AKP Phnom Penh, September 03, 2024? — The Cambodian Human Rights Committee (CHRC) has strongly deplored the groundless, erroneous, and highly-politicised statement of the ASEAN Parliamentarians for Human Rights (APHR) dated Aug. 29, 2024.
The statement does not reflect the human rights situation in Cambodia, underlined CHRC, adding that given the biased and unilateral nature of this statement, the CHRC responds and clarifies as follows:
‘1. APHR is neither institutionally representative of nor integral to ASEAN mechanisms. To score a political goal, certain self-branded human rights and democracy advocates with limited knowledge of Cambodian history, culture, and society, as well as international law, manipulate and unashamedly act as judges in the internal affairs of a sovereign state. In doing so, these organisations appear condescending, making groundless claims and prejudiced remarks that deliberately support criminality.
2. Article 29(2) of the Universal Declaration of Human Rights (UDHR) and Articl
es 19(3) and 21 of the International Covenant on Civil and Political Rights (ICCPR) stipulate that the exercise of the right to freedom of expression and right of peaceful assembly is not absolute. It carries with it special duties and responsibilities, taking into account certain restrictions provided by law that are necessary for the protection of national security or public order. Bombarding the public with malicious intent on a border-related issue with fabricated materials, spreading fake news, jeopardising national security and order, and attempting a coup against a democratically elected government do not equate to the exercise of rights and freedoms but rather constitutes as crimes. The same holds true in any other democratic society.
3. The arrests of the referred suspects are based on concrete evidence that shows that these individuals publicised threats and disseminated misinformation for the purpose of inciting the masses to hold a colour revolution and commit various acts of violence to topple t
he Monarchy and the democratically elected government of Cambodia.
4. Likewise, the recent arrests of protesters against the Cambodia-Laos-Vietnam Development Triangle Area (CLV-DTA) are not because they exercised their right to freedom of expression or right of peaceful assembly, but due to their malicious intent to cause instability and incite the use of violence. As with any democratic society, these actions constitute criminal offences as stipulated in the Cambodian Criminal Code. In response to these criminal conducts, authorities as a first step undertook administrative measures to prevent further escalation such as providing truthful and credible information on the matter and allowing misinformed individuals to return home. Regarding individuals who are suspected to have committed or conspired to commit more serious crimes, the authorities took proportional measures in accordance with Cambodian law including arrests, for the purpose of maintaining public order and national security. In such cases, aut
horities found disturbing evidence such as modified guns, weaponised drones, and other dangerous weapons.
5. The release of a statement to pressure and order the judiciary to immediately release any suspect and drop charges is a violation of the judiciary’s independence and encourages disrespect for the rule of law. The protection of human rights is inseparable from the rule of law. The court’s independent decision strictly adheres to the principle of legality and due process a fundamental human right that provides the accused with the right to a fair trial and an opportunity to be heard and challenge any evidence or witness put against them.
6. Human rights are guaranteed by the Cambodian Constitution. In Cambodia, millions are able to use a variety of social media channels including Facebook, Instagram, Telegram, and WhatsApp to express their opinions in a free and enabling environment. Furthermore, over 2,000 media outlets and tens of thousands of journalists, including those critical of the government,
have been operating in traditional and digital manners without prior censorship. Cambodia remains resolute to the commitment of pursuing a pluralistic, inclusive, and democratic society with the promotion and protection of human rights.
7. The CHRC strongly implores all relevant stakeholders to conduct comprehensive research and verify information thoroughly before forming any conclusive opinions related to the human rights situation in Cambodia. The general principles for assessing human rights in any country should take into account its historical factors, geography, culture, traditions, customs, beliefs, religions, and political context.’
Source: Agence Kampuchea Presse