Using Law to Impair the Rights and Freedoms of Human Rights Defenders: A Case Study of Cambodia

摘要

In Jakarta, Indonesia, in July 2011, the United Nations (UN) Special Rapporteur on freedom of opinion and expression, Frank La Rue, highlighted how governments in South East Asia are increasingly using legislation and the courts to impair the freedom of expression, association and assembly of human rights defenders (HRDs) in the region. This article uses Cambodia as a case study to explore the use of repressive legislation against HRDs. It considers the state of the judiciary and critically analyses new laws, both enacted and in draft form, which undermine freedom of expression, association and assembly in the country. These laws include the new Cambodian Penal Code, the Law on Peaceful Assembly, and the highly contentious draft Law on Associations and Non-Governmental Organizations (NGO Law). Drawing on La Rue's interviews with Cambodian HRDs, this article provides unique insight into how the Cambodian government is stifling free speech, association and assembly through specific laws rather than violent action. Finally, the article considers a number of options that both national and international players have in preventing, or at least helping to curb, this trend that affects human rights advocacy efforts in Cambodia and beyond.