Freedom of expression in Cambodia has suffered another big blow. On November 10, Prime Minister Hun Sen said publicly that he “could send tanks to arrest” those who “had suggested a change of government”, which he called “divisive” and “unpardonable”.
Though he did not name names, it is widely believed that Hun Sen’s comments were aimed at Prince Sisowath Thomico, whom in September he told should “prepare his coffin” for calling for power to be returned to retired King Norodom Sihanouk. Thomico had elaborated on an idea of then-FUNCINPEC party leader Prince Norodom Ranariddh and urged the minority parties to combine and seek a majority in parliament with which to return power to Sihanouk.
Hun Sen has invariably construed any criticism as incitement to overthrow his government, and uttered threats that have often been realised in efforts to silence critics. His latest threats of death and arrest are strongly reminiscent of the extreme measures that the Khmer Rouge used in the 1970s, which led to the massacre of some one and half million people. They flout the rule of law, suggesting that the prime minister has the authority to arbitrarily arrest and kill anybody.
These threats also blatantly violate the right to freedom of expression in article 41 of the Cambodian constitution. What does this freedom entail? One authority, the European Court of Human Rights, has written that
“It 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. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’.” (Handyside v. the United Kingdom – 5493/72 [1976] ECHR 5, 7 December 1976)
In 2004, the Venice Commission made clear that freedom of expression includes the freedom to attack the constitutional order and government of a country: “A citizen ought to be free to use words to make either form of attack and to hold a meeting for that purpose provided that he or she does so in a peaceful manner.” (European Commission for Democracy through Law, Opinion no. 284 / 2004, 23 April 2004)
The right to freedom of expression and the limits in its exercise as provided for in the Cambodian constitution, the International Covenant on Civil and Political Rights (article 19), and the European Convention for the Protection of Human Rights (article 10) are almost identical. So the norm, standard and form established by those other institutions should also apply to Cambodia.
The Asian Human Rights Commission (AHRC) urges the Cambodian government and its prime minister to recognise and adopt the norm, standard and form of freedom of expression established in international and regional human rights communities. It calls for restraint and caution in resorting to any measures against government critics. Above all, government actions must abide by the due process of law.
The AHRC also urges donor governments, UN agencies, international aid agencies, and the international human rights community not to condone these threats. It urges all concerned parties to join its call for recognition of the full enjoyment of freedom of expression in Cambodia, in accordance with the national constitution and international instruments.
