The Cambodian Human Rights and Development Association (ADHOC) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO), together with the International Federation for Human Rights (FIDH), as its member organizations in Cambodia, express their deepest concern at the draft Law on Demonstrations adopted in October by the National Assembly of the Kingdom of Cambodia.
FIDH Statement
Freedom of assembly is currently regulated by the Law on Demonstrations of 1991, which requires the organizers of a peaceful protest to inform the authorities in advance. In practice, the authorities interpreted this law as requiring an express authorization before any demonstration can be organized. [1] In 2008, e.g., ADHOC reported that the authorities imposed restrictions on public demonstrations relating to land and natural resources conflicts, and workers’ rights. Of 155 peaceful strikes and demonstrations that took place last year, 108 (70%) were suppressed forcibly by the armed forces. In addition, the authorities often refused to authorize demonstrations, or delayed granting authorization for demonstrations shortly before they were due to take place. Unauthorized strikes and demonstrations were suppressed by force.
Against this background of abuse of the existing law, the replacement of current legislation by an even more restrictive law on demonstrations is worrying. The text has been adopted by the National Assembly without previous consultation with civil society, and the version submitted to Parliament for approval has not been made public or circulated beforehand. This opacity and lack of participatory and consultative mechanisms in the legislative process is in itself a cause of serious concern.
As regards the text of the law adopted in October, it represents a setback in relation to the existing legislation, which was already restrictively interpreted by the authorities.
Based on their analysis of the current text as adopted earlier this month by the National Assembly, FIDH, ADHOC and LICADHO call upon the Senate of the Kingdom of Cambodia to reject this text in its current form, and to propose amendments to the above-mentioned provisions so that the text be fully compliant with Cambodia’s international human rights obligations.
Since Cambodia will be examined under the Universal Periodic Review conducted by the UN Human Rights Council, on 1st December 2009, we call upon UN member states to raise this issue as a matter of priority with the Cambodian authorities.
Based on the EU Guidelines on Human Rights Defenders, the European Union should express its deep concern at this draft legislation as it stands, and call upon the Senate of Cambodia to reject the text, or significantly amend it.
[1] The 1991 Law on Demonstrations says demonstrations are “acceptable” provided they are not “detrimental to public tranquility, order or security”. The 1991 Law on Demonstrations states that “authorities in each commune or ward through which a group of demonstrators will march shall be informed at least three days beforehand in writing”. The authorities are obliged to issue a receipt for the gathering unless they believe it has “characteristics conducive to causing turmoil”, in which case they can ban the assembly within 48 hours. If the assembly organizers disagree, a final decision should be made by “higher authorities” within 24 hours. This law clearly sets out a process of notification and yet it was been willfully misinterpreted to mean assembly organizers must apply for permission to gather. In both the Constitution and the 1991 Law of Demonstrations, the justifications set by the Law for restricting the right to freedom of assembly have been widely misinterpreted, against the spirit of freedom of assembly. Since early 2003, permission has been routinely denied to peaceful protests on whimsical security grounds.
