chhes Community (Preah Sihanouk)
176. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chnang)
177. Sre Prang Community (Tbong Khmum)
178. Steung Bort village Land Community (Banteay Meanchey)
179. Steung Khsach Sor Forestry Resource Community (Kampong Chnang)
180. Steung Meanchey Community (Phnom Penh)
181. Tani Land Community (Siem Reap)
182. Ta Noun Land Community (Koh Kong)
183. Ta Pen Community (Siem Reap)
184. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
185. Thmor Da Community (Pursat)
186. Thmor Thom Community (Preah Sihanouk)
187. Thmor Koal Community (Phnom Penh)
188. Thnong Land Community (Koh Kong)
189. Toul Rada Community (Phnom Penh)
190. Toul Sambo Aphivoth Community (Phnom Penh)
191. Toul Sangke A Community (Phnom Penh)
192. Toul Sangke B Community (Phnom Penh)
193. Trapaing Anchanh Community (Phnom Penh)
194. Trapaing Chor Community (Phnom Penh)
195. Trapaing Krasaing Land Community (Siem Reap)
196. Trapaing Sangke Community (Kampot)
197. Trapaing Raing Community (Phnom Penh)
198. Trapaing Ropov Community (Kampot)
199. Union Service Workers of ALASKA Massage Center (USWAMC)
200. Union Service Workers of CHEVRON COMPANY (CAMBODIA) LIMITED SIEMREAP
(USWCSR)
201. Union of Food and Service of Cambodia Beverage Company LTD

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

Suspend MFI Debts and Return Land Titles Amid Covid-19 Pandemic

April 27, 2020 – The suffering of millions of Cambodians who are facing economic hardship due to the COVID-19 pandemic is being amplified by the country’s ongoing over-indebtedness crisis, stemming from more than $10 billion in loans from aggressive microfinance institutions (MFIs). More than two and a half million Cambodians currently hold microloans, with an average loan of more than $3,800 – the largest amount in the world. This puts millions of Cambodians’ livelihoods, health and land tenure security at risk.

The government must ensure that MFIs immediately suspend all loan repayments as well as interest accrual on loans for at least three months and return the millions of land titles currently held as collateral by MFIs to their owners. These actions are necessary to ensure that people are able to survive this crisis without risking their health or homes, and are able to avoid further risky loans that could lead to bonded labour, human trafficking and other human rights abuses.

Millions of workers in the tourism, garment and construction sector are facing layoffs and loss of wages. Government efforts to subsidise these losses have so far fallen short of fulfilling workers’ basic needs. Cambodia’s MFI debt – much of it collateralised with millions of borrowers’ land titles – exponentially heightens the short- and long-term risks of this economic crisis.

We recognise the steps already taken by the National Bank of Cambodia (NBC) to encourage MFIs to offer re-scheduling and loan deferment on a case-by-case basis, and that Amret Microfinance Institution has announced deferments of both principal and interest payments for three months for some of their borrowers upon request. However, Cambodia has over 80 MFIs, and a case-by-case process will not work fast enough for the 2.6 million borrowers who need immediate relief. A more systematic approach is urgently needed. The NBC and Cambodian government should issue a sector-wide directive ordering MFIs to give all borrowers immediate relief, including returning their most valuable asset – their land titles – and suspending all repayments and interest accrual for at least 3 months, with the possibility of longer-term relief if the crisis continues.

A 2019 report into Cambodia’s MFI sector revealed stories of predatory lending, land loss and other human rights abuses.

All people, including MFI borrowers, deserve unhindered access to their land titles – now more than ever. The coming months will likely see hundreds of thousands of Cambodians lose jobs or wages in Thailand and Cambodia, and many of these people will return to their homeland in the countryside. Land tenure security has long been a difficult thing to ensure in Cambodia, and the risk posed by microfinance debt is far too pressing to ignore. Immediate steps must be taken to ensure that no one is forced to sell their land to make loan repayments during this economic crisis. The best way to avoid this dispossession crisis is to return land titles held by MFIs to their rightful owners and suspend repayments.

In addition, MFI debt disproportionally affects women, who make up 75% of MFI borrowers in Cambodia. The COVID-19 crisis has already sharply decreased demand in the garment sector, where 80% of the workers are women. While many Cambodians will be worrying about their next meal or how to afford basic necessities in the coming weeks and months, they should not have to worry about making a monthly payment to an MFI ¬– particularly if non-payment could result in the loss of their land.

We understand the suspension of loan payments will have negative effects for MFIs. We also understand they will be taking on additional risk after returning the land titles used as collateral to their owners. However, this risk is commonly carried by MFIs in other countries, which rarely use an asset as fundamental as a land title for microloan collateral. In addition, Cambodia’s MFI sector is highly profitable and has vastly greater access to capital and assistance than the average Cambodian household. All seven of the deposit-taking MFIs – which together hold the vast majority of all MFI loans – are owned by foreign entities, some of which are subsidiaries of some of the largest financial institutions in the world, others of which are European state-owned development banks. As MFIs in Cambodia have long claimed to be invested in the well-being of the poor and vulnerable, this crisis demands that MFIs give immediate relief to their borrowers.

We strongly urge the government and MFIs to prioritise the health and livelihood of Cambodian borrowers above all else by immediately suspending all MFI loan repayments and loan interest accrual for at least three months as well as returning land titles to their rightful owners.

Signed,

1. 92 Community (Phnom Penh)
2. 197 Land Community (Koh Kong)
3. 297 Land Community (Koh Kong)
4. 185K Tita Chambak Thom Community (Kampong Chnang)
5. Alliance for Conflict Transformation (ACT)
6. Anlong Run Community (Battambang)
7. Angdoung Thmor Community (Preah Sihanouk)
8. Boeung Chuk community (Phnom Penh)
9. Boeung Chuk A community (Phnom Penh)
10. Boeung Chuk Meanchey Thmei 2 (Phnom Penh)
11. Boeung Kak Community (Kampong Chhnang)
12. Boeung Pram Community (Battambang)
13. Boeung Trabek 4 community (Phnom Penh)
14. Bos Sa Am Community (Battambang)
15. Borei Sontepheap community (Phnom Penh)
16. Cambodian Alliance of Trade Unions (CATU)
17. Cambodian Center for Human Rights (CCHR)
18. Cambodian Food and Service Workers’ Federation (CFSWF)
19. Cambodia’s Independent Civil Servants Association (CICA)
20. Cambodian Informal Economy Workers Association (CIWA)
21. Cambodian Independent Teachers’ Association (CITA)
22. Cambodian Labor Confederation (CLC)
23. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
24. Cambodian Tourism and Service Workers Federation (CTSWF)
25. Cambodia Youth and Monk Network (CYMN)
26. Cambodian Youth Network (CYN)
27. Center for Alliance of Labour and Human Rights (CENTRAL)
28. Chak Krey land Community (Banteay Meanchey)
29. Chek Meas Land Community (Svay Rieng)
30. Chikor Kraom Land Community (Koh Kong)
31. Chikor Leu Land Community (Koh Kong)
32. Choeung Prey Community (Kampong Cham)
33. Chorm Kravean Community (Kampong Cham)
34. Chray Indigenous Community (Ratanakiri)
35. C I 5 Community (Preah Sihanouk)
36. Coalition of Cambodian Apparel Workers Democratic Union (C.CAWDU)
37. Coalition of Cambodian Farmers Community Association (CCFC)
38. Community Peace-Building Network (CPN)
39. Community for Nature Protection (Pursat)
40. Deum Sroul Community (Phnom Penh)
41. Dok Por Community (Kampong Speu)
42. Dombe Community (Tbong Khmum)
43. Equitable Cambodia (EC)
44. Fishery Community (Koh Kong)
45. Fishery Resource Development Community (Kampong Chhnang)
46. Forest and Biodiversity Preservation Community (Svay Rieng)
47. Gender and Development Cambodia (GADC)
48. Horng Samnom Community (Kampong Speu)
49. Indradevi Association (IDA)
50. Indigenous Youth Group (IYG)
51. Independent Democracy of Informal Economy Association (IDEA)
52. Kbal Tahean Forestry Community (Pursat)
53. Kean Teuk Land Community (Koh Kong)
54. Khmum Srakar Thlok Risey Community (Kampong Thom)
55. Khmer Thavrak
56. Klaing Teuk 78 Community (Siem Reap)
57. Koh Sdech Land Community (Koh Kong)
58. Koh Sralao Fishery Community (Koh Kong)
59. Lom Touk Community (Siem Reap)
60. Lor Peang Land Community (Kampong Chhnang)
61. Meanchey Land Community (Svay Rieng)
62. M’lop Tapang
63. Mother Nature Cambodia (MNC)
64. Network for Prey Long Protection in Mean Rith Commune (Kampong Thom)
65. Neutral and Imparial Committee for Free and Fair Elections in Cambodia (NICFEC)
66. Orm Laing Community (Kampong Spue)
67. Ou Ampil Land Community (Banteay Meanchey)
68. Ou Chheu Teal Community (Preah Sihanouk)
69. Ou Khsach Community (Preah Sihanouk)
70. Ou Tracheak Chet Community (Preah Sihanouk)
71. Ou Vor Preng Community (Battambang)
72. Peace Bridges Organization (PBO)
73. Phnom Kram Community (Siem Reap)
74. Phnom Thnort Community (Kampot)
75. Phnom Torteong Community (Kampot)
76. Phnom Sleuk Community (Battambang)
77. Phsar Kandal Village Land Community (Banteay Meanchey)
78. Phum 23 Community (Phnom Penh)
79. Phum Bo Loy Community (Ratanakiri)
80. Phum Dei Chhnang Community (Kampong Speu)
81. Phum Prasat Rang Land Community (Banteay Meanchey)
82. Phum Prasat Land Community (Banteay Meanchey)
83. Phum Sela Khmer Land Community (Banteay Meanchey)
84. Phum Ou Svay Land Community (Banteay Meanchey)
85. Ponlok Khmer (PKH)
86. Prek Ksach Land Community (Koh Kong)
87. Prek Takung Community (Phnom Penh)
88. Prek Takung 3 community (Phnom Penh)
89. Prek Takung 60 meters community (Phnom Penh)
90. Prek Tanou Community (Phnom Penh)
91. Prey Cheou Ou Domdek Community (Kampong Thom)
92. Prey Long Community (Kampong Thom)
93. Prey Peay Fishery Community (Kampot)
94. Tunlong Community (Kampong Cham)
95. Railway community (Phnom Penh)
96. Raksmey Samaki Community (Kampong Speu)
97. Rolous Cherng Ek community (Phnom Penh)
98. Roum Met community (Phnom Penh)
99. Rum Cheik Land Community (Siem Reap)
100. Russey Sras community (Phnom Penh)
101. Sahmakum Teang Tnaut (STT)
102. Samaki 4 Community (Phnom Penh)
103. Samaki 3.1 community (Phnom Penh)
104. Samaki Romeas Haek Land Community (Svay Rieng)
105. Samaki Rong Roeung community (Phnom Penh)
106. Samrong Meachey (Phnom Penh)
107. Samrong Tbong community (Phnom Penh)
108. Sdey Krom Fishery Community (Battambang)
109. Setrey Klaing Sang community (Phnom Penh)
110. Sen Rekreay community (Phnom Penh)
111. Smar Sman community (Phnom Penh)
112. Skun Land Community (Siem Reap)
113. Somros Koh Sdech Fishery Community (Koh Kong)
114. SOS International Airport Community (Phnom Penh)
115. Spean Chhes Community (Preah Sihanouk)
116. Sre Ampel Water Fall Tourism Forestry Community (Kampong Chnang)
117. Sre Prang Community (Tboung Khmum)
118. Steung Bort village Land community (Banteay Meanchey)
119. Steung Khsach Sor Forestry Resource (Kampong Chhnang)
120. Steung Meanchey community (Phnom Penh)
121. Tani Land Community (Siem Reap)
122. Ta Noun Land Community (Koh Kong)
123. The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
124. Thmor Da Community (Pursat)
125. Thmor Thom Community (Preah Sihanouk)
126. Thnong Land Community (Koh Kong)
127. Toul Rada Community (Phnom Penh)
128. Toul Sangke A community (Phnom Penh)
129. Toul Sangke B Community (Phnom Penh)
130. Trapaing Chor Community (Kampong Speu)
131. Trapaing Krasaing Land Community (Siem Reap)
132. Trapaing Sangke Community (Kampot)
133. Trapaing Raing community (Phnom Penh)
134. Trapaing Ropov Community (Kampot)
135. Rural Cambodia Technological Support Organisation (RCTSO)

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

Former Opposition Leader’s Trial Must Allow Open Participation of Families, Independent Media and Civil Society Groups

January 16, 2020 – We, the undersigned Cambodian civil society groups, call on the Phnom Penh Municipal Court to ensure that the long-awaited trial of former opposition leader Kem Sokha is open to the public, independent media outlets and the full participation of civil society organisations. We also call on the court to record and broadcast the trial proceedings live, as they have done in the past. Read More

One Thousand People Celebrate World Habitat Day Through Events Held at Their Communities

8th October 2019

Between October 4th and 7th, 1098 people from 13 communities celebrated World Habitat Day 2019, through a variety of different events.

The events varied from community to community, but the overall message revolved around the right to affordable housing and the importance of a clean community with themes such as “Clean Environment, Clean Community and Clean City leads to Better Health,” “Clean Housing, Clean Community,” as well as “My house was demolished.” Activities ranged from speeches to garbage cleanup of the community to distribution of books to the children; with each community culminating their celebration with a solidarity lunch. In attendance were community members, students, teachers, village representatives and local authorities.

The response of the authorities towards the events varied. For instance, the event at Samaki Rung Roueng was attended by the Chief of Sangkat who even made a speech and welcomed discussions regarding issues the community is facing such as poor infrastructure, garbage, temporary relocation and lack of documentation. He assured them assistance in obtaining relevant legal documentation and reassured them they would be able to return to their current location, following a construction project anticipated to affect them. However, at other communities, local authorities did not participate in the celebration but rather kept a watchful eye, monitoring the situation and taking note of the number of participants in attendance.

As opposed to previous years when World Habitat Day celebrations were marred by violence, intimidation and harassment of community members, this year is a welcome change. In some communities, local authorities even participated in the celebration and discussion of land and housing rights related issues. STT applauds the efforts of both community members for inviting local authorities to participate – despite what took place in past years – as well as the local authorities for attending and attempting to build stronger relationships with community members. However, it is important to still remember that the communities are only exercising their rights as outlined in the Law on Peaceful Demonstrations (2009) and should not have to be fearful of organizing World Habitat Day events in the first place.

The United Nations designated the first Monday of October of every year as World Habitat Day to reflect on the basic human right of all to adequate housing. International human rights law recognizes everyone’s right to adequate housing. Over a billion people around the world are not adequately housed including thousands of people living in health threatening conditions in informal settlements within Phnom Penh; conditions which do not uphold their human rights and their dignity.

As one community leader expressed “The celebration of World Habitat Day is to unite the community members in cleaning up their community environment.” The community leader continued on to say “The community wants to see an inclusive city and land tenure security for all”.

Communities celebrate World Habitat Day to highlight the importance of housing as a human right. Each event commemorated the 34th anniversary of World Habitat Day, first designated in 1985. It is a way for communities to celebrate in solidarity with people all over the world facing the same circumstances as them and an exercise of their human right to peacefully demonstrate.

លោក សួង នាគព័ន្ធ​ បានកាន់​ខិត្តប័ណ្ណ​មានភ្ជាប់សារ​ “បញ្ឈប់ការ​សម្លាប់​មនុស្សក្រៅ​ប្រព័ន្ធច្បាប់”​ អំឡុងពេល​ប្រារព្វពិធី​រំលឹក​ខួប​៣ឆ្នាំ​នៃឃាតកម្មលើ​អ្នកវិភាគ​នយោបាយ​ លោកបណ្ឌិត ​កែម ឡី។

Arrest Of Two Activists Highlights Authorities’ Lack Of Respect For Freedom Of Expression And Assembly

July 12, 2019 – We, the undersigned civil society groups, denounce the unjustified use of security personnel during the third anniversary of political commentator Kem Ley’s death and call for the immediate and unconditional release of two activists, Kong Raiya and Soung Neakpaon, from detention and the dropping of all charges against them.

Both men were arrested for peacefully exercising their freedom of expression while commemorating the anniversary of the death of political commentator Kem Ley, who was murdered on 10 July 2016. Shortly after their arrests, both men were charged with criminal incitement under Articles 494 and 495 of the Criminal Code and are being detained at Phnom Penh’s Correctional Center 1.

Kong Raiya, 28, and three family members were arrested on 9 July 2019 after Raiya advertised in a Facebook post that he was selling t-shirts featuring the image of Kem Ley. He also posted the number of a taxi driver who could bring people to Phnom Penh to participate in a ceremony to remember the slain analyst. It is based on these actions that authorities have charged Kong Raiya with “incitement to commit felony” – a baseless allegation that violates his right to peaceful expression, guaranteed under Article 41 of Cambodia’s Constitution. Raiya was previously arrested in August 2015 and sentenced to 18 months in prison under identical spurious charges in relation to a separate Facebook post.

Soung Neakpaon, 29, was arrested the day after Raiya, on 10 July 2019, outside of the Caltex Bokor petrol station where Kem Ley was murdered three years earlier. Neakpaon, a former member of Kem Ley’s youth group, was attending a commemorative ceremony at the station, but was arrested along with twin brothers and activists – Chum Hout and Chum Hour – both of whom were carrying a flower wreath to place near the station. The twin brothers were released the same day.

Prior to his arrest, Neakpaon was holding a sign that read “End extrajudicial killings,” an opinion that actively discourages all people and institutions from committing a felony offence. His arrest and charges mark yet another low point in the government’s crackdown on free speech and peaceful assembly in Cambodia.

The charges against these individuals effectively criminalise the remembrance of Kem Ley, such as the attending of commemorative ceremonies or the wearing of t-shirts with his image and quotations. The respected political analyst was shot in broad daylight in July 2016, with the case never receiving an independent or thorough investigation. The accusation that a peaceful gathering merits a prison sentence is a serious and systematic threat to the little remaining space left for freedom of expression in the country.

These arrests took place as events in Phnom Penh and across several provinces were also restricted by authorities, who told organisers that they required prior permission to hold events marking the anniversary of Kem Ley’s murder. Organisers in Banteay Meanchey, Kampong Cham, Kampong Chhnang, and Kandal provinces reported being threatened with a police presence that was deployed to monitor the events, and the event in Phnom Penh was surrounded by more than 50 officers who aggressively disrupted the peaceful activities, seizing flowers and ordering people to remove their shirts. Members of the Grassroots Democracy Party, a political party co-founded by Kem Ley, were stopped outside their Phnom Penh offices on the way to the Caltex Bokor gathering and then to a ceremony in Takeo, Ley’s home province.

We reiterate our call for the government to respect the right to freedom of expression guaranteed under Article 41 of the Cambodian Constitution and Article 19(2) of the International Covenant on Civil and Political Rights, and call for the immediate and unconditional release of both Kong Raiya and Soung Neakpaon and the dropping of all charges against them.

This statement is endorsed by:
1. 24 Families Community (Preah Sihanouk)
2. 92 Community (Phnom Penh)
3. 297 Land Community (Koh Kong)
4. Activities for Environment Community (AEC)
5. Alliance for Conflict Transformation (ACT)
6. Angdoung Trabek Land Community (Svay Rieng)
7. Areng Indigenous Community (Koh Kong)
8. Bat Khteah Community (Preah Sihanouk)
9. Boeng Chhuk Community (Phnom Penh)
10. Boeung Pram Community (Battambang)
11. Borei Keila Community (Phnom Penh)
12. Bos Sa Am Community (Battambang)
13. Buddhism for Peace Organization (BPO)
14. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
15. Cambodian Alliance of Trade Unions (CATU)
16. Cambodian Center for Human Rights (CCHR)
17. Cambodia’s Independent Civil Servants Association (CICA)
18. Cambodian Development People Life (CDPLA)
19. Cambodian Human Rights and Development Association (ADHOC)
20. Cambodian Food and Service Workers’ Federation (CFSWF)
21. Cambodian Independent Teachers’ Association (CITA)
22. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
23. Cambodian NGO Committee on CEDAW
24. Cambodian Youth Network (CYN)
25. Chek Meas Land Community (Svay Rieng)
26. Cheko Community (Phnom Penh)
27. Center for Alliance of Labor and Human Rights (CENTRAL)
28. Chikor Kraom Land Community (Koh Kong)
29. Chikor Leu Land Community (Koh Kong)
30. Chorm Kravean Community (Kampong Cham)
31. C I 5 Community (Preah Sihanouk)
32. Coalition of Cambodian Apparel Workers Democratic Union (C.CAWDU)
33. Coalition of Cambodian Farmers Community Association (CCFC)
34. Coalition of Integrity and Social Accountability (CISA)
35. Collective Union of Movement of Workers (CUMW)
36. Equitable Cambodia (EC)
37. Forestry and Natural Resource Community (Pursat)
38. Free Trade Union of Workers of Kingdom of Cambodia (FTUWKC)
39. Gender and Development Cambodia (GADC)
40. Horng Samnom Community (Kampong Speu)
41. Independent Democracy of Informal Economy Association (IDEA)
42. Independent Monk Network for Social Justice (IMNSJ)
43. Indigenous Youth at Brome Community (Preah Vihear)
44. Indradevi Association (IDA)
45. Koh Sralao Fishery Community (Koh Kong)
46. Koh Sdach Fishery Community (Koh Kong)
47. Koh Sdach Land Community (Koh Kong)
48. Lor Peang Land Community (Kampong Chhnang)
49. Mlup Prom Vihea Thor Center (Koh Kong)
50. Moeunchey Land Community (Svay Rieng)
51. Mother Nature Cambodia (MNC)
52. Ou Tracheak Chet Community (Preah Sihanouk)
53. People Center for Development and Peace (PDP-Center)
54. Phnom Bat Community (Phnom Penh)
55. Phnom Sleuk Community (Battambang)
56. Phsar Kandal Village Land Community (Banteay Meanchey)
57. Phum 22 Community (Phnom Penh)
58. Phum Kdeb Thmor Land Community (Banteay Meanchey)
59. Phum Dei Chhnang Community (Kampong Speu)
60. Phum Sela Khmer Land Community (Banteay Meanchey)
61. Ponlok Khmer (PKH)
62. Poy Japan Land Community (Koh Kong)
63. Preah Vihear Kouy Indigenous Community
64. Prek Ksach Land Community (Koh Kong)
65. Prek Takung Community (Phnom Penh)
66. Prek Tanou Community (Phnom Penh)
67. Prey Chher Kbal Kla Community (Kompong Thom)
68. Prey Chher Pich Sangva Laor Chhert Community (Kampong Chhnang)
69. Prey Long Community (Kampong Thom)
70. Prey Peay Fishery Community (Kampot)
71. Rum Cheik Land Community (Siem Reap)
72. Sahmakum Teang Tnaut (STT)
73. Sdey Krom Fishery Community (Battambang)
74. Skun Land Community (Siem Reap)
75. Spean Chhes Community (Preah Sihanouk)
76. Sre Prang Community (Kampong Cham)
77. Ta Noun Land Community (Koh Kong)
78. Ta Trai Village Land Community (Banteay Meanchey)
79. Thmor Da Land Community (Pursat)
80. Toul Samrong Community (Kampong Chhnang)
81. Trapaing Anhchanh Thmey Community
82. Trapaing Chor Community (Kampong Speu)
83. Trapaing Krasaing Land Community (Siem Reap)
84. Tumnop II Community (Pursat)
85. Urban Poor Women Development (UPWD)
86. Village 1 Land Community
87. Committee for Free and Fair Elections in Cambodia (COMFREL)

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

Photos provided to STT by community members

Questioning and violation of rights of Community Leader by police at World Habitat Day event in Prek Takong 60 Metres

At around 8.30am, police and authorities from Chak Angre Leu Sangkat arrived at Prek Takong 60 Metre community and began to cancel the World Habitat Day (WHD) event being held by the community. Police informed the community that the event was illegal and a community representative was then arrested and taken to the Sangkat office. The community representative was then shown a letter and asked to place their thumbprint on it. The letter stated that the community representative will not celebrate any events in the future without asking for prior permission from the Municipality of Phnom Penh and Ministry of Interior.

In addition, the police questioned the community representative, asking specifically who had helped to support the event and implying that they knew NGOs were “behind this”.

Photos provided to STT by community members

The community representative was then released from the Sangkat office at around 10:00am after putting their thumbprint on the letter mentioned. The community representative was told they were not allowed to leave until they put their thumbprint on the letter.

Last week, Prek Takong 60 Metre community informed local authorities of their intention to hold a WHD event and authorities said it would be illegal to do so. The community followed procedures under the Law on Peaceful Demonstrations (2009) and has not violated this law.

Photos provided to STT by community members

This community is located in the Boeung Tompoun lake area, which is a hotbed for land conflicts as much of the area is under development by the ING Holdings group.