Cambodia has taken a series of repressive actions against the main opposition party, the Cambodian National Rescue Party (‘CNRP’), curtailing political participation and electoral rights in the country. These actions included in particular amendments to the Law on Political Parties (‘LPP’), the arrest of CNRP’s president Kem Sokha and the court-ordered dissolution of the CNRP.

In March and July 2017, the Cambodian National Assembly enacted several amendments to the LPP that made it illegal for anyone with a criminal conviction to lead a political party. The amended LPP also granted the Ministry of Interior broad discretion to suspend activities of political parties and to file motions of dissolution of a party, for decision by the Supreme Court. In October 2017, the National Assembly passed additional amendments to a range of electoral laws that set out the process for reallocating seat won by a dissolved party.

Cambodia argues that the amended LPP applies indiscriminately to every political party, bears all the basic requirements that any democratic country should adhere to, and is aimed at preventing abuses that are not in accordance with fundamental democratic principles.

Moreover, Cambodia argues that the decision of the Supreme Court of 16 November 2017 ordering the dissolution of the CNRP was the decision of a sovereign state, and that the enforcement of domestic judicial decisions is an internal affair of a sovereign state upholding the rule of law.

In relation to the 29 July 2018 elections, Cambodia stresses that the registration of 20 political parties and the participation of 6.956.900 voters is a clear evidence that the amendments to the LPP and the consequent redistribution of seats did not deprive Cambodians of their right to take part in the conduct of political affairs. Therefore, the notion of a breach of Article 25 of the ICCPR is not justified.

In the light of all the above considerations, the Commission finds that the actions taken by Cambodia since 2017, notably the amendments of the LPP, the dissolution of the CNRP and the subsequent redistribution of CNRP’s seats in the National Assembly and in local councils, have a strong negative impact on democracy, political participation and pluralism in Cambodia. These actions point to a politically motivated scheme consisting of legislative, judicial and administrative actions designed to curtail political participation and electoral rights, in particular ahead of the July 2018 general election. These actions have impeded the full enjoyment of political rights by Cambodians, including the right to take part in the conduct of public affairs, to vote and to be elected at genuine periodical elections and to have access, on general terms of equality, to public service in their country, as provided for in Article 25 of the ICCPR.

The Commission concludes that the nature of the rights infringed, the duration, the scale and the impact of the violations found establish the existence of serious and systematic violations by Cambodia of the principles laid down in Article 25 of the ICCPR, within the meaning of Article 19(1)(a) of the GSP Regulation.

Cambodia’s laws contain a number of provisions that contravene Cambodia’s obligations under Article 19 of the ICCPR, notably through broadly and vaguely worded provisions which allow the Cambodian authorities to exercise a wide margin of discretion in implementing those laws and regulations and to bring charges for offences related to the exercise of the freedom of expression. These laws include: the 2018 amendments to the Cambodian Constitution, the lèse-majesté clause in the Criminal Code, the Law on the Press, the Electoral Law, the Telecommunications Law, the Law on Associations and Non-Governmental Organizations (LANGO), the Law on Political Parties, the Law on Trade Unions and Prakas No 170 on Publication Controls of Website and Social Media Processing via internet in the Kingdom of Cambodia.

In addition, the Commission notes the situation of journalists facing arrests, detention, charges and conviction, the closure of the Cambodia Daily newspaper following a tax audit, the closure of the local operations of Radio Free Asia and Voice of America, as well as the closure of other radio frequencies. Journalists have been charged or detained for no apparent reason other than that they had reportedly spoken out against the Cambodian government or engaged in advocacy activities.

Cambodia takes the view that the above-described actions against journalists and media are justified by the application of its domestic laws and regulations on taxation and broadcasting licenses. It emphasizes the large number of media organizations currently registered and operating in Cambodia. It also notes that it has authorized several radio stations to resume operations and granted permissions to radio broadcasters to provide air time.

In addition, Cambodia refers to recent legislative developments, including the establishment of a commission to assess possible amendments to the Law on the Press and ongoing work at inter-ministerial level on a draft Law on Access to Information.

The use of laws to restrict the right to freedom of expression is a matter of grave concern. On 19 June 2019, UN experts including the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, raised concerns about the use of criminal law to target free speech, both offline and online, and reminded Cambodia that the right to freedom of expression is one of the essential foundations for a democratic and just society and that restrictions on freedom of expression must be limited and strictly defined. Morever, legal actions by the Cambodian authorities against individuals for having merely issued statements of support for political leaders are not permitted under Article 19(3) of the ICCPR and therefore constitute unjustified restrictions. The position of Cambodia, in particular its description of the media landscape in the country, stands in stark contrast to its ranking at position 143 on the World Press Freedom Index. On 8 November 2019, the UN Special Rapporteur on the situation of human rights in Cambodia reminded Cambodia that arrests based on the exercise of the freedoms of opinion and expression through political discourse and commenting on public affairs, are not permitted.

The fact that Cambodia committed to review and/or amend a number of its laws, including at the occasion of the 2019 UPR, and has taken a number of administrative steps towards such review and/or amendments since the initiation of the temporary withdrawal procedure, has so far not resulted in tangible progress to bring Cambodia’s laws into compliance with its international human rights obligations, in particular Article 19 of the ICCPR.

The Commission recalls that, whilst the right to freedom of expression may be subject to certain restrictions, such restrictions have to satisfy the conditions set out in Article 19(3) of the ICCPR, including the condition that any restriction be necessary in a democratic society and proportionate. However, the Commission finds that Cambodia has not sufficiently demonstrated that the restrictions on the right of freedom of expression set out in its legal framework and its implementation meet the conditions set out in Article 19 of the ICCPR.

Having regard to the nature of the rights infringed, the duration, the scale and the impact of the violations, the Commission finds that Cambodia’s use of its law and its judicial and administrative actions to restrict the right to freedom of expression and its failure to take the necessary steps to ensure a free civic space, amount to a serious and systemic violation of the principles laid down in Article 19 of the ICCPR, within the meaning of Article 19(1)(a) of the GSP Regulation.

Cambodia justifies its actions on the grounds that local authorities need to ensure security and public order, and that the CSOs in question were undertaking ultra vires activities or conveying messages that violated the law.

Cambodia confirms its commitment to review the LANGO and states that consultations with CSOs are underway and that in any democratic country such a process requires time.

Cambodia adds that the preparatory work on a draft Access to Information Law is taking place in full cooperation with UN organizations such as the OHCHR and Unesco office in Phnom Penh. Cambodia has furthermore extended deadlines for tax registration and tax obligations for CSOs.

Concerns about the LANGO and its implications on the ability of CSOs and individuals to act in defence of human rights and to promote transparency and accountability were expressed by the OHCHR already in 2015, and by the OHCHR spokesperson in August 2017. The shortcomings of the LANGO were raised by the Commission and the European External Action Service (EEAS), including during the 2018 monitoring mission, and by the international community, e.g. in the 2019 UPR and by the UN Secretary-General and UN Special Rapporteur.

More specifically, the Commission finds that the grounds for restricting the registration of associations under Article 8 of the LANGO go beyond what is permitted under Article 22(2) of the ICCPR. The Commission also finds that Article 25 of the LANGO combined with its Article 30, imposes reporting requirements on CSOs going beyond those permissible under Article 22(2) of the ICCPR. In addition the vague formulation and unclear application of the neutrality requirement set out in Article 24 of the LANGO do not meet the requirements of Article 22(2) of the ICCPR.

Having regard to the nature of the rights infringed, the duration, the scale and the impact of the violations, the Commission finds that Cambodia’s use of its laws and its judicial and administrative actions to restrict the right to freedom of association and peaceful assembly and its failure to take effective steps to ensure a free civic space, constitutes a serious and systemic violation of the principles laid down in Articles 21 and 22 of the ICCPR, within the meaning of Article 19(1)(a) of the GSP Regulation.