Cambodian Human Rights Committee Responds to APHR: Criminal Offences Should Not Be Confused with Human Rights
Phnom Penh, September 3, 2024 — The Cambodian Human Rights Committee (CHRC) has issued a detailed response to a recent statement by the ASEAN Parliamentarians for Human Rights (APHR) dated August 29, 2024. The CHRC described the APHR's statement as baseless, erroneous, and politically motivated, arguing that it fails to accurately represent the human rights landscape in Cambodia. The CHRC outlined its position in a series of clarifications, emphasizing that criminal activities cannot be justified as exercises of human rights.
APHR’s Lack of ASEAN Representation:
The CHRC stated that APHR does not have an official or integral role within ASEAN mechanisms. It accused the organization of acting with political bias and limited understanding of Cambodia’s historical, cultural, and legal context. According to the CHRC, APHR's criticisms are unfounded and unfairly supportive of activities that it deems criminal.
Limitations of Rights Under International Law:
Citing Article 29(2) of the Universal Declaration of Human Rights (UDHR) and Articles 19(3) and 21 of the International Covenant on Civil and Political Rights (ICCPR), the CHRC stressed that freedoms of expression and peaceful assembly are not absolute. These rights come with responsibilities and legal restrictions, particularly when national security and public order are at stake. The CHRC argued that spreading false information, inciting public disorder, or attempting a coup are not protected rights but constitute criminal actions under Cambodian law and international standards.
Justification for Recent Arrests:
The CHRC defended the recent arrests of individuals accused of incitement and misinformation, asserting that these actions were based on solid evidence. The committee stated that those arrested had engaged in activities designed to incite violence and undermine Cambodia's monarchy and democratically elected government, which, it argued, are serious offenses that go beyond the realm of protected rights.
Protests Against Cambodia-Laos-Vietnam Development Triangle Area:
Regarding the recent arrests of protesters against the Cambodia-Laos-Vietnam Development Triangle Area (CLV-DTA), the CHRC clarified that these individuals were detained not for peaceful protest but for inciting violence and instability. The committee noted that authorities discovered modified firearms, weaponized drones, and other dangerous weapons in connection with these activities. The CHRC stated that the authorities’ response was proportional and in accordance with Cambodian law, aimed at preserving public order and security.
Judicial Independence and Rule of Law:
The CHRC criticized external attempts to pressure the Cambodian judiciary to release detainees or dismiss charges, describing such actions as violations of judicial independence and the rule of law. The committee emphasized that Cambodia’s courts operate on the principles of legality and due process, which include the right of the accused to a fair trial and the opportunity to challenge evidence.
Commitment to Human Rights and Free Expression:
The CHRC reaffirmed that human rights are enshrined in the Cambodian Constitution, highlighting that millions of citizens freely express their opinions on social media platforms such as Facebook, Instagram, Telegram, and WhatsApp. The committee noted the existence of over 2,000 media outlets and tens of thousands of journalists, including those critical of the government, who operate without prior censorship. The CHRC reiterated Cambodia’s commitment to fostering a pluralistic, inclusive, and democratic society that respects and protects human rights.
Call for Accurate Information and Contextual Understanding:
The CHRC called on all stakeholders to conduct thorough research and verify information before making judgments on Cambodia's human rights situation. It stressed that assessments should take into account the country's unique historical, cultural, and political contexts.
For further information, the CHRC directed inquiries to its spokespersons, His Excellency Pa Ponnarada at 012 686 798 and His Excellency Sreang Chenda at 077 335 644.
This statement by the CHRC highlights its stance that while Cambodia is committed to upholding human rights, it maintains that such rights do not extend to criminal activities that threaten national security and public order.