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Amnesty International Report 2017/18

with the Government of Burundi”, and “to 

make recommendations for technical 

assistance and capacity building”. On 29 

September, the Council also renewed the 

Commission of Inquiry’s mandate for another 

year. Discussions between the UN and the 

government on the reopening of the UN 

Office of the High Commissioner for Human 

Rights in Burundi had not reached a 

conclusion by the end of the year.

Burundi’s withdrawal from the ICC came 

into effect on 27 October. Two days earlier, 

the Pre-Trial Chamber authorized an 

investigation into the situation in Burundi, a 

decision made public in November.

The AU Peace and Security Council did not 

meet to discuss Burundi in 2017, despite the 

continued presence of AU human rights 

observers and military experts in the country 

at the Council’s request.

CAMBODIA

Kingdom of Cambodia

Head of state: King Norodom Sihamoni

Head of government: Hun Sen

The crackdown on human rights defenders, 

media, civil society and the political 

opposition intensified ahead of elections 

scheduled for July 2018. The authorities’ 

misuse of the justice system continued. 

New criminal charges were brought against 

serving and former leaders of the main 

opposition party. The authorities increased 

pressure on civil society including by 

conducting surveillance of human rights 

workers and restricting or shutting down 

organizations monitoring elections. Media 

freedom and diversity were dramatically 

reduced. Human rights defenders continued 

to be monitored, threatened, arrested and 

imprisoned. Montagnard asylum-seekers 

faced forcible return to Viet Nam.

BACKGROUND

The prospect of a close general election in 

2018 led to an unstable political environment 

and threats to human rights. In February, 

Sam Rainsy stood down as leader of the 

opposition Cambodia National Rescue Party 

(CNRP) to avoid party dissolution because of 

his 2016 conviction on criminal charges. The 

lead-up to the June 2017 commune elections 

was marked by threatening rhetoric from the 

Prime Minister and other senior government 

and military officials. The ruling Cambodian 

People’s Party (CPP) won control of 70% of 

communes. In September, the UN Human 

Rights Council extended the mandate of the 

Special Rapporteur on the situation of human 

rights in Cambodia for a further two years. On 

16 November, the CNRP was dissolved amid 

allegations of being part of a purported US-

funded “colour revolution” to topple the 

current regime.

FREEDOMS OF EXPRESSION AND 

ASSOCIATION

Harassment of the political opposition and 

civil society through misuse of the criminal 

justice system escalated in an apparent 

attempt to hamper activities ahead of the 

2018 general election.

1

 Amendments to the 

Law on Political Parties in February and July 

gave the Ministry of Interior and courts new 

powers over political parties and barred 

individuals convicted of a criminal offence 

from holding leadership positions.

In March, Sam Rainsy was convicted of 

“defamation and incitement to commit a 

felony” for claiming on social media that the 

July 2016 murder of political commentator 

Kem Ley was an act of “state-sponsored 

terrorism”. Political commentator Kim Sok 

was convicted on the same charges in 

August for allegedly linking the government to 

the murder in a radio interview. Following the 

commune elections, the Ministry of Interior 

ordered a local election monitoring coalition 

to cease its activities.

In August, the US-based National 

Democratic Institute was expelled from 

Cambodia for alleged regulatory violations. 

Also in August, more than 30 FM radio 

frequencies were silenced. Radio stations 

were alleged to have violated their contracts 

with the government by “overselling” air time 

to broadcasting programmes from the US-

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based Radio Free Asia (RFA) and Voice of 

America, as well as Cambodian radio 

programme Voice of Democracy. In 

September, the long-running English 

language newspaper The Cambodia Daily

shut down after the authorities gave its 

publishers 30 days to pay a USD6.3 million 

tax bill, a move widely viewed as arbitrary. 

The same month, RFA ceased operations in 

Cambodia, citing the restrictive media 

environment. In November, two former RFA 

reporters were arrested on trumped-up 

charges of “espionage” and faced up to 15 

years in jail.

On 3 September, new CNRP leader Kem 

Sokha was arrested at his home in the 

capital, Phnom Penh, and later charged with 

“conspiracy with a foreign power” in relation 

to a 2013 speech in which he discussed 

international advice he had received 

regarding democratic change. CPP 

lawmakers later voted to strip him of the 

parliamentary immunity he had been granted 

under the Constitution.

The Ministry of Interior ordered local land 

rights organization Equitable Cambodia (EC) 

to suspend its activities for 30 days for 

alleged regulatory violations. Although the 

suspension lapsed on 15 November, EC was 

not allowed to resume activities. At least three 

individuals were arrested throughout the year 

for posting comments on Facebook that were 

regarded by authorities as insulting to the 

Prime Minister. On 26 November, the 

Cambodian Centre for Human Rights was 

threatened by the Prime Minister with 

closure; it was allowed to remain open after 

investigation by the Ministry of Interior and an 

announcement by the Prime Minister on 2 

December.

HUMAN RIGHTS DEFENDERS

Human rights defenders were harassed and 

prosecuted for their peaceful human rights 

work. In February, Tep Vanny, a prominent 

land rights activist from the Boeung Kak Lake 

community, was convicted of “intentional 

violence with aggravating circumstances” in 

relation to a 2013 protest, and sentenced to 

two years and six months’ imprisonment. In 

December, the Supreme Court upheld a six-

month prison sentence against Tep Vanny 

and two other community members 

stemming from a protest in 2011. Human 

rights defenders Am Sam Ath and Chan 

Puthisak were investigated in February for 

allegedly instigating violence at an October 

2016 demonstration in Phnom Penh. They 

were beaten by para-police during the 

demonstration; however, their formal 

complaint of assault appeared to have been 

ignored.

In June, five serving and former staff 

members of the Cambodian Human Rights 

and Development Association (ADHOC) were 

released on bail after being held for more 

than a year in pre-trial detention on charges 

of bribing a witness. Three of the five − Ny 

Sokha, Nay Vanda and Yi Soksan − were 

arbitrarily denied access to medical care for 

two months prior to their release. The 

charges remained pending at the end of the 

year.

In September, two activists from the 

environmental organization Mother Nature 

were arrested while filming sand-dredging 

boats off the coast of Koh Kong in an attempt 

to highlight alleged illegal smuggling. They 

were charged with incitement to commit a 

felony and making an unauthorized 

recording.

UNLAWFUL KILLINGS

On 23 March Oeuth Ang was sentenced to 

life imprisonment after being convicted by 

the Phnom Penh Municipal Court of the 

2016 murder of prominent political 

commentator Kem Ley. The trial lasted only 

half a day. The authorities did not respond to 

calls for an independent, impartial and 

effective investigation into the killing of Kem 

Ley.

WOMEN’S RIGHTS

Cambodia failed to submit its report, due in 

October, on implementation of the 

recommendations of the 2013 UN CEDAW 

Committee, or to follow up with requested 

information regarding sexual and gender-

based violence – in particular redress and 

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