CCHR
MEDIA COMMENT – Phnom Penh, 23 August 2013
CCHR
condemns the disruption by the authorities of public forum organized by CCIM
The Cambodian
Center for Human Rights (“CCHR”) condemns the disruption of the publicforum on elections organized by the Cambodian Center for Independent Media
(“CCIM”) in Battambang on 22 August 2013 as reported in The Phnom Penh Post today (Friday, 23 August 2013). The authorities
cracked down on the forum, preventing participants from entering the private
house where it was taking place. They claimed that the forum was not permitted
by law, as the organizer had not asked for authorization in advance. No such
authorization for the organization of public trainings and forums is required
under Cambodian law.
The right to freedom of assembly is guaranteed under
Article 41 of the Constitution of the Kingdom of Cambodia and under Article 21
of the International Covenant on Civil and Political Rights (the “ICCPR”),
ratified by Cambodia in 1992. Under both laws, the right to freedom of assembly
may be subject to some restrictions for the protection of public order,
national security, public morals and the rights and freedoms of others. In this
case, there is no evidence that restrictions of the assembly – the public form
organized by CCIM – were justified on any of the above grounds. The crackdown
by the police was a disruption of public order in and of itself. The actions of
the authorities are therefore in violation of the right of Cambodian citizens
to freedom of assembly. Through effectively silencing the forum organizers and
participants, the authorities also acted in violation of the citizens’ rights
to freedom of expression, which is protected under Cambodian domestic and
international law – Article 41 of the Constitution and Article 19 of the
ICCPR.
The disruption by the authorities of public forums
and meetings organized by non-governmental organizations (“NGOs”) in Cambodia
is a regular occurrence. On 27 July 2012, CCHR organized a joint training
session on land rights with local partner the Cambodian Human Rights and
Development Organization (“ADHOC”) in Ratanakkiri province, which was disrupted
by local authorities claiming that CCHR and ADHOC had failed to obtain
permission for the workshop. By law it is not required that organizers ask
permission to hold such trainings and CCHR had in fact notified the authorities
in advance out of courtesy. The joint training was eventually canceled due to
safety concerns as the situation quickly escalated when one of the police
officers arrived on the scene with an M-16 assault rifle. Some months later, on
24 September, the governor of Lomphat district, Ratanakkiri province tried to
prevent CCHR from holding a public forum in his district, once again claiming
that CCHR did not have a valid permission letter, despite the lack of legal
justification for this claim.
In response to
this case, CCHR Freedom of Expression Project Coordinator Ramana Sorn states:
“Such
disruption by the authorities of NGO events is not new in Cambodia. The
aggressive crackdown on public forums and trainings not only constitutes a
grave violation of the rights to freedom of assembly and expression but also
disrupts public order and increases the risk of violent clashes – what the
authorities profess that they are attempting to prevent. National authorities
must ensure that local counterparts are aware of the laws in place and the
rights of their constituents in order to avoid such incidents in the future.”
For
more information, please contact Project Coordinator Ramana Sorn via telephone
at +855 (0)17 655591 or e-mail at ramana.sorn@cchrcambodia.org or Consultant Orla Kelly via
telephone at +855 (0)67 727025 or e-mail at orla.kelly@cchrcambodia.org.
Please find the English version of this media comment attached in PDF. The Khmer version will follow shortly.
Kind Regards,
CCHR
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