In its meeting with NGOs on April 6, 2006 to discuss the draft law on demonstrations, Cambodia’s ministry of interior announced a ban on any demonstration to protest against the prime minister. Citing political instability, the ministry’s secretary of state, Nuth Sa An, said any demonstration calling for the prime minister’s resignation would be banned. Only a vote can oust him from power, he added. To emphasise his point, Nuth Sa An denounced the recent demonstrations in Bangkok leading to the resignation of the Thai prime minister. However, demonstrations against government ministers may be organised, asking for the prime minister to remove them.
This ban blatantly violates the freedom of expression and association as protected by the Cambodian constitution and the International Covenant on Civil and Political Rights (ICCPR), which Cambodia is party to. The Cambodian constitution allows restrictions on the exercise of these two rights, but these restrictions are limited to the protection of the King, whom it declares inviolable, the honour of others, the good traditions of Cambodian society, national security and public order. The ICCPR also allows restrictions that are “necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others”. Neither the Cambodian constitution nor the ICCPR allow restrictions for the protection of political stability.
Such a ban does not benefit any democratic society, which, according to its constitution, Cambodia is. The European Court of Human Rights in Handyside v. United Kingdom (December 7, 1976, 1 EHRR 737), notes that in a democratic society freedom of expression “is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population”.
For fear of further criticism of the draft law on demonstrations, this ban may not be written into the final draft, but in an executive order or police regulation after the law has been adopted. (For previous discussion on the draft law, please see AS-042-2006). The Asian Human Rights Commission (AHRC) is aware that there is no parliamentary, judicial, or other form of review of the application of laws, rules and regulations in Cambodia. Nor is there any easily accessible channel for ordinary citizens to challenge executive orders or police regulations violating their rights. This draft law on demonstrations is indicative of how the constitutional rights of the Cambodian people are violated not only by poor or harsh enforcement of laws and regulations, but by defective legislation itself.
At the April 6 discussions, the interior ministry agreed to remove clauses relating to the responsibility of demonstration organisers for the wrongdoings of demonstrators or non-demonstrators, as well as the censorship of materials to be used for the demonstration. Despite these removals, serious restrictions such as the authorities’ discretion to ban any demonstration viewed as posing a danger to or seriously affecting security, safety, public order and political stability, the permit system for bigger demonstrations, the mandatory holding of smaller demonstrations in ‘freedom parks’ and the requirement of prior notification, all remain in the draft. With these restrictions, the law remains an instrument of repression. Furthermore, the ministry’s ban on demonstrations against the prime minister is nothing but the legalisation of his absolute power. Such absolute power will allow him to manipulate any vote to perpetuate his rule.
The AHRC therefore repeats its call to the Cambodian government to honour its human rights obligations and enact laws promoting and protecting human rights. The ministry of interior should remove all the above mentioned restrictions from the draft law, as well as its ban on demonstrations protesting against the prime minister.
The AHRC also repeats its call to 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 improve the law with the above recommendations.
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About AHRC The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984
