Case study: Cambodia’s political prisoners Case study: The ���Situation Room” In May 2016, Justice Ministry officials warned human rights group LICADHO that its new webpage documenting Cambodia’s “political prisoners” could be in contravention of the LANGO, arguing that the page could violate Article 24 of the law, which requires political neutrality. Justice Ministry spokesman Kim Santepheap said the following in a Facebook post: “Licadho is walking away from its professionalism and its statute.” He added: “I want to inform public opinion that Cambodia does not have political prisoners at all. In all prisons and correctional centers throughout Cambodia, there are only inmates jailed over criminal offenses.”36 A loose and ad hoc coalition of NGOs known as the “Situation Room”, which was formed to monitor the 2017 Commune Council elections, was threatened with legal action under the LANGO. On 4 July 2017, the Interior Ministry issued a letter to the Situation Room ordering it to cease its activities in alleged violation of the neutrality requirement of the LANGO.38 Article 30 (1) governs the consequences of non-compliance with Article 24. It states that any domestic organisation which does not comply with Article 24 will first be issued a warning, then have their activities suspended for 90 days, and if there is continued non-compliance, the Ministry of Interior shall remove it from the register. The LANGO also prohibits both domestic associations and NGOs, under Article 30(3), and foreign associations and NGOs, under Article 35, from conducting activities that adversely affect “security, stability and public order” or that “harm security, stability, and public order, or endanger the national security, national unity, culture, good traditions and customs of Cambodian national society.” The broad wording of these provisions could easily encompass legitimate expression made by associations and NGOs, for example, commenting on political events or criticising government action. This is particularly concerning for CSOs working in the field of human rights and the rule of law.37 “National unity” and “good traditions and customs of Cambodian national society”, being undefined in the law, are particularly open to subjective and discriminatory interpretation to serve political ends. 36 Narim, K., & Wright, G. (2016, 20 May). Rights Group Warned Over ‘Political Prisoners’ Page. The Cambodia Daily. www.cambodiadaily.com/archives/ rights-group-warned-over-political-prisoners-page-112823 37 As noted by then Special Rapporteur on the Situation of Human Rights in Cambodia, Surya Subedi, following a visit to Cambodia in 2014, in relation to the (then draft) LANGO and draft Cybercrimes Law, “Any laws regulating freedom of expression online and the formation and operations of associations and NGOs are necessarily a direct concern for civil society.” Subedi, S. (2014, 24 June). Press Statement. cambodia.ohchr.org/sites/default/files/ pressstatementsource/SR_statement24062014_Eng.pdf Article 30 (3) provides for sanctions in case of breaches of Article 35, entailing a penalty of deregistration for domestic associations and NGOs. Article 35 entails a penalty of termination of the memorandum of understanding for foreign associations and NGOs. Deregistration is the ultimate form of limitation of expression for associations, because, according to Articles 9 and 12 of the LANGO, all NGO activities are prohibited unless the NGO is registered. Law on the Election of Members of the National Assembly (LEMNA) The LEMNA contains numerous restrictions on freedom of expression linked to electoral campaigns, which could be applied to online activities. Article 71 restricts political parties and candidates or supporters from making verbal remarks or written statements that are “immoral” or that “insult” candidates, their supporters or any person. This provision is vague and could therefore lead to abuses. Simply disagreeing with a political party could be characterised as “insult”.39 Article 72 states that electoral campaigns can only occur during a 21-day period and must stop 24 hours before the polling day. There is no reason given in the law for this restriction of freedom of expression, and campaign activities outside the sanctioned period could be subject to punishment. Political neutrality of NGOs is also enforced in the LEMNA. Articles 84 and 137 rule that organisations, both local and international, as well as all foreigners, must be “neutral and impartial” in the elections. Furthermore, Article 84 lists a number of direct or indirect activities that are prohibited 38 Sokhean, B., & Paviour, B. (2017, 5 July). Interior Ministry Issues Stop-Order to Situation Room NGOs. The Cambodia Daily. www.cambodiadaily.com/news/ interior-ministry-issues-stop-order-to-situation-room-ngos-132133 39 European Union Follow-up Mission to Cambodia. (2015). Final Report. eeas.europa.eu/sites/eeas/files/efm_cambodia_2015_ final_report_publ.pdf 40 / Unshackling Expression