ARTICLE 19 welcomes the opportunity to reflect on the recommendations supported and noted under Cambodia’s UPR.
ARTICLE 19’s Global Expression Report reveals that Cambodia is facing a freedom of expression ‘crisis’, driven by an increasingly repressive legal framework and systemic harassment of journalists, human rights defenders, protestors, and other civil society actors. With over 50 cross-regional recommendations focused on the freedom of expression and related rights during the review, there is now a clear path to put an end to this crisis.
We appreciate that the Cambodian government has supported many recommendations to guarantee the freedom of expression, including through amending laws and regulations and taking measures to protect journalists and human rights defenders. We particularly commend the government for committing to repeal Article 305 of the Criminal Code, as the criminalisation of defamation is inherently disproportionate and incompatible with international human rights standards. We also welcome renewed commitments to amend other laws in consultation with civil society – such as the Law on Associations and Non-Governmental Organisations, Law on the Press and the Law on Trade Unions, as well as other draft laws on Cybercrime, Cybersecurity and Access to Information – which all create a legal framework which critically curtails the rights to freedom of expression and freedom of assembly and association.
We call on the Cambodian government to ensure these laws are fully and swiftly aligned with international standards for the right to freedom of expression, and we stand ready to engage constructively with relevant officials during this process.
Despite these positive developments, the Cambodian government has noted other important recommendations which undermines its refreshed commitment to upholding the freedom of expression. We are particularly dismayed with the refusal to repeal the Sub-Decree on the Establishment of the National Internet Gateway, a draconian law which facilitates monitoring and surveillance of internet activity, empowers the interception and censorship of digital communications, and enables the collection, retention, and sharing of personal data. We are also concerned with the refusal to repeal Articles 494 and 495 of the Criminal Code and the so-called Charter for Professional Journalism despite being clearly out of line with international standards and routinely used to harass civil society.
We urge the Cambodian government to reconsider its position and immediately repeal the Sub-Decree and other repressive laws as part of its efforts to ensure human rights online.
We are similarly dismayed with noted recommendations to end blocks, closures and surveillance of the media, as well as to release journalists, human rights defenders, and other civil society actors behind bars. These actions have decimated independent media in the country, denying the free flow of information.
We urge the Cambodian government to reinstate the media licences of independent news outlets and immediately cease all attacks, reprisals, criminal proceedings, and violence against journalists, human rights defenders, and other civil society actors.