This past week I started writing a brief on the use of repressive legislation in Cambodia to restrict freedom of expression and related rights like freedom of association and assembly. With a majority in Parliament, the ruling Cambodian’s People Party has passed or is about to pass legislation that could be used to legitimize their crackdown on human rights defenders, NGOs, journalists and other concerned parties critical of the government.

Penal Code

The new Cambodian Penal Code was passed in December 2010. It replaces the former UNTAC Penal Code. While the new Penal Code does not contain the same UNTAC disinformation clause (which has been used to jail journalists and wrongfully convict other individuals), it creates a number of new crimes susceptible to abuse. This includes a provision for “incitement” which is defined as incitement to commit a crime or incitement of “serious turmoil in society.” Shortly after the passage of the new Penal Code, World Food Program staff member Seng Kunnaka was convicted on the charge of criminal incitement for printing and sharing material from the website ki-media, an online blog critical of the government [Incidentally, as I write this, my access to ki-media is down again. There are rumours the government is having it blocked]. The government is not hiding one of the new Code’s purposes: “Before, using the argument of ‘freedom of expression’ and opposition party status, some people could insult anybody or any institution. This is not the case now,” said the Cambodian Minister of Information.

For a more in-depth analysis of the new Penal Code provisions, check out this report.

Demonstrations Law

The Demonstrations Law was adopted in 2009. It makes it de facto necessary to receive authorization to protest. Demonstrations can be refused if they harm the rights to “freedom and honour of others, good customs of society and national security”. This differs from the ICCPR article which allows for limits on demonstrations only on the basis of “public safety, public order, public health or morals.” Moreover, the law fails to provide judicial redress in cases where authorization is refused. The Centre for Cambodian Human Rights Report also suggests that the law has been used before to crackdown on private meetings. Finally, and possibly the most disconcerting part of the law for the moment, is the creation of “Freedom Parks” across the country. These “Freedom Parks” are areas where protestors can hold protests after providing 12 hours notice. While the parks do not exclude the use of other public venues, there are concerns they may still be used to isolate and neutralize demonstrations.

Anti-Corruption Law

The third law is the Anti Corruption Law passed in May 2011. While a number of corrupt officials have been charged under the law, there are allegations that these charges are more related to factional splits in the ruling party than to corruption in Cambodia. A number of provisions are problematic. In particular, the law does not provide adequate protections for whistleblowers and thus discourages people from coming forward.

Draft Trade Union Law

The draft law contains a number of provisions that offer the government an opportunity to legitimize their crackdown on the trades union sector through the courts. Several articles of the law blatantly violate the International Labor Organization Convention No. 87 (see this article by article analysis of the law). Key concerns include the inclusion of criminal penalties and hefty fines that could be used to threaten union leaders from speaking out against the government. Vague language contained in the law could also be used by the government to curtail freedom of expression. For example, the provision outlawing demonstrations for “purely political purposes” could be used to prevent legal demonstrations or strikes in opposition of government policies.

Draft Associations and NGO Law

This law is currently in draft form, but it is expected that the government will try and pass the law before the end of the year. In violation of freedom of association protected under the Cambodian Constitution and the ICCPR, the law enforces the mandatory registration of associations and NGOs (see this analysis by LICADHO). It also imposes a number of burdensome registration requirements, which would severely restrict the operation of rural grassroots groups with limited resources. It gives authorities unbounded discretion to approve registration applications, with few guidelines to transparently steer these decisions. There is no appeals process if registration is denied. The law is also loosely drafted, giving it an apparently unlimited scope.

In its current form, the law would likely lead to the outlawing of several informal groups which do not want to register with the government or do not have the capacity. These informal networks give a voice to a number of vulnerable groups including sex workers. The likely closure of grassroots NGOs and associations, which provide information to international donors, could impair economic development in Cambodia. With the press muzzled and the private sector often complicit in human rights violations, NGOs are the last body able to report on human rights abuses and corruption in Cambodia.

Apparently a couple of embassies in Phnom Penh (but not the US embassy), when first faced with the Associations & NGO Law, thought it was a perfectly reasonable law to have in place. After all, many Western countries do have some kind of Association and NGO law. What they failed to consider was the Cambodian context. Most importantly, there is no judiciary to enforce the law fairly (see Cambodia’s recent ranking as 35/36 on the World Justice Project Rule of Law Index) or to create a body of precedent that would narrow or at least purposively develop the ambiguity of many of these provisions. Rather, new laws give the government something to point at when they decide to shut down an NGO, move a protest to a Freedom Park or fine a union leader. New laws make it harder to argue that the government is acting out of bounds.

The content and opinions expressed here do not necessarily reflect the views of nor are they endorsed by LICADHO or its affiliates.

This morning’s speakers were a good introduction to the issues we are dealing with during the conference. While a lot of “buzz words” and hot air (in the politician’s speeches), Siskia Sassan spoke about some of the key challenges facing the next generation and the encouraging tools we now have at our disposal.

One notable tool is the Internet. This will allow the immobile to become virtually mobile. In the same breath, it will help those who want to focus on local cultures share their experiences in this “globalized world.” While some are bashing the Internet for allowing calls to Jihad, the Internet’s overwhelming power as a tool to build networks of information in even the remotest of places far surpasses the dangers. With cheap mobile internet phones coming into the markets in places like Kenya, the future of communications for development and change is looking bright.

Lastly, I would like to comment on her statement “The world is a grim place.” Generally, I agree with this statement whole-heartedly. The two big challenges we are facing that she mentioned – our current style of capitalism and the exploitation of the environment – are making live unstable and precarious. However, if NMC and other organizations can feed into this global network of youth and inject the finances, mentoring and encouragement to keep things going, there might be some hope in developing the dialogue the NMC leaders spoke of.

Another story on Canada’s failed democracy in the Globe and Mail.

The Harper government’s decision to have Parliament prorogued in the dead of Christmas week sets a record for taking out the trash.

That’s the political term for a government dumping unwelcome or unpopular announcements at times when the news is likely to be ignored. Embarrassed by a damning report? Release it on a Friday afternoon before a long weekend.

Determined to short-circuit an investigation into how the government mishandled the treatment of Afghan detainees? Wait until the eve of New Year’s Eve – when MPs are in their ridings or down south, readers and viewers are few, and that day’s news is dominated by the picks for the men’s Olympic hockey team – and suspend Parliament.

Well, as Canadians, we must ensure that the Afghan detainee matter stays on the map. Otherwise, we will become subject to the same foul treatment abroad (and domestically) as the United States. We’ll also deserve it. I would hate to see Vancouver, Toronto or Montreal face similar treatment as New York or the American embassies abroad.

They are almost certainly right. But the fact remains that proroguing Parliament shuts down the committee that was the source of the most embarrassing revelations about government bungling in Afghanistan. The Military Police Complaints Commission, which was also looking into the affair, is effectively suspended until the government gets around to appointing a new commissioner.

The Conservative Harper government in Canada continues to shun democracy. For a second time this year, Stephen Harper shut down Parliament.

The shutdown killed all legislation making its way through the parliamentary process, including bills championed by Mr. Harper’s Conservative government.

It also shut down all parliamentary committees, including a special one that was raising embarrassing questions about the government’s policies on Afghans detained by Canadian troops before being turned over to the Afghan government. Human rights groups and a Canadian diplomat say the detainees were abused after being handed to the Afghans. Mr. Harper’s government denies the allegations.

The Richard Colvin affair and the failure of the Canadian government to act on allegations of torture of Afghan detainees makes this highly probable. Canada, signatory to the International Criminal Court, could find itself up there with Uganda and the DRC.

Realistically, this probably will not happen. However, it would be an effective way to clean up Canada’s tarnished image. Taking accountability for its actions, Canada might be able to temporarily clear its slate of support for human rights abuses showing that not only poor African countries are ICC targets.