Books option. The Working Group stated that the provision fail[ed] to distinguish between violent acts and peaceful exercise of fundamental freedoms, and urged Cambodia to amend it accordingly. Sokhet spent four months in pretrial detention and in October 2020 was convicted and sentenced to 18 months in prison, with credit for time served. They have not been reviewed or approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the position of the Association or any of its entities. It is imperative that the Council takes robust action with regard to the governments escalating repression by sending a strong signal at its 48th session - the last opportunity within the context of the biennial Human Rights Council resolution to address the human rights crisis in Cambodia before the Commune Council elections in 2022 and the National Assembly elections in 2023. ARTICLE 19 and the Cambodian Center for Human Rights welcome the Special Rapporteur to his new position and look forward to working with him to address ongoing human rights violations in Cambodia. Response, Timeline: The Trump Administration and the U.S.

xkwhh2cb,t8(i$:+$_)4fsBP ,?M;]juiv%cm94Q,(^wEY.\U&T{y|suzt7k)=|S^"|.C;]NY~;gY3]6lVz1]/ Judicial harassment against opposition members has sharply increased, including through the conduct of mass trials against them in more recent months. We remain at your disposal for any further information.

CIVICUS, c/o We Work Read your article online and download the PDF from your email or your account. ARTICLE 19 and the Cambodian Center for Human Rights issued this statement during the Interactive Dialogue with the Special Rapporteur on Cambodia at the 48th Session of the UN Human Rights Council. The situation for human rights defenders, particularly for those standing up for environmental rights, remains critical.

The United States has several avenues for providing partnership incentives to Cambodia for improvements in the treatment of civil society. w*R65)-n2m=_LMEo4djNC9cfc=[~ASP('5-S{S=isgoDV/+F(iVYkjk[d5)&+t;emzTGN_5"QUFuK0k[{->^[Dh1c7^gjZogl|wLnf-[^78 Afrique du Sud, By providing decision makers with insight into complex human rights issues, the Quarterly helps to define national and international human rights policy. In February 2021, despite concerns raised by multiple UN Special Rapporteurs and civil society organisations, the Sub-Decree on the Establishment of a National Internet Gateway came into force, setting in motion the creation of a government-controlled gateway through which all Internet communications and Internet data traffic circulating within and coming into Cambodia must pass. The Journals Division publishes 85 journals in the arts and humanities, technology and medicine, higher education, history, political science, and library science. While China may seem to Hun Sen and other Cambodian leaders to be a partner with no downside, there are strings attached, as evidenced by the struggles of other CCP allies such as Sri Lanka, which was pressured into transferring control of a strategically significant port to China over its inability to pay off its debt. The government also failed to protect human rights in its Covid-19 response. Cambodias trajectory is particularly concerning given its chairmanship of ASEAN this year. Human rights defenders, activists, independent media and media workers, and trade unionists have continued to be relentlessly persecuted through judicial harassment and legal action. This included a mass filing of incitement charges against approximately 120 individuals in November 2020, most of whom were associated with the opposition CNRP. endobj The situation has further deteriorated since the last Human Rights Council resolution on Cambodia was adopted in September 2019. Having assumed control of the courts, the legislature, the press, and the military, Hun Sen has ensured that there will be no significant domestic opposition to this shift. There is oppresive legislation that unduly restricts human rights and fundamental freedoms, including the Law on Association and NGOs (LANGO), which the Office of the UN High Commissioner for Human Rights (OHCHR) has described as falling significantly short of international human rights laws and norms and as threatening the existence of a free and independent civil society in Cambodia, with increasing concerns that the government is prepared to use it to arbitrarily de-register civil society organizations it labels as violating the concept of political neutrality. In addition, a Trade Union Law, which imposes new restrictions on the right to freedom of association has also come into force, marking a further downward slide for labor rights in the country. ARTICLE 19

2097222. 11 Avenue de la Paix ), by Christopher "Kip" Hale and Leila Nadya Sadat, by Chimne Keitner, Zoe Tatarsky and Just Security, by Karl Mihm, Justin Cole, Iva Petkova, Margaret Shields, Mari Dugas, Nicholas Tonckens and Tess Bridgeman, by Karl Mihm, Jacob Apkon and Sruthi Venkatachalam, by Emily Berman, Tess Bridgeman, Megan Corrarino, Ryan Goodman and Dakota S. Rudesill, by Tess Bridgeman, Rachel Goldbrenner and Ryan Goodman, by Emily Berman, Tess Bridgeman, Ryan Goodman and Dakota S. Rudesill, by Justin Hendrix, Nicholas Tonckens and Sruthi Venkatachalam, by Ryan Goodman, Mari Dugas and Nicholas Tonckens. Sige social In 2017, the Supreme Court of Cambodia dissolved the main opposition party, the Cambodia National Rescue Party (CNRP), resulting in a de facto one-party state. This intensification of human rights violations has occurred in parallel with a deepening in the Cambodia-China relationship. As China leapfrogs longstanding partners such as the U.S., Japan, and Sweden into a position of dominance, the risk is all the greater that Cambodia could become a satellite state, threatening the security of Southeast Asia as well as broader U.S. and European Union (EU) interests. In February 2021, the authorities adopted the Sub-decree on the Establishment of a National Internet Gateway which aims at forcing all web traffic and internet connections through government controlled and monitored gateways by February 2022. [3]. HFS clients enjoy state-of-the-art warehousing, real-time access to critical business data, accounts receivable management and collection, and unparalleled customer service. For a full overview of the situation and recommendations for a resolution, read the joint letter from 12civil society organisations.

HFS provides print and digital distribution for a distinguished list of university presses and nonprofit institutions. As noted by the U.S. State Department in its 2021 annual human rights report covering the previous year, By the end of 2020, the government reportedly filed at least 200 cases of incitement, up from approximately 40 in 2019 and no more than 20 in previous years. A highly politicized judicial system renders the prospect of fair trials for those deemed a threat to the interests of the government virtually non-existent. The U.S. Congress has similarly placed conditions on foreign aid to Cambodia for years, including in recent annual Further Consolidated Appropriations Acts. One of the largest publishers in the United States, the Johns Hopkins University Press combines traditional books and journals publishing units with cutting-edge service divisions that sustain diversity and independence among nonprofit, scholarly publishers, societies, and associations.

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The Press is home to the largest journal publication program of any U.S.-based university press. Request Permissions, Published By: The Johns Hopkins University Press, Read Online (Free) relies on page scans, which are not currently available to screen readers. Two others were convicted in absentia. What Kind of Guilty Mind is Needed for the Criminal Contempt of Congress Statute? The White House gathering with members of ASEAN next week presents an important opportunity for the United States to limit Chinas inroads into Cambodia and respond firmly to the human rights crackdown that fuels and is fueled by those dubious ties. Fax: +27 (0)11 833 7997, Bureau pour lonu: New-York Traditionally, elections in Cambodia are accompanied by escalated repression, with the government shutting down media and harassing opposition candidates in order to guarantee victory. It is mandatory to procure user consent prior to running these cookies on your website. These comments, however, have often not been followed by sufficient action. In June 2021, the authorities arrested four Mother Nature activists, released one, and maintained the other three in pre-trial detention. Why the War in Ukraine Poses a Greater Nuclear Risk than the Cuban Missile Crisis, The Best Path for Accountability for the Crime of Aggression Under Ukrainian and International Law, , Still at War: The United States in the Sahel, Is Genocide Occurring in Ukraine?

MUSE delivers outstanding results to the scholarly community by maximizing revenues for publishers, providing value to libraries, and enabling access for scholars worldwide. Just Security is based at the Reiss Center on Law and Security at New York University School of Law. @~t{ 8.>x"U[wDUl'-G.uL|/0to^_OO$ZTTpz?RB\]HP**z{b5'?//'tC2"inb~?M61&K2w oW(+Ys\8>Nfv"KVY$2:C R)*JX`MgeRV7Gf~&Wylh%JQ2i|Gsv`?WS7j{ The summit provides an opportunity for the Biden administration to highlight the costs of allying with China and to demonstrate that the U.S. can be a viable alternative, not only providing significant aid, trade, and security benefits, but also tying these benefits to respect for values of democracy and human rights that ultimately would strengthen Cambodia. The United States demonstrated an understanding of this symbiosis in a November 2021 business advisory saying it was reassessing Cambodias eligibility for the U.S. Generalized System of Preferences (GSP) trade program. ?IEli2#(P%t5YG!8NrV5[ LU/\aV$ #DlzCoNYz\[~}61SF?BZrO>'; 'urdu\ <> It is now Cambodias largest foreign investor, and the two countries militaries recently signed an agreement aimed at enhancing coordination. One of the cases emblematic of this crackdown is that of Ros Sokhet. You also have the option to opt-out of these cookies. Postal Service, Timeline: Trump, Barr, and the Halkbank Case on Iran Sanctions-Busting, Timeline on Jared Kushner, Qatar, 666 Fifth Avenue, and White House Policy, Next Steps on the Road to Accountability and Security for Rohingya Refugees, Overlooking Injustice: A Troubling Formalistic Turn at the UN Human Rights Committee, Backgrounder: President Bidens Middle East Trip, Commemorating the Srebrenica Genocide: A Warning for Humankind, The Biden Administrations China Policy: An Inventory of Actions to Address the Challenge, For US Independence Day, January 6th Hearings Reveal Authoritarianisms Achilles Heel, Colombias Presidential Transition Will Test the Regions Left and US-Latin America Relations, Faltering Investigations into Deaths and Torture in Kazakhstan Leave Accountability in Doubt. Necessary cookies are absolutely essential for the website to function properly. Further, a decreasing reliance by Cambodia on other allies not only allows China undue influence but also facilitates Hun Sens repression.

Go to Table :*Q#C2FV{tpO ;AR+} New-York There was no report that anyone had ever been acquitted of an incitement charge.. 25 Owl Street, 6th Floor With warehouses on three continents, worldwide sales representation, and a robust digital publishing program, the Books Division connects Hopkins authors to scholars, experts, and educational and research institutions around the world. Upon assuming leadership of the grouping and without consulting fellow members, Hun Sen visited Myanmar in January and met with the new military administration, a move that many described as legitimizing a junta that has been credibly alleged to have committed genocide against the Rohingya people. With critically acclaimed titles in history, science, higher education, consumer health, humanities, classics, and public health, the Books Division publishes 150 new books each year and maintains a backlist in excess of 3,000 titles. In addition, the Law on Measures to Prevent the Spread of COVID-19 and other Serious, Dangerous and Contagious Diseases, swiftly passed in March 2021, has been used to silence critics of the governments handling of the pandemic. Amnesty International <> 12 international, regional, and Cambodian non-governmental organizations (NGOs), urge the Permanent Representatives of Member and Observer States of the United Nations Human Rights Council to adopt a resolution addressing Cambodia's gravely deteriorating human rights situation.

4}Q}C:>oF@ZRV. The journal highlights current work in human rights research and policy analysis, reviews of related books, and philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights. << /Length 5 0 R /Filter /FlateDecode >> The likelihood that Hun Sen, as leader of ASEAN, will condemn human rights abuses in the region when he commits similar violations at home is slim to none. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. For terms and use, please refer to our Terms and Conditions Chinese loans accounted for 44 percent of Cambodias foreign debt at the end of 2020. The Cambodian government has continued to build upon its legislative framework to instil fear and silence dissenters. %PDF-1.7

Article 495 prohibits incitement to a felony and incitement to social disorder, providing for up to two years of imprisonment. In November 2021, for example, the United States imposed sanctions on two Cambodian officials over corruption at the Ream Naval Base, and in December 2021, the United States announced an arms embargo with Cambodia, primarily on the basis of Chinas growing influence. This could devastate the rights to privacy and freedom of expression online by enabling mass surveillance of online activity and enhancing censorship capacities. Indeed, the authorities have used the provision to incarcerate numerous peaceful protesters, independent journalists, trade unionists, supporters of the CNRP, and individuals expressing critical views on social media or via private messaging services. Etats-Unis, Bureau pour lonu : Geneve This website uses cookies to improve your experience while you navigate through the website. stream [2]The Law on the Management of the Nation in State of Emergency (April 2020), [3]See, for example, Law on Associations and Non-Governmental Organizations (LANGO), Law on Trade Unions, Law on Political Parties, COPYRIGHT 2022 - FIDH : International Federation for Human Rights , International Federation for Human Rights, CAMBODIAN HUMAN RIGHTS AND DEVELOPMENT ASSOCIATION (ADHOC), LIGUE CAMBODGIENNE DE DEFENSE DES DROITS DE LHOMME (LICADHO). Respected journalists, including Sok Oudom and Ros Sokhet, were convicted under politically-motivated charges of incitement and remain in detention.

[1]In May 2021, the authorities convicted and sentenced three Mother Nature activists to 18 and 20 months in prison. The government has also advanced a Draft Law on Public Order and Draft Law on Cybercrime, threatening to eliminate remaining space for dissent and protest. Like many other such trials monitored by the ABA Center for Human Rights, Sokhets conviction came after a half-day trial in which the prosecution presented little evidence and the outcome appeared predetermined. Human Rights Quarterly

For this reason, our organizations urge the Human Rights Council to: Renew the mandate of the Special Rapporteur on the human rights situation in Cambodia, so as to allow the mandate to continue to work on long-term issues. We once again address the Human Rights Council about Cambodia, with critical concerns that the crackdown on human rights shows no signs of relenting. 3 0 obj Suisse Registered charity number 327421 | A company limited by guarantee, registered in England and Wales no.

The most concrete of recent measures was the EUs February 2020 decision, as Cambodias largest trading partner, to partially remove Cambodias preferential trade status, effective in August 2020, based on human rights violations. We further urge your government, during the 48th session of the Human Rights Council, to speak out clearly against ongoing violations in Cambodia. After more than a quarter century, Human Rights Quarterly is widely recognized as the leader in the field of human rights. Meanwhile, Article 495 prosecutions continue unabated. Working Group on Arbitrary Detention (UNWGAD) called for Sokhets release and, in the first ruling of its kind, found that Article 495 violates international human rights standards. K~_+^ch{nZ8 }u}iV4o3QiVbXi+`AUqx .~99lX'3pl5-5!d(S[)?rKG[\+8/$!~StQ5U|6;rrXE1=~a%_YXa$1 3 @ih'tw!x,WKnZ2F_8tb9`rd) &3IQ7ggVwl M1NQ|Me"!N$I*c'k99V^lY$["1A3\25f4>b#3nX=-rZ.`"5f ;Cclca,xRdfDmd.-b-,9g8M9T Hopkins Fulfillment Services (HFS) 'G0av(9ac,,`b}9y,=p#nI%o>]Fwnc&' /O'CJnm#-hZkbi!`t(aldzM(fopvm'e Asian Forum for Human Rights and Development (FORUM-ASIA) Waris Husain (@warishusain) is the Senior Legal Advisor for South and Southeast Asia with the ABA Justice Defenders Program. In late 2021, United Nations experts expressed alarm at the methodical and systematic erosion of civic and political space in Cambodia. To access this article, please, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. To Members and Observer States of the United Nations Human Rights Council, Cambodia Human Rights Crisis: The UN Human Rights Council Should Act Now. But opting out of some of these cookies may have an effect on your browsing experience. Vague Wording of Article 495 on `Incitement, Nowhere is the eradication of Cambodias civil society more evident than in the governments deployment of Article 495 of its Criminal Code. The undersigned civil society organizations are writing to draw your attention to the ongoing human rights crisis in Cambodia and to call for your support at the upcoming 48th session of the UN Human Rights Council (the Council) to ensure that the resolution on Cambodia effectively reflects the significant deterioration of the human rights situation in the country and enhances the monitoring and reporting by the Office of the United Nations High Commissioner for Human Rights (OHCHR). %PDF-1.3 The Council has a critical role to play in addressing the ongoing human rights crisis in Cambodia. The views expressed herein represent the opinions of the authors. Zn{x_\IssQ&g|Q:ONGb&B2 As documented by groups such as Human Rights Watch, Cambodias human rights situation dramatically worsened in the aftermath of that decision. CIVICUS World Alliance for Citizen Participation The vague wording of the provision, which criminalizes a wide range of outcomes including any disruption of social order, a term left undefined makes it highly susceptible to abuse, as documented by the American Bar Association (ABA) Center for Human Rights through its Justice Defenders Program and the TrialWatch initiative established by the Clooney Foundation for Justice. by Noah Bookbinder, Norman L. Eisen, Fred Wertheimer, Donald Simon, Jason Powell, Debra Perlin, Colby Galliher and Madison Gee, by Norman L. Eisen, Noah Bookbinder, Fred Wertheimer, Donald Simon, Jason Powell, Debra Perlin, Colby Galliher, Madison Gee and Taylor Redd, by Ryan Goodman, Justin Hendrix and Clara Apt, by Noah Bookbinder, Norman L. Eisen, Fred Wertheimer, Jason Powell, Debra Perlin, Colby Galliher and Madison Gee, by U.S. Representative James P. McGovern and John Prendergast, by Noah Bookbinder, Norman L. Eisen, Fred Wertheimer, Jason Powell, Debra Perlin and Colby Galliher, by Ryan Goodman and Ambassador (ret.) A conditional renewal could deepen the two countries trade ties and benefit both economies. To make matters worse, security forces continue to suppress peaceful protests, and in recent months, instances of judicial harassment and unwarranted legal attacks against human rights defenders, community activists, trade unionists and political opposition members and their supporters have multiplied, with no end in sight.

>M,9/_RE;%-8i}9'kBjy}`Fn"_\O9jf {[S9~dODpMrY>pKIs07m5fWoce`SFm1SG1yz ]=pSZvrk}'$]3w6?E?tGa#D/TzFm1fBc|@Yg2U"l/|,R P?ke^D The Cambodian Government has taken steps to further restrict the rights to freedom of expression, peaceful assembly and association, limit the political opposition's ability to meaningfully engage in policy-making and campaigning, and prevent civil society organizations from operating freely and independently. This category only includes cookies that ensures basic functionalities and security features of the website. Just a year ago, Hun Sen rhetorically asked during a global conference, If I dont rely on China, who will I rely on? [x,nWfYzWDa H ]b}7#(~lFjDNO] mr4A [; 8x7LOJ`~E Meanwhile, several troubling laws and policies are on the table, including a National Internet Gateway that would allow the government to monitor all internet traffic and disconnect users internet connections on arbitrary grounds and a new cybercrime law that would further enable the prosecution of whistleblowers and journalists. The pending Draft Law on Cybercrime and the Draft Law on Public Order would provide further tools to criminalize freedom of expression or behaviors in the digital, print, and public spaces, in addition to legislation already denounced by the Special Rapporteur on the human rights situation in Cambodia and other UN Special Procedures. In the past year, the government has taken drastic measures to further increase online surveillance, clamp down on freedom of expression online and erode privacy rights. The division also manages membership services for more than 50 scholarly and professional associations and societies. Laws are routinely misused in Cambodia to restrict human rights, undermine and weaken civil society, and criminalize individuals for exercising their rights to freedom of expression, peaceful assembly and association. x]o. These cookies do not store any personal information. Elections to commune councils (sangkats), which select members of the Cambodian Senate, will be held in June.

Given that the human rights crisis shows no signs of improving, we question whether Item 10 is a suitable avenue to discuss the situation in Cambodia. In June 2020, Sokhet was arrested and detained for various posts on his Facebook page, from which he ran an independent media outlet: the posts criticized, among others, Hun Sen and powerful leaders in the CPP. Highlight escalating repression and restrictions on human rights, including persecution of human rights defenders, media workers and trade unionists, and misuse of legislation to restrict human rights. Noting the announcement of Commune Council elections to be on June 5, 2022, we are deeply concerned that there has been no meaningful progress to restore human rights. Project MUSE is a leading provider of digital humanities and social sciences content, providing access to journal and book content from nearly 300 publishers. The unnamed trial monitoring attorney with the American Bar Association Center for Human Rights is anonymous due to security concerns. First, because Cambodias GSP eligibility expired in December, many of its exports to the United States currently are subject to higher import duties, pending GSP renewal. The 2020 act, for example, made funding contingent on actions such as upholding the freedoms established by the Cambodian Constitution and resisting Chinas influence.

The Cambodian authorities have continued to repress press freedom, routinely arresting and detaining journalists and revoking the licenses of independent news outlets. Despite Chinas denials, that leaves Cambodia subject to the demands of leaders in Beijing in lieu of being able to pay back its loans.

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