The Cambodian Permanent Mission issued a statement stating that "the actions of the Cambodian authorities are in accordance with the law and proportionate."
(Phnom Penh): The Cambodian Permanent Mission in Geneva on January 6, 2022 completely rejected the irresponsible and misleading allegations based on one-sided and unverified information. The right of four Special Rapporteur to deal with the law enforcement of the illegal strike activities that have dragged on for weeks in Cambodia.
Through this statement, the Cambodian Permanent Mission in Geneva affirmed that the actions taken by the Cambodian authorities were in accordance with the law and proportionate.
The Cambodian Mission also highlighted the following realities:
1. The Special Rapporteur referred to the right to strike, but did not mention the requirements that must be met before a strike can be legalized. In fact, on December 16, 2021, the Phnom Penh Municipal Court had already declared that the demonstrations were illegal. Such actions by the Special Rapporteur trample on the competent jurisdiction of the Committee on Freedom of Establishment of the International Labor Organization, which recognizes the role of independent (non-governmental) institutions in declaring the legitimacy of strikes. In addition, the reporters' comments incorrectly stated that the Ministry of Labor and Vocational Training was a party to the dispute with the protesters. In fact, the Ministry of Labor only acts as a mediator.
2: Prior to the implementation of the law, the competent authorities have strongly urged the striking employees to return to frank and peaceful negotiations and stop their illegal demonstrations that last for several weeks and threaten public order. And public safety. The allegations made by the authorities are based on strong and sufficient evidence, including the confessions of some strikers and the financial sources supporting the movement of some foreign actors, and in accordance with Articles 494 and 495 of the Cambodian Penal Code. Up with the help of experts from the West. To regard law enforcement as an oppression of rights and freedoms is an insult to the rule of law and equal treatment of all citizens guaranteed by the Constitution. Defendants have full access to trial, including the right to a lawyer to present arguments and to present acquittal, as part of their right to a due process hearing.
3. These Special Rapporteurs have never stressed that the exercise of the right to freedom of expression, association and peaceful assembly must be linked to special cases, responsibilities and restrictions set by law. As stated in the International Covenant on Civil and Political Rights. Such deliberate omissions further motivate specific groups that are ready to take advantage of the escalating situation to serve their hypocritical agenda, hiding under the banner of the right to peaceful demonstration. Illegal demonstrations and foreign-funded demonstrations that disrupt public order or cause social unrest are not constitutionally peaceful assembly practices.
4. The person representing the above human rights expert, who is not an employee of the United Nations but works in his own capacity, always feels that everything should be done based on his human rights theory. But will they be held accountable if their experiments fail? Law enforcement is necessary to protect law-abiding citizens and prevent the recurrence of Cambodia's tragic past, as well as other recent tragedies in some countries caused by the intervention of Foreigners enter internal affairs under the pretext of human rights and democracy.
The Cambodian Permanent Mission also reminded the Special Rapporteur to adhere to the "Code of Conduct for Special Procedure Holders" and to work on the basis of facts rather than distortions. The Special Rapporteur must also refrain from making irresponsible comments and making baseless allegations without citing facts and without verifying the sovereign state.
