Joint Statement
On the Situation on the Rights to Freedom of Movement
We, Civil Society Organizations in Cambodia, working on the promotion democracy, human rights, and rule of law welcome the removal of the restriction on peaceful assembly organized by the Cambodia National Rescue Party (CNRP) on 7th September by Cambodian Authority. However, we are deeply disappointed on disturbances of the rights to freedom of moment by police authority, preventing people in province from traveling to Phnom Penh to Capital city.
We observed that the government has deployed of mixed forces consisted of military police and police to facilitate people in exercising their rights to freely assemble in Freedom Park of Phnom Penh as part of government’s obligation to promote and respect the rights to freedom of assembly, which is paving the way toward democracy and rule of law in Cambodia. However, we also observed that the police and military police have disturbed people’s moment in various locations mainly on most of major national roads; particularly for those who travel from the provinces to Capital City of Phnom Penh which is observed to have been disturbed their rights to freedom of movement. There were many instances where the police authority have established check-point and conducted unnecessary search on individual, preventing them from coming to participate in peaceful assembly in Phnom Penh organized by the Cambodia National Rescue Party (CNRP).
We recognized that, to some degree peaceful assembly usually entail the disturbance of normal public order. However, disturbing people’s travel to ensure the movement of traffic is not sufficient grounds for obstruction the freedom of movement freely. Therefore, when the freedom of movement is disturbed at the expense of other rights, the restriction should be based on the principle of necessity for protection of other equal legitimate good. Only cases of legitimate public interest justify restricting the exercise of the freedom to movement.
We consider that the short-term and partial disruption of traffic was not sufficient ground for the massive restrict of people’s movement by the police authority. The right to assembly freely takes priority, while restriction of freedom of movement was reasoned by objective necessity.
We call on all levels of government to put an effective measure in place in order to stop all forms of obstruction and restriction of rights to freedom of movement in the future so that the rights to freedom of movement and assembly is fully respected as to promote human rights, democracy, and rule of law in Cambodia.
Civil Society organizations propose to the government to 1) give a clear instruction to those police who made obstruction and disruption towards people’s movement and 2) proposing to Cambodian government in its capacity as a signatory to human rights treaties to thoroughly respect and uphold its human rights obligations especially to promote the freedom of assembly and freedom of movement which are the sources for the instillation and the practices of democracy in Cambodia.
For inquiries, please contact:
Mr. Sok Sam Oeun CHRAC Chairman and President of CDP Tel: 012 901 199
Mr. Ny Chakrya Head of Investigation Unit of ADHOC Tel: 011 274 959
Mr. Yong Kim Eng President of PDP-Center
Mr. Hang Puthea Executive Director of NICFEC
Mr. Preap Kol Executive Director of TI
Mr. San Chey Representative of ANSA
Mr. Kol Pahna Executive Director of COMFREL Tel: 012 942 017
Mr. Him Yun coordinator of CISA
Mr. Suon Bunsak Executive Secretary of CHRAC Tel: 092 344 357
Best regard,
COMFREL
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Committee for Free and Fair Elections in Cambodia (COMFREL)
Head Office : # 138, Street 122, Sangkat Teuk La ak, Khan Tuol Kork, Phnom Penh, Cambodia. (20 meters from the eastern fence of National Pediatric Hospital)
P.O.Box 1145, CCC Box 439
Phone : (855-23) 884 150
Fax : (855-23) 883 750
E-mail : comfrel@online.com.kh
Website : www.comfrel.org
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COMFREL Vision : A democratic society that democratization in particular democratic elections are promoted and qualified to bring benefits to people.
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