Smith asked to respect HRC rules

Kuch Nithatevy / Khmer Times

September 10,2020

The Permanent Mission of Cambodia to the UN called for the Special Rapporteur to Cambodia, Rhona Smith, to “strictly observe” the Human Rights Council’s code of conduct and manual of operational procedures.

The Cambodian Mission issued a press release in response to Smith’s claims about human rights in Cambodia. It highlighted that the nature of the Kingdom’s application of laws is done in tandem with shielding law-abiding citizens and guaranteeing peace, social order and public health for everyone.

The press release said: “Cambodia cherishes freedom of expression, association and peaceful assembly in line with the law, and is deeply conscious that a plurality of voices, including critical ones, matter in the development of the country.”

It cited Article 31 of the Cambodian Constitution, which ‘underscores that the exercise of personal rights and freedoms by any individual shall not adversely affect the rights and freedoms of others’. It highlighted that the exercise of such rights and liberties shall be in accordance with the law.

The press release stated that the Special Rapporteur had not taken into account the special duties, responsibilities and limitations when considering the exercise of freedom of expression, association and peaceful assembly.

Noting Article 29 (2) of the Universal Declaration of Human Rights and Articles 19 (3), 21, and 22 (2) of the International Covenant on Civil and Political Rights, the release said: “The purposeful failure of this emphasis not only misleads the public but also emboldens certain forces, who readily exploit the situation for their hidden agenda.”

“As for objective and professional undertaking, it is incumbent upon the Special Rapporteur to strictly observe the Code of Conduct for Special Procedures Mandate Holders of the Human Rights Council and Manual of Operations of the Special Procedures of the Human Rights Council, which detail general principles of the conduct, importance of duly cross-checked information-gathering and communication procedures with the government,” it continued.

The reaction came after Smith’s concern over Articles 494 and 495 of the Criminal Code regarding the recent arrests of three environmental activists who were charged with “incitement to commit a felony and creating public disorder”.

She wrote: “The rights to freedom of expression, association and peaceful assembly are protected by international human rights norms and standards as well as by the Cambodian Constitution.”

“I encourage Cambodian authorities to ensure that these rights are respected and protected and to create an environment in which individuals are able to exercise these rights. I urge that those arrested are promptly brought before a court of law and their due process rights are fully respected.”

Chin Malin, Ministry of Justice spokesman, said that these concerns do not accuse authorities of violating human rights, as the situation had been tightly adhered to, and enforced within the framework of the law.

He said that these concerns have stemmed from reports and sources from activists. “Her urging the authorities to send the perpetrators to court makes it clear that she supports and understands the government’s legal action against those who abuse their rights and that those committing crimes that they are responsible for,” he added.

Pa Chanroeun, president of Cambodian Institute for Democracy, said that the Mission’s response offers insight into criticisms concerning Cambodia’s freedom of expression and democracy.

“I have heard that the government announced that they have complied with the democratic rule of law and respect for human rights. But the national community, civil organisations as well as the international community, which highly respect human rights and democracy, always consider the government’s actions as a violation of fundamental civil rights,” Chanroeun added.

“I think the Special Rapporteur to Cambodia should evaluate the value of the human rights practice standards and consider the pre-existing differences between international human rights and Cambodia’s,” he said.