The latest draft of Cambodia’s law on peaceful demonstrations is so restrictive, that if adopted, the Cambodian people will be unable to exercise their rights to demonstrate and express their opinion at all. This law is the latest move by the government to institutionalise restrictions on freedom of expression and assembly (see AS-038-2006 for further discussion). Such restrictions are detrimental to genuine democracy and human rights.
According to the copy of the latest draft obtained by the Asian Human Rights Commission, all demonstrations are subject to prior approval, either through a ‘notification’ or a ‘permit’. A notification is required for demonstrations with 50-200 participants, which may be held in designated ‘freedom parks’ for four hours at most, while bigger demonstrations require a permit. Article 13 of the draft law requires such a notification to be made to competent authorities four hours on any working day or 24 hours on any holiday, before the demonstration is to be held.
Provincial or municipal authorities are required by article 27 of this law to designate “at least one” freedom park within their territorial jurisdiction. These parks are to be within visible or hearing distances of the public. Considering current restrictions on public demonstrations as well as the scarcity of open spaces in urban centres, particularly following the indiscriminate sale of public lands, it is likely for only one such park to be designated within any territorial jurisdiction. It is just as likely that this park will be located far away from the majority of residents. All of these factors will inevitably discourage people from exercising their rights to freedom of assembly and expression. Furthermore, groups of less than 50 persons will be deprived of their right to demonstrate. The limitations on the size of demonstrations, as well as the prior requirement of notifications or permits serve to stifle the spontaneous spirit of society, which is essential to any genuine democracy.
For those demonstrations requiring a permit, the application procedure is far more complex. A demonstration must be organised by at least three persons, and the application for a permit must be submitted to the provincial or municipal authorities at least ten days prior to the demonstration. The application must include the organisers’ names, addresses and other information as well as the purpose of the demonstration, the date, time and place of the demonstration, the number of participants, the transport to be used, the number of flags, posters and banners to be displayed, the music, and the audio equipment to be used. The authorities are in this way given unusual power to censor any material to be used during the demonstration or to reject the application if the material or purpose of the demonstration is not to their liking.
The law requires the authorities to decide upon the application within eight days. According to article 8, a demonstration may not be permitted if there is clear evidence that it poses a danger to or can seriously affect security, safety and public order. This decision can be appealed at the Ministry of Interior in Phnom Penh, which must also make its decision within 48 hours. In order to appeal against the Ministry’s decision, the organisers must approach a court of law, which is required to give its decision 48 hours prior to the date of demonstration. However, the law does not specify which court is to be approached–whether the court of first instance in Phnom Penh, or the court in the province or municipality where the demonstration is to be held. It also does not specify whether the courts decision is final or whether further appeals may be made to higher courts, or even to the Constitutional Council, to examine the constitutionality of the decision affecting their constitutional right to freedom of assembly and expression.
In addition to the lengthy and demanding procedure necessary to get approval for demonstrations, the draft law also requires the organisers to be responsible for a number of things during the demonstration. These include ensuring that the demonstration proceeds in an orderly manner and keeps to the time agreed upon, failing which they will be reprimanded. The organisers must also ensure that participants hold no weapons or dangerous implements and that the participants do not infringe upon the rights and freedoms of persons not participating in the demonstration. Under article 21, the penalty for not fulfilling this requirement is a two-year ban from organising any demonstration and a fine of 1-5 million riels (USD 250-1,250). However, this requirement is in fact the responsibility of the police.
The restrictions codified in this draft law are beyond what is required for the protection of national security, public order, or the rights and freedoms of others. The law therefore goes against the spirit of international law as well as Cambodia’s constitution. It will merely serve to heighten political repression and control.
In order for the Cambodian government to honour its commitment to human rights under the Paris Peace Accords on Cambodia, it should immediately redraft this law. The obtaining of permits should be abandoned. At most, notifications can be adopted for all peaceful demonstrations, regardless of size. The procedure for the notification should be simplified. Under no circumstances should censorship of any material to be displayed or ideas to be expressed during the demonstration occur. The idea of ‘freedom parks’ should be abandoned and demonstrations allowed to be held at places agreed upon between local authorities and organisers or demonstrators themselves. If any restriction is required, the concerned authorities should adopt the principle of proportionality, that is, a balance between this right and the protection of the rights and freedoms of others. Any restriction or total ban should be supported by reasons backed by clear and undeniable evidence.
The Asian Human Rights Commission also urges the international community to engage with the Cambodian government on this issue. The Secretary-General of the United Nations, through his Special Envoy for Human Rights in Cambodia, the UN High Commissioner for Human Rights, all donor countries and state signatories to the Paris Peace Accords on Cambodia should work with the Cambodian government to redraft the law with the above recommendations.
