The Permanent Mission of the Kingdom of Cambodia in Geneva has criticised prejudiced comment by the UN Human Rights Office, stressing that “an inclusive participation in democratic society prevails only when individuals exercise their rights with accountability.”
The following is the full press statement of the Permanent Mission of the Kingdom of Cambodia in Geneva AKP received this morning:
“The Permanent Mission of the Kingdom of Cambodia in Geneva strongly deplores the misleading, selective and prejudiced comment by the UN Human Rights Office spokesperson Jeremy Laurence on 3 May 2024 regarding upheld of charges against Chhim Sithar by the Cambodian court. It is, therefore, compelled to offer clarifications as follows:
1. The call for Chhim Sithar’s “immediate release” or “the authorities to quash all their convictions” amounts to contempt for Cambodian judiciary’s competency and integrity. The court’s decisions are based on concrete evidence and strictly adhere to the due process. The very essence of the separation of powers in a democratic system whereby the courts are independent, implies that no other authorities could interfere or put pressure on the courts to drop the charges or quash the convictions.
It entirely remains within the discretion of the courts. Mrs. Chhim Sithar and others held several-month long, unlawful, foreign-funded strikes in late 2021 and were prosecuted for incitement to commit felony or to cause chaos to social security which is punishable under Articles 494 and 495 of the Criminal Code. She was released on bail with a judicial supervision order, and subsequently detained for breach of her obligations under Article 230 of the Code of Criminal Procedures.
2. Contrary to the spokesperson’s allegation, the trade unionists were convicted for the offences they have committed, not ‘for simply exercising their rights to freedom of peaceful assembly and association.’ Incitement to cause chaos to social security is neither a constitutional exercise of freedoms of peaceful assembly and association, nor it is in consistent with the International Covenant on Civil and Political Rights.
3. In Cambodia, as in other democratic societies, individuals are arrested and charged not on the basis of their political affiliation or role as trade unionists. The charges solely derive from the commission of offences against the law. If an individual leads or organises an illegal strike or violent demonstration harmful to public safety, public order or rights and freedoms of others, he/she is held responsible before the law. Neither the Freedom of Association and Protection of the Right to Organise Convention (No. 87) nor other International Labour Standards grant privileges to trade union leaders or trade unionists to commit criminal offences with impunity.
4. Cambodia remains committed to pluralism, inclusivity and the rule of law, while underscoring its dedication to fostering a liberal democratic society where diverse voices and opinions are respected. We believe that meaningful and inclusive participation in democratic and rules-based society prevails only when individuals—regardless of their status and affiliation—exercise their rights and freedoms with accountability within the remit of the rule of law.
The Permanent Mission of the Kingdom of Cambodia in Geneva urges the OHCHR to deliver its mandate in conformity with its founding Resolution A/RES/48/141, placing the OHCHR to function within the UN Charter and under the obligations to respect sovereignty and domestic jurisdiction of the States.