Starting with the arrest of radio manager Mam Sonando and union leader Rong Chhun in October 2005 and intensified with - among other events - the arrests of two organizers of the peaceful International Human Rights Day held in Phnom Penh on December 10th, the number of political opponents and human right activists charged with criminal defamation has now reached more than ten.
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These charges are the culmination of the last year’s attempt by the Cambodian government to suppress freedom of expression in Cambodia.
The activists have now been released on bail, but they are still charged and obliged to meet in court.
Condemnations from international organisations: Democracy in Cambodia at risk
Since late December 2005, international institutions (including UN and The World Bank) and more than 80 international and local NGO’s have pleaded the Cambodian government to release the detained individuals charged with defamation and asked the international community to curb the development through political pressure. In a statement from early January, United Nations High Commissioner for Human Rights, Ms. Louise Arbour expressed concern that “this disturbing trend threatens to undo the progress made through painstaking efforts over the last decade to build an open and just society based on the rule of law”.
Indeed the development since mid-2005 is worrying: Eight activists from various civil society organizations have faced charges of defamation along with 3 members of parliament all being in opposition to the ruling government led by Prime Minister Hun Sen. Of these 11 individuals, only two have had their cases tried in court and both are sentenced to imprisonment. Both were opposition politicians of which the latest convicted (in absentia) was Sam Rainsy, leader of the main opposition party in Cambodia. Except for one activist, the rest remain after up to three months still in custody awaiting trial. In addition, at least seven prominent NGO-leaders – among others leaders of DCA partner organisations - has fled the country in fear of being charged with defamation and detained by the police.
DCA Country Representative in Cambodia, Cecilie Bjørnskov-Johansen points to two democratic problems with the string of charges and arrests. “One thing is the scale of arrest and frequency by which NGO directors and human right activists have been charged within a short period of time. But another even more worrying thing is the weak grounds on which the majority of the charges are based.
Defamation is being used politically as a soft rubber-band in sharp contrast to the much harder charges and sentences being made by the courts”. Cecilie Bjørnskov-Johansen adds that “it is time for Danida and the other international donors to initiate discussions with the Cambodian government at the forthcoming donor-summit in March. An increase in donated funds and severe attacks on the freedom of expression should not go hand in hand”.
On January 11th, DCA Cambodia signed together with 37 loacl – and 33 international non-governmental organisations a statement addressed to the government, the media, donors and the general public taking exception to the violations of basic human rights being experienced in Cambodia.
NGO working conditions seriously affected
The consequences for the civil society and political is significant. The fear of intimidation has lead several organizations to be extremely cautious in their communication; radio stations has replaced political sensitive broadcasts with more social oriented programs and planned broadcast of round-table discussions on political issues have had to be cancelled as participants have either fled the country or become hesitant to participate.
Even among experienced NGO leaders the concern is evident. Kek Galabru, the President of LICADHO, one of the major human rights groups in Cambodia and a DCA partner, says from her exile that “we are still far away from a democracy. I have to be careful because anything now can be picked up and used as defamation”.
Improvements of the human rights situation not evident
The fact that the activists have now been released is looked upon with both relief and scepticism.
“As a consequence of the gradual elimination of political opposition and the increasingly consolidation of power to Hun Sen and his government, the recent releases is probably either an attempt by Hun Sen to pre-empt further international condemnation or a symbolic act by the court to show that it indeed is not infiltrated politically” concludes Cecilie Bjørnskov-Johansen.
The pressure against the government to respect the democratic rules continues, as the Cambodian people and NGO’s go on with the work to improve basic democratic rights in Cambodia are the losers.
By Peter Bjørnskov-Johansen, DanChurchAid, Cambodia
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