In violation of their right to freedom to expression, the Kampuchea Krom community, on March 6, 2006 was denied permission to demonstrate against the arrival of Vietnamese Prime Minister Phan Van Khai in Cambodia. The community is an association of indigenous people of Vietnam now living in Cambodia as Cambodian citizens. The right to freedom of expression has been denied by the Cambodian authorities since 2003, when a mob attacked the Royal Thai embassy and Thai businesses in the capital, Phnom Penh. The attack was sparked by reports of derisive remarks made by a Thai actress about Cambodias ancient temple of Angkor Wat.
Since this incident, most public demonstrations in Phnom Penh have been banned. When unauthorised demonstrations against high petrol prices were staged in 2005, the participants met with police riot squads who used electric batons to beat them. They were then arrested and forced to sign a promise not to demonstrate again before being released. Students organising demonstrations against foreign encroachment on Cambodian territory were treated in a similar manner. They were intimidated by a group of youths widely known to be sponsored by senior government officials. Although the students filed a complaint against the violation of their right to freedom of expression, the court dismissed their case.
The Cambodian government also started to restrict public forums in 2005 by instructing the Buddhist clergy to bar the Cambodian Center for Human Rights (CCHR) from holding such forums within their premises. These forums allowed people throughout the country to meet with parliamentarians and local officials to talk about issues of concern, vent their grievances or criticise government officials, including the prime minister. When the CCHR attempted to hold the forums elsewhere, they faced police restrictions. On several occasions the forums were disrupted or halted by elements known to be linked to the ruling party, which had refused to participate in the forums.
Meanwhile, the government has allowed for public demonstrations on corruption or to celebrate international women’s day or international human rights day. However, during these demonstrations the Cambodian police have censored the slogans on banners and have dictated the route of the procession or the location of the demonstration. More than law and order–for which demonstrators have had great respect since the inception of their constitutional rights in 1993–the police have been concerned with censoring the banners and slogans of demonstrators.
Such censorship is linked to the use of criminal defamation by the government, together with restrictions on public assembly, to silence its critics. Nine human rights activists were charged with criminal defamation in 2005, five of whom were arrested but later released on bail. Two opposition parliamentarians were also charged. One was sentenced and later pardoned, while the lawsuit against the other was dropped.
Following the release on bail of the activists, Prime Minister Hun Sen withdrew his defamation lawsuits and declared his support for the abolition of criminal defamation law. Such declarations however, as well as the pardon for the opposition parliamentarian, were made only to please the international donors ahead of their meeting on March 2 and 3, 2006. According to the prime minister, the released human rights activists can be rearrested if they show any ‘arrogance’.
The prime minister’s statement makes it clear that the relaxation of the repression is in appearance only. In fact, the restrictions on freedom of expression could well become institutionalised by the bill currently being drafted on peaceful demonstrations. According to this bill no demonstration can be organised without a permit issued by the provincial or municipal authorities. An appeal against a refusal of permit must be filed with the Ministry of Interior and, failing to secure it, to a court of law, with no time frame specified for the court’s adjudication. The lengthy procedure to obtain a permit from remote–for the majority of Cambodians–institutions, already constitutes a restriction on the freedom of expression. The bill also increases the scope for censorship, as organisers are required to submit banners and other material to be used with their permit applications. It imposes civil liability on organisers for the discipline and behaviour of participants, which should in fact be the responsibility of the police. The bill’s clause allowing authorities to designate ‘freedom parks’ where demonstrations are to be held is a further restriction on the freedom of expression, particularly when these parks are located far away.
The Cambodian government has also kept in place a longstanding restriction on broadcasting, and material to be aired on the radio or television is heavily censored. Cambodia has only one independent radio based in the capital, Beehive Radio, whose coverage radius is hardly 100 kilometres. Cambodia tolerates a degree of free press, but newspapers are not widely read due to either poverty, illiteracy or the lack of reading habits.
The above restrictions, which in most instances are implemented through force, are a stark violation of the rights to freedom of expression and opinion, freedom of assembly and freedom of the press, as guaranteed and protected by article 41 of Cambodias constitution, and by articles 19 and 21 of the International Covenant on Civil and Political Rights, which Cambodia is party to. The Asian Human Rights Commission therefore urges the Cambodian government to end all restrictions on the holding of public forums, assemblies or demonstrations. All clauses restricting the freedom of expression should be removed from the draft law on peaceful demonstrations. The government should also end all censorship and restrictions of the media. Finally, the criminal defamation law should be immediately repealed so that the Cambodian people can fully enjoy their right to freedom of expression.
