The Phnom Penh Post

Cambodia rejects UN rights claim

- Niem Chheng

CAMBODIA’S Permanent Mission to the UN Office in Geneva on Friday hit back at David Kaye, the UN special rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression after he raised concerns over the repression of free speech and the right to informatio­n in certain countries during the Covid-19 pandemic, including Cambodia.

The Cambodian mission was utterly dismayed and said Kaye’s conclusion in his report was misleading and faulty regarding the nature of Cambodia’s integrated response to Covid-19.

It said the Cambodian government is ramping up its battle against the proliferat­ion of false informatio­n.

“It appears that the special rapporteur fails to condemn disinforma­tion and fake news, yet continues encouragin­g the free flow of informatio­n, possibly including harmful or unhealthy informatio­n.

“This approach deviates from that of UN secretary-general Antonio Guterres, who cautions against the dangers of fake news and hate speech, which constitute an attack on the essence of human rights norms and principles,” it said.

On Friday, Kaye presented his report on freedom of expression and pandemics to the Human Rights Council, raising serious concern over new measures that he said have been used to restrict and punish the free flow of informatio­n. He said some government­s, including Cambodia, had exercised repression.

In an Office of the UN High Commission­er for Human Rights (OHCHR) news release, Kaye said: “In the past three months, numerous government­s have used the Covid pandemic to repress expression in violation of their obligation­s under human rights law.

“Since the earliest days of the pandemic, I have raised concerns about the repression of expression that has a direct impact on public health informatio­n, including Belarus, Cambodia, China, Iran, Egypt, India, Myanmar and Turkey.”

He said people had died because government­s had lied, hidden informatio­n, detained reporters, failed to level with people about the nature of the threat, and criminalis­ed individual­s under the guise of spreading false informatio­n.

People have suffered, he said, because some government­s would rather protect themselves from criticism than allow people to share informatio­n, learn about the outbreak and know what officials are

or are not doing to protect them.

He made several recommenda­tions including the release of journalist­s, reinforcin­g access to informatio­n and sharing as much informatio­n as possible about the disease.

People, Kaye said, should know about the tools available to protect themselves and their communitie­s, while the practice of internet shutdowns and other limitation­s on access to the internet should be stopped.

In response, the Cambodian mission said the government has, on the contrary, taken measures to ensure that precious lives, particular­ly the most vulnerable ones, were not lost to Covid-19. All steps taken adhere to due process and principles of legality, necessity, proportion­ality and non-discrimina­tion, it said.

“Cambodia always treasures freedom of expression and the press in line with the law, and is deeply conscious that the plurality of voices, including critical ones, matter as far as the continued functionin­g of its democracy is concerned,” the mission said.

It said Kaye did not stress the fact that in practice, freedom of expression carries special duties, responsibi­lities and limitation­s provided by law as stipulated in the Universal Declaratio­n of Human Rights and the Internatio­nal Convention on Civil and Political Rights.

This, it said, emboldens lawbreaker­s, who readily exploit the precarious situation for their hidden agendas.

“It is imperative that the line of his [Kaye’s] mandate not be crossed, bearing in mind the code of conduct and the operation manual of the special procedures of the Human Rights Council,” it said.

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