Cambodia: Ahead of upcoming UN review, Hun Manet’s government continues targeting activists and critics

The state of civic space in Cambodia is rated as 'repressed' by the CIVICUS Monitor. Repressive laws are routinely misused to harass and criminalise human rights defenders, trade unionists, youth activists, journalists and the political opposition.

CIVICUS and FORUM-ASIA made a submission to the UN Human Rights Council in October 2023 ahead of the upcoming Universal Periodic Review (UPR) of the country in May 2024. Among the concerns raised were excessive restrictions on association under the Law on Associations and Non-Governmental Organisations, suppression of protests, and restrictions and surveillance online. It also documented cases of human rights defenders, activists and journalists who were consistently convicted and detained under vaguely-worded charges, and actions that undermine the freedom of media and target journalists and critics of the government.

On 20th November 2023, the Cambodia Center for Human Rights (CCHR), the Cambodian Human Rights and Development Association (ADHOC) and Solidarity Center jointly released a report summarising the observations related to the adherence to and violations of fundamental civic freedoms from 1st January to 30th September 2023 related to the 2023 Cambodia national elections. The report documented 147 incidents, with a peak observed in July 2023.

The UN Special Rapporteur on the human rights situation in Cambodia, Vitit Muntarbhorn, carried out an official five-day visit from 4th to 8th December 2023, to evaluate the country's record on human rights and freedom of expression.

In January 2024, Human Rights Watch said that Cambodia’s new prime minister Hun Manet has not brought about positive changes in human rights in the country. Its rights record worsened in 2023 as the ruling Cambodian People’s Party tightened control over the judiciary and other state institutions, subverted the July 2023 national election by preventing the main opposition party’s participation, shut down independent media outlets, and targeted critics with harassment, detention and physical violence.

In recent months, the government continued to criminalise activists and critics for their peaceful expression as well as harass members of their families. Opposition members faced judicial harassment while environmental activists were questioned for a peaceful gathering. Trade unionist Chhim Sithar and opposition members remain in jail, while there is still no justice and accountability for violations at a 2013 workers’ protest.

Expression

Activist faces politically motivated defamation suit

A politically motivated defamation lawsuit has been brought against Soeng Senkaruna, deputy head of the Human Rights and Land Rights Section and Senior Human Rights Investigator of the Cambodian Human Rights and Development Association (ADHOC), a member organisation of FORUM-ASIA.

The complaint was brought by Hun Sen - former Cambodian Prime Minister and current leader of the ruling Cambodian People’s Party (CPP) – on 5th February 2024, following the publication of an article on the Cambodia Daily Khmer which quoted Senkaruna as saying that the CPP has often used the country’s judiciary to intimidate the political opposition and that political disputes should be resolved politically rather than through the courts.

Hun Sen accused Senkaruna of dishonouring the CPP, stressing how his comments could incite hatred against the party ahead of the upcoming senate elections. CPP lawyers have demanded two billion riels (USD 500,000) in compensation.

Senkaruna’s quote was based on his interview with Radio France International regarding a lawsuit against Son Chhay, vice president of the opposition Candlelight Party. Chhay was convicted of defamation based on a complaint by the CPP and the National Election Committee in relation to his allegations of irregularities and vote rigging against the latter two in the 2022 commune council election.

However, Senkaruna claims that the newspaper misquoted him, clarifying that he did not mean to attack any political party. His remarks, Senkaruna stressed, were focused on strengthening respect for human rights, law, social justice and democracy. Giving credence to Senkaruna’s claim is the fact that the Cambodia Daily Khmer published a correction, acknowledging its mistake.

Government critic charged with incitement and defamation

A government critic, that was previously attacked, was arrested on 5th January 2024 on charges of incitement and defamation after he made a Facebook comment that mocked the Ministry of Commerce. Minister of Labour Heng Sour filed a complaint against Ny Nak after he posted the comment about a Ministry of Commerce statement that said it aims to register 10,000 new companies this year as it seeks to encourage investment in Cambodia.

As previously documented, in September 2023, Ny Nak was assaulted and beaten, with his wife, by baton-wielding motor cyclists in Phnom Penh. The attack occurred after he had complained on social media about how the Minister of Agriculture Dith Tina handled a report on rice prices. The attack by men in black clothes and black helmets, happened in daylight and left the man unconscious. He was hospitalised for more than a week with a swollen face and had to have stitches in his forehead.

On 8th January 2024, Sok Synet said that her detained husband expressed remorse for his Facebook comment. During Synet's visit to Ny Nak at Prey Sar prison near Phnom Penh, he admitted his wrongdoing. In recent years, numerous government critics and opposition activists have made public apologies and in-person appeals for forgiveness to the former Prime Minister Hun Sen after they ran into legal trouble

Exiled journalist lives in fear

Journalist Taing Sarada, currently residing in the USA, continues to remain fearful for his safety and that of family members residing in Cambodia, according to an article by Voice of America on 6th December 2023. Taing is the chief correspondent at The Cambodia Daily, an exiled media outlet operating independently after its closure in Cambodia in 2017.

On his Khmer-language video show “Idea Talk,” Taing attracts between 50,000 and 80,000 viewers as he challenges the Cambodian government on corruption, human rights, environmental issues and other topics.

As previously documented, on 19th June 2023, Taing received death threats from the popular social media commentator and licensed media publisher Pheng Vannak. Taing’s experience accentuates a broader trend of transnational repression by authoritarian governments targeting dissidents beyond their borders.

Association

Family of imprisoned activist detained briefly

On 6th December 2023, six police officers entered the office of human rights group LICADHO in Banteay Meanchey province and detained four individuals who were seeking legal advice on behalf of political activist Kang Saron. Kang Saron, who is being represented by LICADHO's legal team, has been imprisoned since November 2023, and was sentenced to three years in prison by the Banteay Meanchey Provincial Court on charges of defamation, incitement and insulting the king.

Kang Saron was arrested in July 2023 after he criticised the ruling Cambodian People’s Party on Facebook for their failure to address issues such as illegal immigration from Vietnam, drug use, government corruption and widespread economic insecurity in society.

Opposition Candlelight Party activists continue to face judicial harassment

Members and activists of the leading opposition Candlelight Party - which was barred from running in the July 2023 elections - have continued to face judicial harassment.

On 10th November 2023, the Supreme Court ordered the continued detention of two Candlelight Party officials. The court dismissed the appeal of Touch Theung, a provincial leader of the Candlelight Party, who was found guilty of forgery and the use of forged documents in March 2023. Additionally, the Supreme Court affirmed the pre-trial detention order for Chao Veasna, the Poipet District president and a Steering Committee member of the Candlelight Party, who is currently awaiting trial on charges of incitement. Following the hearing, both opposition officials were remanded back into prison.

On 1st February 2024, another two political activists were arrested. Ma Chinda, who serves as the head of the youth movement for the Candlelight Party in Phnom Penh's Daun Penh district, was arrested on 31st January 2024, coinciding with a planned meeting of the Candlelight Party in the capital. On the same day, Hak Kosal was also arrested. Just one day prior to his arrest, Kosal had submitted a list of election observers for the upcoming Senate Elections on behalf of the Khmer Will Party (KWP) to the Phnom Penh Provincial Election Committee (PEC). According to a statement released by the Candlelight party, both men were arrested off the street without the police showing them a warrant.

Appeal of opposition politician Kem Sokha

On 30th January 2024, according to LICADHO, the Phnom Penh Appeal Court began the hearing of politician Kem Sokha, convicted for treason and conspiracy. On the day of the trial, authorities blocked roads surrounding the Appeal Court, preventing members of the public and the media from accessing the front of the court building.

During the hearing, Sokha’s lawyers requested that the Appeal Court review the restrictive conditions of his bail. However, the judges declined to overturn the conditions of his supervision.

Amnesty International said: “We urge the Cambodian authorities to overturn the baseless treason conviction and sentence of Kem Sokha and end their ongoing crackdown against opposition groups. The conviction and 27-year prison sentence for Sokha, a political opposition leader, shows Cambodian authorities’ disregard for human rights and the rule of law.”

As previously documented, Kem Sokha - the former president of the dissolved opposition Cambodia National Rescue Party (CNRP) - was arrested in September 2017, just two months after the July 2017 commune elections. He was later released on bail in September 2018, but was subject to de facto house arrest under judicial supervision conditions. In March 2023, the Phnom Penh Municipal Court sentenced Kem Sokha to 27 years in prison, and immediately transferred him to house arrest pending the exhaustion of any appeals.

Court overturns conviction of two land activists

On 26th February 2023, the Supreme Court overturned the convictions of two land activists from the Boeung Kak Lake Community. The activists, 83-year-old Nget Khun (also known as Yeay Mommy) and 58-year-old Cheang Leap, had been convicted by two lower courts of making death threats in March 2012.

According to LICADHO, members of Phnom Penh’s Boeung Kak Lake Community faced a prolonged dispute after the government leased the lake to a private company in 2007. Community members were routinely imprisoned and convicted for defending their homes and speaking out against the forced evictions.

The charges related to an incident in which papers printed with death threats against former community member Ly Mom were found scattered outside her home. Ly Mom filed complaints against six Boeung Kak Lake Community members, including Khun and Leap. The six women maintained that they were not responsible for the threats.

Despite Ly Mom dropping the complaint in 2016, the six community members were convicted by the Phnom Penh Capital Court under Article 233 of the Criminal Code in August 2018, and received six-month suspended sentences. Four activists, including Khun and Leap, appealed the judgment to the Phnom Penh Appeal Court, which in September 2023 upheld the lower court’s verdict. Khun and Leap were the only defendants to appeal the verdict to the Supreme Court, which dropped the charges against them.

Peaceful Assembly

Environmental activists questioned for peaceful gathering

On 12th January 2024, a group of around 12 youth and environmental activists, along with a foreign national, from the environmental activist group Mother Nature were detained and questioned for several hours by Phnom Penh authorities after peacefully advocating for the preservation of Koh Kong Krao island. The island is slated for development, including a special economic zone developed by ruling party senator Ly Yong Phat.

The youths displayed a banner saying “Sunday for Koh Kong Island” and took photographs along the Phnom Penh riverside while non-uniformed security personnel monitored them. Upon leaving the area, they were forcibly taken by Daun Penh district security guards to the district office for questioning. Once in custody, the police asked the activists to write their biographies including any instances of past crimes. The youths were later released after being questioned throughout the afternoon.

Mother Nature Cambodia is an environmental rights organisation that advocates and campaigns locally and internationally for the preservation, promotion and protection of Cambodia's natural environment. As part of their work, the organisation monitors and challenges gross environmental violations and also raises awareness, educates and empowers people by providing them with training and financial support. In 2023 they were among the recipients of the Right Livelihood Award for their fearless activism.

Call for release of the LRSU trade union leader

On 26th December 2023, about 50 individuals from grassroots organisations and unions assembled in front of Correctional Center 2 prison, advocating for the release of Chhim Sithar, the President of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU). The gathering was closely observed by around 10 plainclothes authority officers, who documented the event by taking photographs and videos of the participants.

As previously documented, in May 2023, Chhim Sithar, along with eight other present and past union activists, were convicted for incitement by the Phnom Penh Municipal Court. This legal action stemmed from their involvement in peaceful union activities. Chhim Sithar received the maximum sentence of two years in prison. The Phnom Penh Appeal Court subsequently affirmed this verdict in October 2023.

Families of opposition CNRP members gather to urge release of relatives

On 10th January 2024, eleven family members of detained Cambodia National Rescue Party members peacefully assembled outside the French Embassy, urging the release of their relatives who face charges of plotting and incitement, while authorities and police officers near the protest observed and photographed the demonstrators. The protesters also called for an end to judicial harassment against social and political activists.

As previously documented, prosecutors have launched mass trials since 2021 on unsupported charges of ‘incitement’ and ‘conspiracy’ against more than a hundred people connected with the dissolved Cambodian National Rescue Party (CNRP).

According to ADHOC, three representatives from the ‘Friday Women’ movement were granted entry into the French Embassy to meet with its officials.

The ‘Friday Women’ movement has been protesting since June 2020 against the jailing of their husbands, brothers and other relatives who were affiliated with the CNRP and who have been subject to heavy-handed tactics including being beaten, kicked, dragged along the ground and, in many cases, arrested. Those who have avoided jail are often followed by the police and subject to surveillance by local authorities.

Still no justice and accountability for violations at 2013 workers’ protest

On 3rd January 2023, about 100 individuals assembled at Solidarity House in Phnom Penh to commemorate the 10th anniversary of the tragic incident at Veng Sreng Boulevard where government forces opened fire on protesting workers, resulting in the death of at least four individuals and injuries to 38 others. One has remained missing to this day.

The violent crackdown on the protest was a brutal and disproportionate response to a strike by garment workers calling for an increased minimum wage. The eventual investigation into the shooting was reported to have lasted just three weeks and failed to hold anyone accountable.

In a statement, civil society organisations, unions and association urged the Cambodian government to uphold workers' rights and provide compensation to the victims and their families affected by the massacre, including individuals wrongfully detained.