Comment: A blow for freedom of information and expression in Cambodia

Published on: 5 September 2017

Writing for The Conversation, Professor Rhona Smith discusses the implications of Cambodia Daily鈥檚 shutdown.

The independent newspaper has , marking the end of an era. It鈥檚 final headline spelled out the problem facing the country:

Cambodia Daily was launched in 1993 by American journalist Bernard Krisher as the modern state of Cambodia emerged following the tumultuous period of civil war, genocide and occupation. The new Cambodia had a constitution based on democracy and respect for human rights and boasted a free press and a vibrant civil society.

But a quarter of a century after the outlined a blueprint for a modern, stable and peaceful state in Cambodia, freedom of expression there is in grave danger. Reporters Without Borders鈥� World Press Freedom Index now ranks Cambodia 鈥� no easy place to be a journalist.

The Cambodia Daily was one of three English language newspapers in daily circulation in the country, along with the Phnom Penh Post and the newer Khmer Times. But on August 4 this year, the paper was served with a tax reassessment indicating tax arrears of 25,756,015,695 riels (). The sum was declared due within 30 days and allegedly comprises tax owed and interest due on it.

The Cambodia Daily that 鈥渢here may be a legitimate dispute between the tax department and the owners of the Daily over when tax became collectable and in what amount鈥�. But there have been no government explanations over the calculations or discussions on options for resolving the matter. The paper鈥檚 licence has not been renewed 鈥� and it has now ceased operations.

More worryingly, over the last two weeks, several other media outlets have also closed down. These closures are related to licensing regulations and various registration requirements. Radio is a vital source of news and information for many in the country. and , for example, have been particularly affected by restricted access to broadcasting time.

Curbing freedom of expression

The Association of Southeast Asian National Parliamentarians for Human Rights what it called 鈥渁 clear intent by the ruling party to curb freedom of expression ahead of the national elections鈥� in July 2018.

And it鈥檚 not just the media that is under fire. All non-governmental organisations (NGOs) in Cambodia are required to file accounts with the minister of interior this month. This is a requirement under the controversial new Law on Associations and Non-Governmental Organisations (LANGO).

LANGO requires all NGOs to register and comply with national laws 鈥� many NGOs have recently been targeted for non-payment of taxes or tax arrears. Commentators have at this law, which they say can be used to constrain modern Cambodia鈥檚 hitherto vibrant civil society. On August 23, for exmaple, the was shut due to alleged LANGO infringements.

These events are set against a backdrop of elections. Cambodia鈥檚 local elections on June 4 passed relatively peacefully on the day, despite many observers over the atmosphere of threats and intimidation in the lead-up to them.

National Assembly elections, however, are scheduled for July 29, 2018 鈥� and these will decide the composition of parliament and the next government. The last such elections (in 2013) were followed by a period of .

The current government is headed by Prime Minister Samdech Techo Hun Sen who has held that position since 1985, making him one of the world鈥檚 longest ruling leaders. His period in power has seen rapid economic growth and development as the country was rebuilt 鈥� indeed Cambodia now has achieved . But the government has exercised tight control and attracted substantial criticism from .

Before the local elections, a number of legal reforms were made affecting the composition and actions of political parties, restricting free discussions on political matters and requiring NGOs and trade unions to be politically neutral.

Such laws are interpreted very strictly. Journalists, foreign governments, individuals and NGOs questioning the government鈥檚 actions are frequently deemed anti-government and pro-opposition. The leader of the main opposition party, Kem Sokha, was was this week on September 3. The offence of conspiracy with a foreign power allegedly relates to comments made in 2013 in Melbourne, Australia, and the foreign power is .

The prime minister of Cambodia, Hun Sen.

New laws are increasingly being used in Cambodia to restrict freedom of expression and political dissent. Charges of insurrection, bribery, defamation, forgery and incitement have all been used recently. Long periods of pre-trial detention are common and detainees may or may not ever be brought to trial. For example, in June, five employees of the Cambodian Human Rights and Development Association (ADHOC), were released . Their detention was deemed arbitrary but charges could still be brought against these human rights defenders.

Last year, a student was following comments made on Facebook calling for a revolution. And following the murder of prominent political activist Kem Ley in 2016, several people were charged with offences such as defamation, including . At present, some 20 politicians and activists with links to the main opposition party, the Cambodia National Rescue Party (CNRP), are being detained and over 30 more have been charged with a range of offences and await trial.

Campaign of disinformation

The Cambodian government鈥檚 take on the general situation was perhaps best expressed in a published in April by the Ministry of Foreign Affairs and International Cooperation. The government elaborated on its view that it has been the subject of a campaign of disinformation over the years, highlighting the UN and the US as particular offenders.

But there is no doubt that freedom of expression in Cambodia is under threat. Criticising government policy is not a reason to prosecute, rather it is part of the normal democratic process in the run up to national elections. Balanced and informed monitoring of human rights in a country is a normal part of international society, including countries commenting on the situation in other states 鈥� for example, through the UN Human Rights Council. The UN Human Rights Council begins its 36th session this month and the situation in Cambodia .

Expressing political opinions should not be a crime, not least during a period elections in a democratic society. Closing newspapers and radio stations and restricting the work of NGOs should be a last resort even when such outlets allegedly breach national law. Sadly, this is no longer the case in modern Cambodia.

, Head of School, 缅北禁地 Law School,

This article was originally published on . Read the .

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