9. Cambodian authorities have also threatened or targeted high profile government critics or political opponents – 15 including monk But Buntenh and exiled opposition figure Sam Rainsy – with lèse-majesté charges. Access to Information Law 10. In January 2018, after years of drafting and consultations, the government unveiled a draft Access to Information 16 Law that officials have stated is near ready for consideration by Parliament. The draft is the result of a cooperative effort between the Ministry of Information and UNESCO, which involved significant civil society 17 consultation. The draft law, which has been published online, represents a potentially important tool to safeguard the right to freedom of information and combat corruption. However, there remain concerns around the definition of information considered to be confidential, and the discretionary powers given to government officials to make that determination. Moreover, civil society groups in the country have expressed concerns about how the law might be implemented and applied in practice, given the current environment for the right to free expression and information in the country. Recommendations: 11. The government should: i. Repeal the February 2018 constitutional amendments to ensure compliance with international human rights law and standards ii. Amend the Penal Code, including in particular Articles 305, 307, 495 and 503, relating to defamation, public insult, incitement and insult to public figures, to ensure compliance with international human rights law and standards iii. Repeal in its entirety the lèse-majesté provision added to the Penal Code in February 2018 iv. End all criminal proceedings against individuals for alleged offenses of the new lèse-majesté provision and quash the conviction of anyone convicted under the provision v. Guarantee full civil society participation in any further development of draft access to information legislation, ensure that the bill complies with international human rights law and standards on the right to information before its enactment, and ensure that the law, once passed, is implemented in a manner that complies with international human rights law and standards Digital Rights 12. During its previous UPR, Cambodia accepted recommendations to consult all stakeholders when developing 18 policies on internet regulation and to draft a cyber law in line with international standards. However, Cambodia has cracked down on digital expression, including by initiating criminal proceedings against individuals for the exercise of the right to freedom of expression online. Prosecution of Individuals Exercising the Right to Freedom of Expression Online 13. As Internet penetration has increased in Cambodia, the government has sought to tighten its grip on online expression. During the reporting period, the abovementioned legal provisions have been routinely applied against individuals expressing opinions online. In particular, authorities have targeted social media users who post or share content critical of the government or political figures from the ruling party. Recent emblematic cases include the following: • On 8 February 2018, police arrested San Rotha for posting a widely shared video clip referring to the government as ‘authoritarian’. At the time of writing, he remains in pre-trial detention in Kampong Cham Provincial Prison. Although San Rotha was initially questioned in relation to alleged “public insult” and 19 “incitement” under the Penal Code, the formal charges against him are not known. • On 7 March 2018, former police officer Keo Saravuth was detained for a Facebook post which criticised the national police chief, stating “the old general police chief protected the subordinates, but new general police 15 Leonie Kijewski and Niem Chheng, “Religion ministry mulls lawsuit against activist monk But Buntenh under lèse majesté”, Phnom Penh Post, 5 March 2018, available at: https://www.phnompenhpost.com/national/religion-ministry-mulls-lawsuit-against-activist-monk-buntenh-under-lese-majeste; “Cambodian Court Summons Former Opposition Leader Sam Rainsy on Lèse-Majesté Charges”, Radio Free Asia, 20 June 2018, available at: https://www.rfa.org/english/news/cambodia/summons06202018161940.html. 16 Daphne Chen, “Draft of long-awaited access-to-information law unveiled”, Phnom Penh Post, 1 February 2018, available at: https://www.phnompenhpost.com/national/draft-long-awaited-access-information-law-unveiled. See ARTICLE 19 analysis of an early draft of the law. ARTICLE 19, “Cambodia: Draft Law on Access to Information”, legal analysis, September 2011, available at: https://www.article19.org/data/files/medialibrary/2739/11-09-20Cambodia.pdf. 17 See, UNESCO, “Working Towards an Access to Information Law in Cambodia: Bridging the Government and Citizens for Participatory Law-making”, available at: https://en.unesco.org/partnerships/foe/working-towards-access-to-info-in-cambodia. See also Ministry of Information website allowing for public comment on the law. Ministry of Information, “Access to Information”, available at: http://www.a2i.info.gov.kh/. 18 118.103 (Sweden) and 118.101 (Hungary). 19 Mech Dara and Yesenia Amaro, “Man arrested on wedding day for criticising government on Facebook”, Phnom Penh Post, 12 February 2018, available at: https://www.phnompenhpost.com/national/man-arrested-wedding-day-criticising-government-facebook. 3