The Asian Human Rights Commission urges the Cambodian government, led by Prime Minister Hun Sen, to abolish Article 63 of the UNTAC Law of 1992 on criminal defamation and libel and thereby fulfil the Prime Minster’s promise to decriminalise defamation in Cambodia. Prime Minister Hun Sen has recently stated that he has withdrawn his defamation lawsuits against human rights activists. He has also stated that he supports the decriminalisation of defamation.
However, according to the Prime Minister, the decriminalisation process will have to wait until the enactment of the new penal code takes place. The AHRC is of the view that decriminalisation does not need to wait for the enactment of the new Penal Code, which is only at its drafting stage. The abolition can be performed immediately through the submission of an amendment bill for adoption by the Cambodian Parliament to annul Article 63 of the said law. The issue of reforming the Penal Code has been ongoing for years, with no basic agreement on the issue having resulted as yet or being expected soon. This delay constitutes a state of uncertainty and threat for the actual and potential victims of this much-abused law and their families.
The abolition of legislation defining defamation as a crime with penal consequences is urgently needed with regard to pending cases as well as more generally concerning the need to remove the fear psychosis that pervades the country as a result of the political use of this law. The international reputation of Cambodia, which has been deeply tarnished by events over the last few years, during which time the defamation law has been used to terrorize opponents to the government as well as the general population, will surely be improved if this abolition takes place. It is worth noting that discussions by international donors to Cambodia will be taking place in the coming days. The possible return to the terror that has prevailed in Cambodia in recent months as a result of the abusive use of this legislation still haunts the international community.
Furthermore, despite claims to the contrary, the Asian Human Rights Commission has learned that Prime Minster Hun Sen has not withdrawn the lawsuits he had filed simultaneously against several human rights activists, including: Men Nath (the President of the Cambodian Independent Civil Servants Association); Ear Channa (the Deputy Secretary-General of the Student Movement for Democracy); Dr. Say Bory (the Councillor of retired King Sihanouk); and Sean Pengse (the President of the Cambodian Borders Committee).
The continuation of these legal actions for criminal defamation and the delay in the decriminalisation process are at odds with the Prime Ministers claims and are illustrative of a lack of good faith on his part. They indicate quite clearly that Prime Minster Hun Sen is still making use of this law and the Cambodian courts to silence the afore-mentioned persons and any other persons that are critical of him. This is part of an attempt by the Prime Minster to consolidate absolute power in the country, in violation of the Cambodian Constitution, which declares Cambodia as being a liberal democracy. The government continues to deny the Cambodian people their full and unhindered right to the freedom of expression. The criminal defamation law is the main tool being used to deny people this right and to intimidate the entirety of Cambodian society.
The Asian Human Rights Commission urges Prime Minister Hun Sen to act in good faith with regard to his recent statements and to withdraw all defamation lawsuits launched against Cambodian citizens. Furthermore, the Prime Minister is urged to submit an amendment bill for adoption as a matter of urgency by the Cambodian Parliament concerning the annulment of Article 63 of the UNTAC Law of 1992 on criminal defamation and libel. Given that the Prime Minister made arrangements for the pardoning of opposition MPs Sam Rainsy and Cheam Channy within just 72 hours, the AHRC believes that the abolition of the defamation law can also be performed with similar urgency, if the Prime-Minster is willing to do so, as he has recently publicly declared.
