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 1 October 2009
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UN human rights expert is concerned about freedom of speech in Cambodia

01/10/2009

The United Nations independent expert on human rights in Cambodia has expressed concern about restrictions on freedom of expression in the country.

Surya Subedi

Surya Subedi

Professor Surya Prasad Subedi was reporting to the UN Human Rights Council in Geneva following his visit to Cambodia in June this year.

He said that there are reports of defamation lawsuits filed by the government or high-ranking officials against the opposition party members, a number of journalists and editors, and a leader of a non-governmental organization.

Professor Subedi said that in response to his request earlier this month for information about these cases, the government responded by saying it had taken such measures in compliance with the rule of law.

"However, the concern I have is that the laws in question themselves fall short of the standards required by international human rights treaties and practice. In other words the laws seem to go beyond what is a permitted level of restriction on freedom of expression under the 1996 International Covenant on Civil and Political Rights to which Cambodia is a party."

Professor Subedi said that matters relating to restrictions on freedom of speech, including defamation issues, should be treated under civil law rather than criminal law unless such matters are a threat to national security.

He also noted that the government of Cambodia has acknowledged some of the challenges it is facing on human rights issues and is willing to engage with him and other UN human rights agencies in a constructive manner.

Dianne Penn, United Nations Radio
(duration: 1'38")

Sound bites

Professor Surya Prasad Subedi, United Nations independent expert on human rights in Cambodia

"However, the concern I have is that the laws in question themselves fall short of the standards required by international human rights treaties and practice. In other words the laws seem to go beyond what is a permitted level of restriction on freedom of expression under the 1996 International Covenant on Civil and Political Rights to which Cambodia is a party."
Duration: 22 secs

Professor Surya Prasad Subedi, United Nations independent expert on human rights in Cambodia

"Moreover, it seems that the Cambodian judiciary is taking a restrictive approach in interpreting these laws, which ultimately leads to excessive restrictions on freedom of expression, which are both disproportionate and unjustifiable. Regardless of what the practice is may be in any given country, whether a more established or less established democracy, I am of the view that the spirit of the provisions guaranteeing freedom of speech in international human rights treaties is to treat any matters relating to restrictions on such freedom, including defamation issues, under civil law rather than criminal law unless such matter are of a grave nature and pose a threat to national security or public order."
Duration: 49 secs

Professor Surya Prasad Subedi, United Nations independent expert on human rights in Cambodia

"With the new draft Penal Code before the National Assembly, this will be an important opportunity to decriminalize defamation altogether and to curtail substantively those provisions that could lead to excessive restrictions on fundamental freedoms, including freedom of expression. I stand ready to assist the National Assembly in providing advice and guidance on ensuring that the new Penal Code complies with international human rights standards."
Duration: 32 secs

Professor Surya Prasad Subedi, United Nations independent expert on human rights in Cambodia

"I was, however, pleased that the Government of Cambodia responded to some of the issues raised in my report submitted to the Council as I had shared a draft of my report with the Government inviting its feedback. The communication received from the Government has been circulated separately to members and outlines its views on some key human rights issues, including land rights and freedom of speech. I was encouraged by their recognition of the challenges faced in the area of land administration and their willingness to engage in a constructive dialogue on the issue of land evictions. I agree with the Government that issues of such nature require political will and a commitment to implement the legal framework."
Duration: 49 secs

Professor Surya Prasad Subedi, United Nations independent expert on human rights in Cambodia

There is no doubt that Cambodia has made great strides in recent past. However, in spite of the many positive achievements made in the country, there remain a number of human rights challenges. Improvements are needed in the overall human rights situation in the country. The rule of law is weak. The judiciary is not as independent as it should be. The courts are chronically under funded. Some of the core political rights such as freedom of expression and peaceful assembly have been undermined. I also am concerned that the issue of impunity remains a painful matter which has not been addressed as thoroughly as it should be and land evictions have continued at the expense of the people, especially the urban and rural poor as well as those belonging to the indigenous communities."
Duration: 52 secs

Professor Surya Prasad Subedi, United Nations independent expert on human rights in Cambodia

"Another area of concern is the separation of powers at the heart of the Government. Although the constitution has laid down the foundations for the separation of powers between the three main branches of government, the principle of checks and balances among these institutions is not working as effectively as it should be since the legislative body and the judiciary are not able to exercise their powers to check the executive in an effective and meaningful manner. As we know from past experiences in Cambodia and elsewhere in the world, elections alone cannot guarantee political freedom and a representative government. Respect for human rights is very much dependent on the culture of tolerance. The majority party in parliament should not be at liberty to undermine the basic rights of the minority and enact laws to curtail civil liberties."
Duration: 58 secs