World Press Freedom Day: why is access to information important in Cambodia?

Click here to read Khmer / ចុចទីនេះដើម្បីអានជាភាសាខ្មែរ

Today marks World Press Freedom Day (“WPFD”), an annual initiative that aims to promote and protect freedom of the press across the globe. The principal focus of this year’s WPFD is access to information, an essential requirement of any truly participatory democracy, insofar as it allows for public scrutiny, oversight, participation, and empowerment.

As the recent Panama Papers debacle (in which Cambodia’s Minister of Justice was named) highlights, access to information is crucial to the fight against corruption and, by extension, the promotion of good governance. Guaranteeing access to information is crucial in Cambodia, given the deeply entrenched corruption within the country.

To mark WPFD, CCHR released a series of infographics as part of a social media campaign to highlight the situation of press freedom and access to information in Cambodia. The social media campaign can be followed through CCHR’s Facebook and Twitter accounts.

One of the infographics from CCHR’s series

One of the infographics from CCHR’s series

 

 

 

 

 

 

 

 

 

 

 

 

In addition, CCHR asked local journalists ‘why is access to information important in Cambodia?’ and received the following responses:

We are human beings living in a democratic society. If we cannot access the truth, we are no different to a tree.”

Mr. Vann Vicha, journalist

Access to information is the basic right for everyone to receive public information from public institutions and sometimes from private organizations. Access to information benefits everyone, including reporters, students, farmers, community people and vulnerable groups.”

Ms. Sa Samdeat, citizen journalist

“We know that to make democracy work, people must have the right to know important information and the leadership must be accountable. Thus, for Cambodia to be a democratic country, access to information must be guaranteed under the law in accordance with international principles.”

Ms. Im Rachna, journalist

…Cambodia strongly needs the Law on Access to Information in order to help those who actively work for a better future.”

Mr. Nhim Sakhorn, journalist

“…In a true democratic society access to information is essential. Access to information is the foundation for people to be able to make the right decisions and to know the truth of the situation of their country.”

Mr. Phak Seangly

“The absence of an Access to Information Law has been a major obstacle for me to seek the truth for the public. More corruption cases would have been reported; more corrupt officials would have been held accountable… if an Access to Information Law had existed. I believe that if access to information is legally guaranteed and properly enforced, democratization in Cambodia will thrive.”

Ms. Cheng Mengchou, journalist

“I strongly believe that access to information is extremely important in this country as it aims to ensure an effective democracy and the rule of law… access to information is part of basic human rights to ensure governmental transparency.

Furthermore, freedom of the press and media also plays an important role as a watchdog to check on how the government makes decisions for developments without harming local people. The press and media are effective tools to raise voices against social injustice and to enhance liberty…”

Mr. Taing Vida, journalist

What are your views on access to information in Cambodia? Please share your thoughts in the comments section below!

ទិវាសេរីភាពសារព័ត៌មានពិភពលោក ៖ ហេតុអ្វីការទទួលបានព័ត៌មានមានសារៈសំខាន់នៅកម្ពុជា?

            នៅថ្ងៃនេះជាការប្រារព្ធទិវាសេរីភាពសារព័ត៌មានពិភពលោកជាការផ្តួចផ្តើមប្រចាំឆ្នាំក្នុងគោល បំណងលើកកម្ពស់និងការពារសេរីភាពសារព័ត៌មាននៅទូទាំងពិភពលោក។ គោលការណ៍សំខាន់នៃទិវាសេរីភាពសារព័ត៌មានឆ្នាំនេះគឺផ្តោតទៅលើការទទួលបានព័ត៌មាន ដែលជាលក្ខខណ្ឌសំខាន់មួយនៃលទ្ធិប្រជាធិបតេយ្យដែលមានលក្ខណៈចូលរួមពិតប្រាកដ ដែល “អនុញ្ញាតឱ្យមានការតាមដានជាសាធារណៈ ការពិនិត្យមើល ការចូលរួម និងការពង្រឹងអំណាច”។

            នាពេលថ្មីៗនេះ ឯកសារប៉ាណាម៉ា (Panama Papers) បានបញ្ចេញឈ្មោះអ្នកលាក់លុយ (ដែលនៅក្នុងនោះក៏មានបង្ហាញឈ្មោះរបស់រដ្ឋមន្ត្រីក្រសួងយុត្តិធម៌កម្ពុជាផងដែរ)។ ការទទួលបានព័ត៌មានគឺមានសារៈសំខាន់ក្នុងការប្រយុទ្ធប្រឆាំងនឹងអំពើពុករលួយ និងរហូតដល់ការលើកកម្ពស់អភិបាលកិច្ចល្អ។ ការធានាដល់ការទទួលបានព័ត៌មានមានសារៈសំខាន់នៅកម្ពុជា ដោយសារអំពើពុករលួយបានចាក់ឫសយ៉ាងមាំនៅកម្ពុជាបាន។

            ដើម្បីចូលរួមប្រារព្ធទិវាសេរីភាពសារព័ត៌មានពិភពលោកឆ្នាំនេះ ម.ស.ម.ក ចេញផ្សាយប័ណ្ណព័ត៌មានជាដែលជាផ្នែកនៃយុទ្ធនាការតាមរយៈបណ្តាញផ្សព្វផ្សាយសង្គម ដើម្បីគូសបញ្ជាក់ពីស្ថានភាពនៃសេរីភាពសារព័ត៌មាននិងការទទួលបានព័ត៌មាននៅកម្ពុជា។ យុទ្ធនាការតាមបណ្តាញផ្សព្វផ្សាយសង្គមនេះនឹងធ្វើឡើងតាមរយៈទំព័រហ្វេសប៊ុក និង ទ្វីតធើរបស់ ម.ស.ម.ក។

ប័ណ្ណព័ត៌មានមួយក្នុងចំណោមប័ណ្ណព័ត៌មានផ្សេងទៀតរបស់ ម.ស.ម.ក

ប័ណ្ណព័ត៌មានមួយក្នុងចំណោមប័ណ្ណព័ត៌មានផ្សេងទៀតរបស់ ម.ស.ម.ក

ម្យ៉ាងទៀត ម.ស.ម.ក បានសួរអ្នកសារព័ត៌ក្នុងស្រុកមួយចំនួនថា “ហេតុអ្វីការទទួលបានព័ត៌មានមានសារៈសំខាន់នៅកម្ពុជា?” ដោយទទួលបានការឆ្លើយតបដូចខាងក្រោម ៖

«ព្រោះពួកយើងជាមនុស្សក្នុងសង្គមប្រជាធិបតេយ្យ បើសិនជាសូម្បីតែព័ត៌មានពិតក៏យើងគ្មានសិទ្ធិទទួល បាននោះពួកយើងមិនខុសអីពីជនគល់ឈើឡើយ»

លោក វណ្ណ វិចារ (អ្នកសារព័ត៌មាន)

«សិទ្ធិទទូលបានព័ត៌មានគឺជាសិទ្ធិរបស់មនុស្សគ្រប់រូប ដើម្បីទទួលបានព័ត៌មានជាសាធារណៈដែលបានកាន់ កាប់ដោយស្ថាប័នសាធារណៈនិងក្នុងករណីខ្វះព័ត៌មានដែលកាន់កាប់ដោយស្ថាប័នឯកជន។ សិទ្ធិទទួលបាន ព័ត៌មានមានប្រយោជន៍សម្រាប់មនុស្សគ្រប់រូបរួមទាំងរដ្ឋាភិបាលអ្នកសារព័ត៌មាន សិស្ស កសិករ ប្រជាពលរដ្ឋ ក្នុងសហគមន៍ និងក្រុមដែលងាយរងគ្រោះផ្សេងទៀត»។

អ្នកស្រី សា សំដៀត (អ្នកសារព័ត៌មានពលរដ្ឋ)

«យើងដឹងហើយថា ដើម្បីឲ្យលទ្ធិប្រជាធិបតេយ្យដំណើរការ ប្រជាពលរដ្ឋត្រូវមានសិទ្ធិដឹងនូវព័ត៌មានទាំងឡាយដែលពួកគេគួរតែដឹងឬចាំបាច់ត្រូវដឹងរួមជាមួយនឹងគណនេយ្យភាពនៃការដឹកនាំ។ ហេតុដូច្នេះនៅកម្ពុជាក្នុងនាមជាប្រទេសប្រកាន់របបប្រជាធិបតេយ្យ សិទ្ធិនៃការទទួលបានព័ត៌មានគួរត្រូវបានធានាដោយច្បាប់មួយដ៏ល្អស្របតាមគោលការណ៍អន្ដរជាតិ»។

កញ្ញា អ៊ឹម រចនា (អ្នកសារព័ត៌មាន)

«…កម្ពុជាចាំបាច់ត្រូវមានច្បាប់ស្តីពីសិទ្ធិទទួលបានព័ត៌មាន ដើម្បីជួយអ្នកដែលធ្វើការងារសកម្ម ដើម្បីអនាគត ល្អប្រសើរ»។

លោក ញឹម សុខន (អ្នកសារព័ត៌មាន)

«… នៅក្នុងសង្គមប្រជាធិបតេយ្យពិតប្រាកដមិនគួរគ្មានសិទ្ធិទទួលបានព័ត៌មាន (right to know) ទាល់តែ សោះ។ ការទទួលបានព័ត៌មានគ្រប់គ្រាន់វាជាមូលដ្ឋានគ្រឹះមួយសម្រាប់ពលរដ្ឋធ្វើការ សម្រេចចិត្តដ៏ ត្រឹមត្រូវ មួយ និងដឹងពីស្ថានភាពរបស់ប្រទេសជាតិខ្លួនផងដែរ»។

លោក ផាក់ ស៊ាងលី (អ្នកសារព័ត៌មាន)

«អវត្តមាននៃច្បាប់ស្តីពីសិទ្ធិទទួលបានព័ត៌មានគឺជាឧបសគ្គធំមួយសម្រាប់រូបខ្ញុំក្នុងការស្វែងរកព័ត៌មានពិតដើម្បីផ្សព្វផ្សាយជូនដល់សាធារណជនករណីអំពើពុករលួយជាច្រើនអាចនឹងត្រូវបានរាយការណ៍ មន្ត្រីពុករលួយជា ច្រើនអាចនឹងត្រូវទទួលខុសត្រូវចំពោះមុខច្បាប់… ប្រសិនជាមានច្បាប់ស្តីពី សិទ្ធិទទួលបានព័ត៌មាន។ ខ្ញុំជឿ ជាក់ថា បើសិនជាសិទ្ធិទទួលបានព័ត៌មាន ត្រូវបានធានាដោយ ច្បាប់ ហើយអនុវត្តបានត្រឹមត្រូវ នោះលទ្ធិប្រជា ធិបតេយ្យនៅកម្ពុជានឹងប្រព្រឹត្តទៅដោយរលូន»។

កញ្ញា ចេង ម៉េងជូ (អ្នកសារព័ត៌មាន)

« ខ្ញុំជឿយ៉ាងមុតមាំថាសិទ្ធិទទួលបានព័ត៌មានពិតជាមានសារៈសំខាន់ណាស់នៅក្នុងប្រទេសកម្ពុជាក្នុងការធានានូវដំណើរការល្អនៃលទ្ធិប្រជាធិបតេយ្យនិងនីតិរដ្ឋ…ការទទួលបានព័ត៌មានគឺជាផ្នែកមួយនៃសិទ្ធិជាមូលដ្ឋានរបស់មនុស្ស ដើម្បីធានាពីតម្លាភាពរបស់រដ្ឋាភិបាល»

« លើសពីនេះទៀត សេរីភាពសារព័ត៌មាន និងប្រព័ន្ធផ្សព្វផ្សាយដើរតួនាទីយ៉ាងសំខាន់ក្នុងការតាមដាន និងពិនិត្យមើលទៅលើការធ្វើសេចក្តីសម្រេចរបស់រដ្ឋាភិបាលដើម្បីការអភិវឌ្ឍដោយមិនបង្កមហន្តរាយដល់ពលរដ្ឋនៅថ្នាក់មូលដ្ឋាន។ សារព័ត៌មាននិងប្រព័ន្ធផ្សព្វផ្សាយគឺជាឧបករណ៍ដ៏មានប្រសិទ្ធភាពក្នុងការបន្លឺសំឡេង ប្រឆាំង នឹងអំពើអយុត្តិធម៌ក្នុងសង្គម និងបង្កើនតម្លៃនៃសេរីភាព»។

លោក តាំង វីដា (អ្នកសារព័ត៌មាន)

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Year in Review: The Human Rights Situation in Cambodia in 2015

In 2015, the Cambodian Center for Human Rights (“CCHR”) witnessed deterioration in the human rights situation in the country, with the vast gap between the theory and the implementation of human rights law growing even wider. The past year has seen a number of human rights abuses perpetrated against citizens; from land rights violations and attacks on Internet freedoms, to crackdowns on protestors and the political opposition. Throughout the year, the Royal Government of Cambodia (“RGC”) increasingly restricted fundamental freedoms, failing to follow Cambodian constitutional obligations and domestically enforceable international human rights standards. This post provides a brief snapshot of just a few of the major human rights issues observed in 2015.

Threats to freedoms of association, assembly and expression

 stop and consult image

The year was marked by a number of restrictions to fundamental freedoms and attempts to stifle dissenting voices. After years of debate and heavy criticism from both national and international observers, the Law on Associations and Non-Governmental Organisations (“LANGO”) was finally enacted in August, representing one of the biggest threats to freedoms of association and expression in Cambodia in recent years. Despite calls from civil society organizations (“CSOs”) to amend the law, the LANGO contains troubling provisions with regard to the imposition of mandatory registration, onerous registration requirements, reporting obligations, and broad and vague grounds for denial of registration and deregistration. CCHR has already received worrying reports from around the country whereby the law has been used to restrict the activities of CSOs. For example, in August, a group of 71 families in Khsoeum commune, Kratie province, were informed by local authorities to cease all protest activities to protect their land until they had registered under the LANGO.[1]

It is clear that throughout the year, the RGC increasingly attempted to restrict the activities of CSOs and criminalize those who dared to challenge them. For example, the environmental CSO Mother Nature was heavily targeted by the RGC in 2015; its co-founder – activist Alex Gonzalez-Davidson – was deported in February, and a number of its members arrested. Three youth members of the organization arrested in August after engaging in peaceful protests against controversial sand dredging activities in Koh Kong remain in detention.

Aside from the LANGO, a number of other laws were passed this year that also restrict fundamental freedoms, including the passage of the election laws[2] in March, following a highly rushed and opaque process; and more recently the Telecommunications Law in November.

The use of social media in Cambodia continued to be a popular tool for news broadcasting and political discussion, despite outright attacks on Internet freedoms and digital rights by the RGC this year. Attacks on Internet freedoms include the arrest of university student Kong Raya and the conviction of Senator Hong Sok Hour in August, both cases relating to Facebook posts, and the more recent arrest warrant issued for the opposition leader’s Facebook manager in early December. This month, Prime Minister Hun Sen ominously warned social media users that he is watching them, threatening “you should not use bad words to insult me, because I can get you if I want to.”

Although the RGC announced at the end of 2014 that the draft Cybercrime Law had been shelved, a second draft was leaked this year, demonstrating that its passage is very much still on the minds of legislators. Although the latest draft appears to have had the most contentious article removed (for now), the broad scope of this law leaves it open to serious abuse. Given that the RGC has already been targeting Internet users and cracking down on the right to freedom of expression before the law has even been passed, the ramifications of the law being adopted are extremely troubling.

While the RGC had vowed to pass the Trade Union Law by the end of 2015, encouragingly the law – which threatens the right to freedom of association – remains under discussion, and the RGC and the opposition have met with trade union leaders to discuss their concerns. What remains to be seen is whether this will have any effect on the final legislation.

The end of the “culture of dialogue”

The year saw the collapse of the so-called “culture of dialogue” between the CPP and the CNRP. The end of the short-lived political truce was followed by politically motivated arrests and charges against opposition members, evidencing that the judiciary remains firmly under the influence of the ruling party as ever. From the 11 CNRP activists jailed in July (despite no evidence being presented in their trial), to the conviction in August of Senator Hong Sok Hour, the CPP’s political influence over the police and judiciary is glaringly apparent. Moreover, the savage beating of two opposition lawmakers outside the National Assembly in October is widely reported to have been orchestrated by the ruling party.

Notably, history seemed to repeat itself this year, with Sam Rainy going into voluntary exile once again, following the issue of an arrest warrant in November in connection with a defamation case dating back to 2008. Several more questionable charges have been brought against him since, and he now faces a number of years in prison. Diverging from history however, is the vow made by Prime Minister Hun Sen that there will be no pardon for Rainsy this time around.

Ongoing land disputes

One of the most obvious forms of human rights violations that continued to plague Cambodia this year was the ongoing violation of land rights. 2015 saw a continuation of pre-existing land disputes, and the beginning of a number of new conflicts. Insecurity of land tenure continued to be a pressing issue felt by a majority of Cambodians, due to land grabs and forced evictions, often associated with land concessions, infrastructure projects and powerful tycoons. Moreover, while a number of land rights activists were released earlier in the year, land rights activists continue to be harassed and intimidated at the hands of the authorities.

2015 was meant to finally see the resolution of the ongoing Borei Keila saga, whereby former Borei Keila residents had long been waiting for a resolution since their violent eviction in January 2012. However the disappointing decision announced by Phnom Penh City Hall on 13 November saw the majority of remaining families denied on-site housing as initially promised by Phanimex Company, and was met with outrage by the affected residents. Now four years since their eviction, the remaining affected residents of Borei Keila continue to seek adequate redress.

Positive developments: LGBT rights, social and economic rights

While undeniably the human rights situation in 2015 looks bleak in Cambodia, in some areas however there were promising signs of improvement. As mentioned in a blog post earlier this year, the RGC appeared relatively open to legislation protecting the rights of lesbian, gay, bisexual and transgender (LGBT) people, who often encounter discrimination in Cambodian society. However, as CCHR’s recently released report on the welfare of LGBT individuals points out, there is still a cultural lack of understanding in relation to the LGBT community, thus there is a long way to go before attitudes can be changed, even if the law is adapted to protect LGBT people.

It is also true that there has been some progress in the arena of economic and social rights: a healthy GDP growth in Cambodia in recent years, increased access to mobile and Internet technology, and emergence of a middle class have all contributed to an increased standard of living. Yet much of the economic prosperity generated is concentrated in Phnom Penh. In rural areas a few well-connected businessmen, senators and international corporations collect the huge profits earned through land concessions. Ultimately in 2015, basic healthcare, electricity and even clean drinking water remained a concern for many Cambodians.

Where to in 2016?

As 2016 arrives and the local and national elections draw closer, we can expect further shrinking democracy, with increased pressure from the RGC on dissenting voices both politically, and under the LANGO and other broadly drafted laws. Statements made by senior military leaders outlining their loyalty to the ruling CPP, along with warnings of “civil war”, by Prime Minister Hun Sen should he lose power, add the very real threat of physical violence to the already oppressive and hostile political atmosphere.

However, despite the RGC’s attempts to restrict fundamental freedoms, as citizens become increasingly aware of their rights, they continue to exercise them and advocate for them. Thus, there remains hope that through community advocacy efforts, the work of CSOs, and international pressure, the New Year will signal a new dawn in Cambodia, in which human rights are respected.

[1] See CCHR’s open letter to the Ministry of Interior, dated 21 August 2015 http://bit.ly/1mTiDWc

[2] The Law on the Organization and Function of the National Election Committee and the Law on Election of Members of the National Assembly

Cambodian women are speaking up for their rights; it’s time we listen

The women of Boeung Kak Lake protest the destruction of their homes in 2012 (pictured centre: famous land activist Tep Vanny)

The women of Boeung Kak Lake protest the destruction of their homes in 2012 (pictured centre: famous land activist Tep Vanny)

Reflecting on International Women’s Day, CCHR looks at the Cambodian women who are challenging gender norms by fighting for their rights

In every facet of society, women across the world continue to possess fewer advantages while enduring greater threats to their safety and well-being. The abuse of women’s rights is considered by some as the concern of women, and women alone. This is not a ‘women’s issue’, it is a human rights issue.[1] In Cambodia, the simple act of a woman speaking out can be seen as defiant and abhorrent. Nevertheless, brave female activists are raising their voices amidst ongoing attempts from the authorities to silence them. As people held flash-mobs to raise awareness of women’s rights ahead of International Women’s Day, events planned by civil society groups to encourage and empower women in prison had to be cancelled due to new restrictions.

“Women continue to face discrimination based on negative social expectations and stereotypes”

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Land rights through the eyes of an advocate  

A look at Cambodia’s number one human rights issue via the life of one of its prominent defenders

Ly Siev Minh has lived here for as long as she can remember. It may not be perfect, but it’s home.

Her father loves it here, he would fight for her family’s right to be here, no matter what.

Minh lives in Phnom Penh, on a piece of land a company has decided it wants to build on, land it views as more valuable than her family. This means her father has had to fight for her family’s right to be here. He has fought hard, and long, and she is proud to have fought by his side. Guards hired by the company have put snakes in her house, her drinking water has been poisoned, she has been pushed to the ground by the company’s guards, cut by them, and watched her father be beaten by them.

Finally, her father was arrested, and when she searched for him, they arrested her too.

She is still in prison.

……

Cambodia is a country of stark contrasts; indescribable beauty sits alongside rampant and blatant human rights abuses at the hands of not only companies, but also the very government responsible for the protection of its people. Prominent among those abuses is the denial of Cambodians’ rights to land and homes, which the UN Special Rapporteur on the situation of human rights in Cambodia believes remains ‘the number one’ human rights issue facing the country. Continue reading

Hang Serei Oudom: A symbol of freedom or impunity?

Two years have passed since Hang Serei Oudom, a journalist reporting on illegal logging activities, was found brutally murdered in the trunk of his car in Ratanakiri province. Two years have passed, yet freedom of expression continues to be stifled, and a culture of impunity remains rampant within Cambodia.

One of CCHR's campaign posters from our 2013 Impunity Campaign

One of CCHR’s campaign posters from our 2013 Impunity Campaign

Hang Serei Oudom is one of the 12 journalists that have been murdered in Cambodia since 1994, and one of 619 journalists killed globally since 2004. Within Cambodia, each of these murders has been met with impunity. The failure to pursue the investigation and charge Hang Serei Oudom’s murderers, despite the seriousness of the crime, highlights the continuing power of the elite over the judicial system. Beyond this, Hang Serei Oudom’s death, along with many others, was used as a warning to others around the country, and was a direct attack on the right to freedom of expression.

Unfortunately, violence and intimidation are just one means used to undermine freedom of expression in Cambodia. This has been demonstrated by the RGC’s recent announcement of a pilot program to censor online content, which cites China and Syria as inspiration for the reform. The internet is essential for sharing knowledge and ideas, the growth of social movements, self-expression, and flagging human rights abuses. Most importantly, the internet permits democratic discussion that is restricted in other spheres. Instead, the new laws move to censor discussion and remove content that is critical of the ruling political party.

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The time for legislative transparency is now

With the recent passage of the three judicial reform laws without any civil society consultation, the issue of the lack of legislative transparency is an important one in Cambodia. As Cambodia’s two main political parties finalize a deal to end the year-long political deadlock and the opposition prepares to take its seats in the National Assembly, it is important to look at how legislative transparency can be increased in Cambodia, so that the new National Assembly passes any and all future laws in a transparent manner.

CCHR released a new Briefing Note today on the topic; you can read it in its entirety here, but we’ve also summarized some of the main points below.

What is legislative transparency?

The Transparency and Accountability Initiative defines “transparency” as when information is “presented in plain and readily comprehensible language and formats appropriate for different stakeholders” and “made available in sufficient time to permit analysis, evaluation and engagement by relevant stakeholders.”

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23 Reasons to Protest

SAMSUNG

Protesters outside the Phnom Penh Municipal Court, 30 May 2014

Our tuk-tuk slows to a halt on Charles de Gaulle Boulevard.  Five of us, who have been piled on the sweaty pleather seats for the last twenty minutes, jump out of the vehicle and take in the surroundings.  The area is already swarming with people: sleepy-eyed police officers and security guards half-heartedly manning the black metal barricades, trial attendees waiting for the court doors to open, and passersby heading to work.

It is Friday, May 30th, and we are awaiting the court verdict for 23 human rights defenders and garment factory workers who have been detained since the beginning of January.  They are accused of instigating violence during strikes calling for minimum wage increases.

During the three days of the trial, CCHR and other human rights organizations noted that the defendants’ rights were violated on several occasions. The 23 were denied bail despite health concerns, initial access to their legal team, and adequate medical care. In addition, there was a complete lack of incriminatory evidence presented during the hearing, and the judge expressed an extreme bias in favor of the prosecution throughout the trial.

Several local and international CCHR staff, including myself, have arrived to monitor the trial and the protests taking place outside. Those inside will determine whether or not the defendants’ fair trial rights are respected, while those outside will observe the protests, operating as witnesses in case they turn violent.

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How could Cambodia’s Draft Cybercrime Law affect Internet users?

What is the purpose of the law?

In May 2012, the government of Cambodia announced that a Draft Cybercrime Law (“the Draft”) was in the works. Calls to see copies of the Draft by human rights organizations were ignored. However, an unofficial copy of the Draft was leaked to the public in April 2014. The supposed purpose of the law is to combat online criminal activities.The Draft criminalizes hacking, the stealing of data and the production of pornography on the Internet.

However, it seems the Draft has an additional hidden agenda. Asked about the need for a Cybercrime Law in May 2012, Press and Quick Reaction Unit spokesman Ek Tha explained to The Phnom Penh Post: “We need to prevent any ill-willed people or bad-mood people from spreading false information, groundless information that could tend to mislead the public and affect national security or our society. We need to control this.” As such, it seems that the underlying purpose of the Draft is controlling information circulating on the Internet.

In fact, there is a lengthy Article in the Draft that regulates the sharing of information on the Internet.  Article 28 makes it a crime to create web content that is “deemed to hinder the sovereignty and integrity of the Kingdom of Cambodia,” to publish information (even if true) that is deemed to incite persons to commit anarchism, and to publish (retweet, repost, or forward an email) material that is “deemed to generate insecurity, instability, and political incohesiveness.” There are several more articles that regulate expression, including a provision that would punish online expression that incites or instigates prejudice based on political views.  This last provision will most likely be used to punish those critical of the actions of the ruling party.

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