A/HRC/48/28 3. Cambodia 10. On 24 August 2020, a group of some 30 activists gathered to submit a petition to OHCHR at its office in Phnom Penh. They were calling for the release of a prominent union leader and activist who had been arrested on 31 July 2020 on incitement charges over his comments on Cambodia-Vietnam border issues.7 While the group managed to successfully submit its petition to OHCHR, individuals were reportedly monitored by police officers during the process. When the group attempted to leave the OHCHR premises to go to the Japanese Embassy in Phnom Penh to submit a similar petition to the Japanese Government, the group was reportedly blocked by law enforcement officers from advancing, prompting the protesters and activists to flee the area for fear of violence. The activists reported to OHCHR that they had been monitored and harassed following the submission of their petition to OHCHR. 11. On 11 September 2020, the Spokesperson of the High Commissioner for Human Rights raised concern about the arrest of human rights defenders, including Ms. Eng Malai, who was arrested and detained after leaving the OHCHR Office in Phnom Penh on 7 September 2020 by plain-clothes officials (see also KHM 8/20208).9 She had reported the imminent threat of her arrest and detention, and was seeking support for her protection from OHCHR. As of May 2021, Ms. Malai is one of five detained Khmer Thavrak members placed in pre-trial detention for incitement charges under Articles 494 and 495 of the Criminal Code. The Spokesperson noted that the “situation marks a deepening of the Government’s intolerance to dissent and repression…mainly directed at human rights organizations, environmentalists and human rights defenders.”10 12. On 1 October 2020, at the 45th session of the Human Rights Council, Cambodian human rights defender and monk working in defense of communities affected by land grabbing and forced evictions in Cambodia, Venerable Luon Sovath, attempted to deliver an oral statement in plenary. 11 He was accredited to participate in the dialogue with the Special Rapporteur on the situation in Cambodia as part of a delegation of the World Organisation Against Torture (OMCT), an NGO with ECOSOC status, in conformity with established procedures. During his intervention, Mr. Sovath was interrupted three times by the Permanent Representative of Cambodia to the UN in Geneva, and Points of Order were raised by the representatives of the Permanent Missions of China, Cuba, the Russian Federation and Venezuela, questioning his participation in the Council, as well as his legitimacy and credibility.12 The Vice-President of the Human Rights Council, the Permanent Representative of Slovakia to the UN at Geneva, who was chairing the session, affirmed that Mr. Sovath should continue with his statement. 13. Cambodia’s third Point of Order alleged that Mr. Sovath is not a monk, and that he has been charged with rape and defamation in Cambodia, allegations reported to OHCHR as unfounded. In June 2020, fake videos and news on Facebook were used in a defamation campaign against him. Fearing imminent arrest, he left the country, and his case has been raised by special procedures.13 14. On 18 August 2021, the Government responded to the note verbale sent in connection to the present report, noting that the arrest and detention of Ms. Eng Malai and a group of purported activists, who had assembled to file the petition to OHCHR in Cambodia, are in full adherence to the existing applicable procedures and rules with the aim of maintaining and guaranteeing social security and public order. The Government provided information on the investigation and charges pertaining to multiple activists involved in the protests and 7 8 9 10 11 12 13 https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26505&LangID=E. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35930. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26223&LangID=E. Ibid. Human Rights in Cambodia, 31st Meeting, 45th Regular session Human Rights Council, at https://media.un.org/en/asset/k1c/k1ccl96tdz (time stamp 00:58:10). Ibid. https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26505&LangID=E. 23