Cambodia: Environmental, land and labour activists targeted by the government

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.

Former prime minister Hun Sen and father of current prime minister Hun Manet was elected as the president of the Senate – a rubber stamp body - on 3rd April 2024, further entrenching the power of the ruling family. The position will grant Hun Sen responsibility of acting as head of state in the absence of King Norodom Sihamoni.

On 19th April 2024, UN experts urged Cambodia to cease harassment and prosecution of human rights defenders and civil society activists, emphasising their right to freely exercise civil and political rights. The experts urged the Hun Manet administration to protect fundamental rights, repeal laws conflicting with international standards, engage in dialogue with the opposition and civil society, and ensure national legislation aligns with international human rights laws.

On 8th May 2024, during the 46th Universal Periodic Review of Cambodia by the UN Human Rights Council, member states made a series of recommendations. Among other things, they called on the government to establish an independent national human rights institution; cease harassment, intimidation, arbitrary arrest and unjust prosecution of political opposition, human rights defenders, journalists and media workers and labour activists; and release detained human rights defenders.

There were also calls to amend laws and regulations that unduly restrict the freedom of opinion and expression; reverse the forced closure of media outlets; repeal provisions of the Criminal Code that criminalise defamation; and to bring the Law on Political Parties and the Law on Associations and Non-Governmental Organisations into accordance with the International Covenant on Civil and Political Rights.

In recent months, activists linked to environmental group Mother Nature Movement were convicted, activist Koet Saray was charged and detained for speaking up on eviction, and the conviction of union leader Chhim Sithar was upheld. Harassment and prosecution of union leaders persisted while labour rights group CENTRAL was targeted for reporting on violations against unions. Land activists were convicted for attempting to deliver a petition, while a leader of the informal worker group IDEA was charged and detained. Opposition members were arrested, harassed and attacked, while reprisals against journalists escalated. Samrong Tbong community members holding a protest were pushed back violently by the police.

Association

Conviction of ten activists linked to environmental group Mother Nature Movement

On 2nd July 2024, ten activists, associated with environmental group Mother Nature Movement were convicted and sentenced.

The Mother Nature Movement is an environmental group that focuses on defending and protecting Cambodia’s natural resources. They have raised issues around the filling-in of lakes in Phnom Penh, sand mining, illegal logging and the destruction of natural resources across the country, and its members have faced repeated judicial harassment and imprisonment. The group was awarded the 2023 Right Livelihood award for their work, though some of the members were prevented by the court from travelling to Stockholm to receive the award in person.

Activists Yim Leanghy, Sun Ratha and Alejandro Gonzalez-Davidson were sentenced to eight years’ jail and a ten million riel (USD 2,434) fine for the offence of ‘insulting the King’ (Article 437 bis) and ‘plotting’ (Article 453 of the Criminal Code). Other activists, Thun Ratha, Long Kunthea, Phuon Keoraksmey, Ly Chandaravuth, Binh Piseth, Rai Raksa and Pork Khoeuy were sentenced to six years’ jail for the offence of ‘plotting’ and an arrest warrant was issued.

Alejandro Gonzalez-Davidson, the co-founder of Mother Nature and a Spanish national, was sentenced in absentia as he has been barred from entering the country since 2015, after being deported for his work protecting environmental rights.

The charges of ‘plotting’ were initiated against them in 2021 after they documented waste run-off into Phnom Penh's Tonle Sap river, while the charges of insulting the King are linked to a statement made in an online meeting in May 2021. The trial of the activists started on 24th May 2024.

Following the verdict, four of the activists who were present outside the court premises in Phnom Penh were violently dragged off and arrested by the police while a fifth was detained separately. The five activists have been sent to prisons hundreds of kilometres away from their residences and families, in contravention of international standards around the treatment of prisoners.

Activist charged and detained for speaking up on eviction

On 5th April 2024, Koet Saray, president of the Khmer Student Intelligent League Association was arrested after a raid on his office by plainclothes police officers.

He was arrested after meeting villagers who were hiding following an eviction and speaking to the media about the decade-long land dispute where around 300 families in several villages were evicted from their homes in Kuleaen District to make way for a rubber plantation on a land concession given by the government to Phnom Penh-based Seila Damex Co. Ltd.

On 6th March 2024, police had used tear gas and fired guns in the air to disperse a protest against the eviction. Over 40 villagers were arrested and 28 were held in pre-trial detention as of 12th March 2024, charged with illegal encroachment on forest land. The authorities also burned down people’s homes.

Saray is charged with incitement to commit a felony or disturb social security under Articles 494 and 495 of the Criminal Code. He faces an additional charge under Article 88 of the Criminal Code that could result in his prison sentence being doubled for being convicted twice for the same misdemeanour within five years.

Previously, Saray was charged with incitement and sentenced to 20 months in jail alongside 10 others in October 2021. They were convicted for participating in a peaceful protest advocating for the release of unionist Rong Chhun, who was then imprisoned.

He was denied bail by the Supreme Court on 7th August 2024.

Conviction of union leader Chhim Sithar upheld

On 4th May 2024, the Supreme Court upheld the verdict of the Phnom Penh Municipal Court to convict Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU) president Chhim Sithar

Lawyers defending Sithar and eight other union members urged the judiciary to drop their charges on the basis that the ruling was “inconsistent with the law” and “unreasonable”.

Chhim Sithar was convicted on charges of “incitement to felony or disturb social order” in relation to a strike in 2021 over layoffs at the NagaWorld Casino in Phnom Penh. She was sentenced, along with eight others, to jail terms of between one to two years in May 2023. She is the only one serving a jail term as the others were given suspended sentences or monitoring orders.

Harassment and prosecution of union leaders

On 7th May 2024, Morm Rithy, vice-president of the Cambodian Labour Confederation (CLC), was convicted in absentia by the Phnom Penh Municipal Court. He had been charged in February 2022 for criticising the management of Jin Bei 2 casino live on Facebook for accusing a member of his federation, Morm Sreyleak, of helping a guest to cheat.

Rithy was sentenced to 18 months’ imprisonment for incitement under Articles 494 and 495 of the Criminal Code, as well as “Discrediting a Judicial Decision” under Article 523 and fined two million riel (USD 500). The verdict was issued without Rithy or his lawyer in attendance, as his lawyer had sought a postponement due to a scheduling conflict. On the same day he was arrested outside the Confederation’s offices.

On 20th June 2024, union leader Chea Chan was convicted and sentenced to one year in prison by the Kampong Speu Provincial Court over charges of​ being an accomplice to theft, which were filed shortly after Chan unanimously won a union vote at Wing Star Shoes factory. Six months of the one-year sentence were suspended.

According to LICADHO, Chan, a unionist with the Cambodian Alliance of Trade Unions (CATU), has been imprisoned since his arrest in February 2024, while the alleged theft had occurred years earlier. The union has called the charges judicial abuse to stifle freedom of association, and Chan reported receiving threats warning him against forming a union at the factory prior to the union vote.

Labour rights group CENTRAL targeted for reporting on violations against unions

In June 2024, labour rights group, The Center for Alliance of Labor and Human Rights (CENTRAL) faced harassment and a smear campaign for a report they published on unions and freedom of association in Cambodia.

On 4th June 2024, CENTRAL released a report following a one-year study, titled “Barriers to Representation: Freedom of Association in Cambodia”, which evaluates Better Factories Cambodia (BFC) and whether their current processes appropriately assess and adequately report on employer-imposed barriers to freedom of association. In the report, union representatives from 10 out of 14 workplaces said they faced violations of freedom of association. They include verbal intimidation, threats, harassment, obstacles to union registration, restrictive strike and collective bargaining policies and blacklisting, which “severely” affected their ability to function.

Following the report, CENTRAL has come under attack from pro-government unions, who organised protests outside their office, demanding that they ‘’correct’’ their report. CENTRAL was also accused of receiving foreign funding to “destroy peace and stability” in Cambodia. The groups also called on the Ministry of Interior to monitor and review CENTRAL’s activities.

On 24th June 2024, it was reported that the Ministry of Interior was planning to launch an investigation into CENTRAL’s operations and the use of foreign funds.

The National Audit Authority (NAA) began an audit of CENTRAL on 15th July 2024, based on the Law on Non-Governmental Organisations (LANGO) and the Law on National Audit, following a request from the Interior Ministry on 28th June. They were asked to provide information on all their Cambodian bank accounts within 30 days.

Land activists convicted for attempting to deliver a petition

On 27th June 2024, 12 Koh Kong land activists were convicted by a provincial court on incitement charges for attempting to travel to Phnom Penh in 2023 to petition authorities for a resolution to their long-standing land dispute.

The Koh Kong Provincial Court found all 12 defendants guilty of incitement and imposed a suspended sentence of six months in prison. The defendants are Det Huor, Heng Chey, Inn Thou, Lang Cheav, Phav Nheung, Seng Lin, Sok Chey, Soung Theng, Tith Tang, Yi Kunthea, Yoeut Khmao, and Rek Soeung.

In July 2023, the group of activists from three communities were stopped at Srae Ambel district in Koh Kong and prevented from reaching Phnom Penh to deliver a petition to Justice Minister Koeut Rith.

Leader of the informal worker group IDEA charged and detained

Chea Chantha, a local leader of the informal worker group Independent Democracy of Informal Economy Association (IDEA), was arrested on 16th July 2024 while talking to workers about accessing the National Social Security Fund (NSSF).

LICADHO reported that Chantha attended a workshop discussing climate change and social protections in Bavet, Svay Rieng. Later, he met with workers and was talking about the NSSF, a government social service, when police arrested him.

After being held for two days by police, Chantha appeared in court and was questioned. He was charged under Article 377 and 378 for fraud and Article 610 for conducting “activities causing misapprehension with the discharge of public functions” and sent to pretrial detention. If convicted, Chantha faces up to three years in prison.

IDEA works with informal workers and advocates for better living and working conditions, including improving access to government services. This includes disseminating information about registering and accessing benefits from the NSSF, which is a government-run programme guaranteeing workers access to medical services and disability benefits.

Opposition members arrested, harassed and attacked

Opposition members have been systematically targeted by the authorities. Many have been criminalised and some have faced harassment and physical attacks.

On 10th April 2024, San Bunchhay, a Cambodian-Australian opposition supporter, was severely beaten by six masked assailants in Battambang, in what he claimed was politically motivated violence. He was in Cambodia for a short visit for the Cambodian New Year. The attack occurred as he was leaving the ABA Bank with his family. The attackers, armed with bamboo sticks, prevented his family from intervening, despite the presence of security guards and bystanders. The guards eventually intervened, causing the assailants to flee. Bunchhay sustained body bruises and a bleeding head wound, requiring eight stitches.

On 28th April 2024, ahead of the provincial and district council elections, seven plainclothes police officers arrested Kong Thareth at his home, detained him overnight, and brought him to the provincial court for questioning the next day. Kong Thareth serves as the second deputy chief of Veal Vong commune, an elected local government position, and is also the deputy chairman of the Candlelight Party’s executive committee in Kampong Cham. No reason was provided for the arrest.

According to LICADHO, on 9th May 2024, Sun Chanthy, the president of the Nation Power Party (NPP) was arrested at Phnom Penh International Airport on an order to appear for questioning at the Internal Security department as he was returning from a trip meeting supporters in Japan. Chanthy was questioned on the charge of “incitement to disturb social security” which falls under Article 495 of the Criminal Code.

The NPP was formed in October 2023 following the arbitrary exclusion of the opposition Candlelight Party from the July 2023 National Election. Many of the party’s senior leadership were previously with Candlelight, including labour rights activist and former Candlelight Vice President Rong Chhun, who is now an advisor to NPP.

On 15th May 2024, the Battambang Provincial Court charged and detained Khmer Will Party candidate Phou Sovantha, less than two weeks before the provincial and district council election in May 2024. He was arrested for defamation and incitement over Facebook posts following a complaint from a former colleague now with the ruling party. Phou Sovantha was the Khmer Will Party candidate for the Battambang provincial council election in May and a former Battambang party chief for the Candlelight Party. He was held in pretrial detention.

On 25th July 2024, opposition Candlelight Party president Teav Vannol was found guilty of defamation and fined 10 million riel (about USD 2,500), and ordered to pay six billion riel (about USD 1.5 million) in compensation to the government. It follows his comment with a foreign media where he alleged that Cambodia’s democracy has been “regressing” since Prime Minister Hun Manet took office. His charges stemmed from an interview with Nikkei Asia and Radio France Internationale (RFI). In addition, he allegedly said the government had installed security cameras to monitor the activities of Candlelight leaders.

According to LICADHO, five opposition party members were arrested across two provinces in July 2024. Two Candlelight and two Khmer Will Party members from Kampong Speu’s Basedth district were arrested between 26th and 30th July and sent to pretrial detention. Ouk Sovanchhorn, a Candlelight commune councillor; Tok Dara, Candlelight’s Basedth district chief; and Boun Sarom and Chaem Savoeun, both Khmer Will district councillors, were charged under various articles of the Criminal Code for conducting routine party work.

In Svay Rieng, Peak Vanna, a Candlelight commune candidate from 2022, was detained after being charged with the unlawful use of a uniform designated for public authorities under Article 612 of the Criminal Code. Vanna was charged for wearing a camouflage jacket. He was arrested on 29th July.

Expression

Reprisals against journalist escalated

On 20th March 2024, CamboJA released the "Cambodian Journalism Situation Report 2023," which revealed 32 cases of harassment involving 59 journalists - six of them being women. Comparatively, in 2022, CamboJA noted 35 cases of harassment involving 54 journalists, with eight of them being women.

The report highlighted that pressure on independent media organisations had increased following the government's crackdown on political dissent prior to the 2018 general election under former Prime Minister Hun Sen's administration. Subsequently, numerous independent media outlets have closed down, and in 2023, six media licences were revoked, a stark rise from two cases in 2022. Moreover, there is a growing trend of threats from the Cambodian government to pursue legal action against journalists, raising apprehension about the limitations on press freedom.

Also, Reporters Without Borders, marking Press Freedom Day on 3rd May 2024, unveiled their World Press Freedom Index, highlighting political pressure on journalism. The index indicates a rise in government reprisals against journalists, resulting in Cambodia’s ranking falling from 147th in 2023 to 151st in 2024 and being classified as "very serious" on the press freedom map.

Peaceful Assembly

A number of protests were held in recent months.

On 22nd March 2024, workers of Chinese-owned Y&W Garment in Phnom Penh blocked the road on the outskirts of Phnom Penh as part of their protest, demanding that the Ministry of Labor and Vocational Training pay "repair of damage" compensation in addition to the promised wages and benefits, after the owner abruptly declared bankruptcy and fled.

Approximately 50 families in Phnom Penh protested in front of City Hall on 11th April, expressing fears of potential eviction from their current land due to a new development indicated on land titles granted to Eco Megapolis Development Cooperation Co Ltd, which overlaps with their property.

On 24th April 2024, approximately 100 ethnic Khmer Krom people staged a demonstration at Wat Samaki Rainsy in Phnom Penh, calling on Cambodia to pressure Vietnam to free 13 activists and monks detained.

On 6th May 2024, approximately 80 villagers from the Daun Ov community in Choeung-Ek commune, Dangkor district, representing 101 families, gathered in front of Phnom Penh City Hall to submit a petition requesting land titles. These families are facing threats from a company that has been pouring sand into a nearby lake since 2020.

Community members pushed back violently by police

On 10th May 2024, police and district guards blocked a march of about 60 Samrong Tbong community members from the area near Boeng Tamok lake in northern Phnom Penh. The residents were on their way to the Prek Pnov district hall to meet officials following eviction orders issued to six families on 8th May to make way for road construction. Approximately 60 police and district security guards cordoned off the group, using violence and force to push them back, and prevented them from reaching the district hall. Residents were ultimately forced to return home under the escort of security forces.