Right Livelihood’s advocacy team delivered a statement at the 56th session of the UN Human Rights Council in Geneva calling for Member States to stop retaliating against environmental defenders. The statement highlighted the struggles of Right Livelihood Laureates from Cambodia, Kenya and Nicaragua, where activists leading the fight against climate change face unlawful arrests, armed attacks and police violence, among other forms of oppression, for their peaceful activities.
Right Livelihood Laureates from Cambodia, Nicaragua and Kenya who are leading the fight against climate change are being attacked by their governments, a concerning trend Right Livelihood says the Council has a responsibility to reverse.
Addressing the Special Rapporteur on the protection and promotion of human rights in the context of climate change, Right Livelihood asked, “How can the Council better address reprisals against environmental defenders playing a key role in the fight against climate change?”
Similarly, in Kenya, Laureate Phyllis Omido and her organisation the Center for Justice Governance and Environmental Action have been targeted by the government for organising against business interests that jeopardise the environment.
In May, Omido and local community leaders came under threat when police brutalised protestors for opposing a nuclear project in a biodiverse area between the Watamu National Marine Park and the Arabuko Sokoke Forest. Police fired 137 live rounds and 70 tear gas canisters.
“Investigations into such crimes are rare, and those speaking out face severe reprisals,” we told the Council.
Wefinished our statement by highlighting the situation in Nicaragua, where Indigenous communities protecting their land are attacked, forcefully displaced and killed by illegal settlers involved in mining and cattle trading.
Cambodia has jailed 10 environmental activists who had sounded the alarm on river pollution for plotting against the government – a case critics have decried as politically motivated. Members of the group Mother Nature were charged in 2021 after they documented waste run-off into Phnom Penh’s Tonle Sap river, near the royal palace. [see: https://www.trueheroesfilms.org/thedigest/laureates/d41428d8-4b96-4370-975e-f11b36778f51]
Three of them, including Spanish co-founder Alejandro Gonzalez-Davidson, who were also convicted of insulting the king, were sentenced to eight years’ jail and fined $2,500 (£1,980). The seven others were handed six-year terms. Prosecutors have never explained how the activists had violated the law against insulting the king or conspiring against the government.
Since its founding in 2013, Mother Nature has campaigned against environmentally destructive projects and raised questions on how natural resources are managed in the South East Asian country. They document their findings in playful and informative videos that they post on Facebook, where they have 457,000 followers.
Environmental groups have long accused Cambodia’s leaders of profiting from the country’s natural resources. The government denies this and says Mother Nature is encouraging social unrest. Gonzalez-Davidson, who was earlier banned from entering Cambodia, called the verdict a “disastrous decision by the Hun family regime”.
Opposition political parties were dismantled, independent media outlets were shut and dozens of activists were jailed under the decades-long rule of former prime minister Hun Sen, who stepped down last year to pave the way for his son, Hun Manet, to assume leadership.
Under Hun Manet, Mother Nature activists have continued to criticise what they describe as an unequal enforcement of laws in favour of companies and the wealthy elite.
Four of the convicted activists attended the hearings and were immediately arrested following the verdict. Representatives of local NGO the Cambodian League for the Promotion and Defence of Human Rights (Licadho) who were present outside the Phnom Penh court said the arrests were violent, with “at least two of [them] dragged by their necks”. Arrest warrants have been issued for the six others, including Gonzalez-Davidson.
Earlier in the day, dozens of Mother Nature supporters marched towards the court where the activists were due to receive the verdict. Dressed in white – the traditional colour of mourning in the country – some of the supporters held up hand-written posters that read “We need freedom” and “We need rights”. Others held white flowers.
The verdict “sends an appalling message to Cambodia’s youth that the government will side with special interests over the environment every chance it gets,” said Human Rights Watch’s deputy Asia director Bryony Lau.
“It is astounding to criminalise activities of youths who are advocating for clean water in Phnom Penh, protecting mangrove forests in Koh Kong and warning against the privatisation of land in protected areas and characterising it as an attack against the state,” said Licadho’s outreach director Naly Pilorge.
Several of those convicted today had already served jail terms in the past. One of them, Long Kunthea, told BBC in an interview last year that she is willing to take on the risks of her activism to “for positive change”.
On 9 January 2024, Global Voices postedan interview with labour rights defender Prak Pheaktra. [This article by Klaing Kimhuoy was originally published by Prachatai, an independent news site in Thailand. An edited version has been republished by Global Voices under a partner content-sharing agreement.]
Despite threats from the Cambodian government, who claim he is damaging the country’s image, 39-year-old Prak Pheaktra, a Cambodian migrant worker-turned-advocate, is striving to help other Cambodian workers facing unfair treatment from their employers.
In 2000, Pheaktra, who is from Pusat province, came to Thailand to find work. His family was facing financial difficulties after the death of his mother, and his father could no longer afford to send him to school. Chasing the promise of better pay and less strenuous work, he decided to come to Thailand.
Pheaktra started out working as a construction worker in Don Mueang province, but he later faced exploitation and abuse from his employer. Once, his employer withheld wages and threatened legal action against him. Having experienced first-hand the unfair treatment and exploitation of migrant workers in Thailand, he became an advocate so he could help other workers get fair treatment in the workplace.
Pheaktra’s dedication led him to become a Khmer-Thai interpreter for the Ministry of Labour of Thailand in from 2018–2019, where he began studying Thai law. After completing his ministry contract, he joined the Labor Rights Promotion Network (LPN) in 2019–2020 as a Complaints Receiving Officer.
Having worked with both government and civil society, he is now working as an independent advocate for migrant workers. He offers assistance to workers dealing with wage issues, pressure from employers, sexual harassment, and other threats — all pro bono. He also uses social media to educate workers on how to legally live and work in Thailand and warn them of exploitation by brokers. He works with NGOs as part of research projects, including one on child exploitation in Phuket and another on labour abuses faced by fishing boat workers.
However, his advocacy has attracted criticism and threats, including from Cambodian officials, who claim he could damage the Cambodian government’s public image. Last February 2023, when he assisted 10 Cambodian workers in Samut Prakan whose employer wasn’t paying them, he faced some questions from the chief of the Labour Attaché Office at the Cambodian Embassy. When he was in Rayong working on another case, he was asked if he knew that what he was doing could affect the public image of the Cambodian government and was threatened with having his passport revoked.
The chief of the Labour Attaché Office threatened to revoke my passport if I continued to engage in activities that negatively impact the public image of the Cambodian government. I said, you can block my passport if you think what I am doing is really wrong. I’m not afraid.
He has also faced threats from Thai officials, who he observed can be biased in favour of employers and accuse him of putting excessive trust in the workers. He gave an example of a particular case he worked on where an inaccurate resolution led to a worker being unfairly blamed.
He suggested the need for greater accuracy within the Ministry of Labour’s processes and expressed frustration at being accused of trusting workers too much. He’s urging a more balanced approach to better serve the rights and interests of migrant workers.
Despite the threats he faces, Phaektra persists. “I love what I’m doing right now, and I will continue to help Cambodian workers no matter what,” he said.
Those who have worked with Phaektra described him as kind and dedicated. Prum Somnang, a Cambodian worker at a plastic bag factory, was assisted by Phaektra after being abruptly dismissed by her Thai employer, citing lack of work. Somnang had worked there for ten years and was laid off along with 40 other workers. Her employer wanted to sue her, she said, because she started a protest against the layoff. At the same time, her visa was expiring in seven days, and she needed to find a new job within the week. Her friend advised her to seek help from Pheatra.
“He’s very kind. He helped me get money back from the employer and even assisted me in finding a new job before my visa expired,” Somnang said…
Pheaktra said that one key concern about the lives of migrant workers in Thailand is the risk of falling victim to scams orchestrated by middlemen or company representatives when filing documents. Pheaktra emphasized the need for workers to take charge of their documentation to prevent such scams.
Looking ahead, Pheaktra expressed a commitment to continue social work aimed at assisting migrant workers. Despite the presence of numerous NGOs and institutions offering help, some workers hesitate to seek assistance directly due to concerns about influential individuals associated with these organizations. Pheaktra sees himself as an advocate for migrant workers, standing by their side and addressing their problems.
Currently living in exile in Switzerland, Luon Sovath finds himself in urgent need of financial support to cover his mounting medical bills.
Venerable Luon Sovath, a Buddhist monk since the age of 9, documented land grabs of vulnerable villages by big businesses in Cambodia before joining the movement for democracy, freedom, and governmental accountability in his country. His documentation work won him international recognition, including the Martin Ennals Award for Human rights defenders in 2012.
However, the journey towards justice has taken its toll on Luon Sovath, both physically and emotionally. He was forced to leave Cambodia in 2020 to escape government persecution. Currently living in exile in Switzerland, he finds himself in urgent need of financial support to cover his mounting medical bills. A recent dental procedure left him with a large invoice of 2,000.00 CHF, a burden that he cannot shoulder alone.
Luon Sovath has saved 900.00 CHF towards his medical expenses. However, he still requires further support to bridge the remaining financial gap and ensure that he receives the necessary healthcare to regain his strength.
Luon Sovath’s advocacy empowered marginalized communities and shed light on the injustices they face. His commitment to non-violence and his use of mediums such as videos, poems, and songs inspired thousands of other Cambodians to join the movement for democracy. Luon Sovath’s struggle is not only his own but a collective fight for justice and dignity.
On 21stJune 2023, The Martin Ennals Foundation decided to step in and organised this fundraiser for him.
If each of us makes a small contribution, we can help alleviate the burden of his medical bills and enable him to continue his crucial work in defending the rights of those who have been silenced. Together, we can make a difference in the life of this remarkable individual who has given so much to others.
Give CHF20 and be a founding donor
Your donation is the start of Martin Ennals Foundation’s journey to success. Your early support inspires others to donate.
On 26 May 2023 The Asian Forum for Human Rights and Development (FORUM-ASIA) called for quashing the convictions of NagaWorld union leader Chhim Sithar alongside eight members of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU).
FORUM-ASIA strongly condemns the verdict given on 25 May 2023 by a Phnom Penh municipal court. The trade unionists were convicted of ‘incitement to commit a felony or disturb social security’ under Criminal Code Articles 494 and 495.
Sithar was sentenced to two years in prison. Meanwhile, the other union members were sentenced to one to one and a half years in prison and received suspended sentences or judicial supervision.
‘We urge the court to overturn the verdict as Cambodian authorities are abusing the criminal justice system by targeting union leaders and other labour rights advocates. We call on the Cambodian Government to immediately release Sithar. This is the umpteenth unfair decision that exemplifies the government’s contempt for democratic principles as well as Hun Sen’s attempts to silence critical voices months before the national elections,’ said Mary Aileen D. Bacalso, Executive Director of FORUM-ASIA.
Alongside other union members, Sithar was first arrested in January 2022 and held in pre-trial detention for two months after being charged with incitement to commit a crime for leading a peaceful strike demanding higher wages for workers and the reinstatement of hundreds of union members who believe they were unjustly fired in December 2021. After being released on bail, Sithar was once again detained in November 2022 for allegedly violating her bail by travelling abroad to join a trade union conference without court approval.
The trial against Sithar and her eight co-defendants–Chhim Sokhorn, Hay Sopheap, Kleang Soben, Ry Sovandy, Sok Kongkea, Sok Narith, Sun Sreypich, and Touch Sereymeas–began in January 2023. During the trial, Sithar stated that the LRSU has followed all legal protocols for their protest against mass layoffs and alleged union-busting, only launching the strike after all viable mediation efforts were exhausted. Meanwhile, prosecutors claimed that Sithar and LRSU members are guilty of leading a strike for more than a year even after authorities have declared the strike to be illegal.
Nevertheless, in February 2023, Sithar won the prestigious Human Rights Defenders Award– from the US Department of State–for her exceptional courage and leadership in advocating for the promotion and protection of universally recognised human rights and fundamental freedoms.
The Cambodian authorities should quash the baseless criminal convictions of four members and one former member of the Cambodian Human Rights and Development Association (ADHOC), Human Rights Watch said on 22 June 2022. On June 21, 2022, four of the defendants, Yi Soksan, Lim Mony, Ny Sokha, and Ny Chakrya appealed a May 23 appeals court ruling upholding their convictions to the Cambodian Supreme Court.
“From the very beginning, the Cambodian authorities have sought to unjustly punish the ADHOC 5 as a way to intimidate all civil society activists from criticizing Prime Minister Hun Sen’s government,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Foreign governments, the United Nations country team, and international donor agencies should urge the authorities to drop these cases and end all repression of human rights defenders.” See also: https://humanrightsdefenders.blog/2017/03/11/even-landmark-un-decision-does-not-change-cambodias-treatment-of-human-rights-defenders/
In April 2016 the government’s Anti-Corruption Unit arrested ADHOC members Ny Sokha, Nay Vanda, Yi Soksan, and Lim Mony, along with the former ADHOC member Ny Chakrya, who was then deputy secretary-general of the National Election Committee, and accused them of making false statements regarding a criminal case against the then-opposition leader Kem Sokha.
The five activists spent 14 months in pretrial detention. During their criminal trial, the prosecution failed to present any of the witnesses mentioned in the case or provide any credible evidence to substantiate the charges.
On September 26, 2018, the Phnom Penh municipal court convicted Vanda, Sokha, Soksan, and Mony of “bribery of a witness” (article 548 of Cambodia’s criminal code) and Chakrya of being an accomplice (articles 28 and 548). All five received suspended five-year prison terms, minus 14 months of time served.
On October 24, 2018, the defendants appealed the guilty verdicts to the Court of Appeal. The prosecutor’s office also filed an appeal, seeking to have the defendants serve the remainder of their suspended sentence in prison. The Court of Appeal denied both appeals on May 23, 2022.
The ADHOC 5 case arose during a broader government crackdown on civil society and the political opposition, specifically on the Cambodia National Rescue Party (CNRP), which the government-dominated Supreme Court later dissolved in a politically motivated ruling.
The former CNRP leader, Kem Sokha, continues to face unsubstantiated, politically motivated treason charges brought in September 2017. While he is no longer detained, his trial only recommenced in January, after being suspended for two years ostensibly because of the Covid-19 pandemic and the government deemed his case to not be a “priority”. The allegations against Sokha are based on the government’s groundless claim that the CNRP fomented a “color revolution” to overthrow the government.
Human Rights Watch has documented the situations of more than 50 current political prisoners in Cambodia, including both those in pretrial detention and those serving prison sentences following politically motivated convictions. They include political opposition members, human rights defenders, land and environmental rights activists, and journalists.
“The Cambodian authorities should recognize that every day the ADHOC 5 case persists, the greater this travesty of justice inflicts harm to the government’s reputation,” Robertson said. “The only way for justice to be served is for the prosecutor to quash the convictions and provide the defendants with an appropriate remedy for the years of hardship the case caused them.”
“I chose to be a human rights defender by, hopefully, protecting those who don’t know where to find a solution when there are human rights abuses happening to them.”
Soun Yuthyia is the advocacy director for The Cambodian Centre for Human Rights, an organisation that seeks to protect and promote respect for human rights throughout Cambodia. He shares his vision for the future of Cambodia and how his work has positively impacted the people of Cambodia.
Yuthyia also shares his experience with HRDAP and the ISHR Academy in the below video:
When the United Nations High Commissioner for Refugees (UNHCR), feels the need to speak out publicly – as it did on 22 November 2021 – it must be serious: It said that it deplored Thailand’s deportation of a Cambodian refugee, which occurred only ten days after the authorities deported two other Cambodian refugees. This action contravenes the principle of non-refoulement, which obliges States – including Thailand – not to expel or return people to a territory where their life or freedom would be threatened.
On 19 November, the Cambodian refugee was arrested. UNHCR immediately notified the authorities of the individual’s refugee status and urged the Government not to return the individual to Cambodia over serious concerns for the safety of the refugee. The refugee was held in a detention centre in Aranyaprathet overnight and deported to Cambodia the following day, on 20 November.
“We are extremely alarmed by this trend of forcibly returning refugees to Cambodia, where they face a serious risk of persecution. Given recent developments, we are very concerned about the safety of UNHCR recognised Cambodian refugees in Thailand,” said Gillian Triggs, UNHCR’s Assistant High Commissioner for Protection.
“We urge the Royal Thai Government to refrain from deporting recognized refugees and to abide by its international obligations, particularly the principle of non-refoulement. UNHCR continues to offer its full support to the Government in ensuring the protection of those in need in Thailand,” she added.
UNHCR is seeking urgent clarification from the Thai authorities regarding the circumstances leading to this most recent deportation and the fate of those returned in Cambodia. UNHCR exhorts Cambodian authorities to uphold international human rights standards and to allow human rights organisations access to the deportees.
The Cambodian government should immediately drop baseless conspiracy and “insulting the king” charges against four environmental activists affiliated with the Mother Nature Cambodia environmental group and release the three in pretrial detention, Human Rights Watch said today.
On June 16, 2021, the police arrested Sun Ratha, 26, Ly Chandaravuth, 22, and Seth Chhivlimeng, 25, in Phnom Penh, and Yim Leanghy, 32, in Kandal province, apparently for their documentation that raw sewage has entered the Tonle Sap River near the Royal Palace. On June 20, the court charged Ratha and Leanghy with “conspiracy” and lese majeste (“insulting the king”) under articles 453 and 437 bis of Cambodia’s penal code, and Chandaravuth with “conspiracy.” If convicted, they face between 5 and 10 years in prison, and fines of up to 10 million riels (US$2,500). The authorities also charged in absentia aSpanish national, Alejandro Gonzalez-Davidson, the founder of Mother Nature Cambodia, who had been deported in 2015. Chhivlimeng was released without charge.
“The Cambodian government has stepped up its campaign to silence activists peacefully advocating to protect the environment,” said Phil Robertson, deputy Asia director. “Foreign governments, the United Nations country team, and international donors should call on the Cambodian authorities to drop their absurd charges against the environmental activists and publicly condemn any further clampdown on peaceful activism.”
An Interior Ministry spokesperson alleged that the authorities had proof that “rebellious” Mother Nature Cambodia had used foreign funding to try to topple the government, but did not make any evidence public.
This case followed earlier harassment of five Mother Nature Cambodia activists. On May 5, the Phnom Penh court convicted three environmental activists – Long Kunthea, 22, Phuon Keoraksmey, 19, and Thun Ratha, 29 – of “incitement to commit a felony or disturb social order,” articles 494 and 495 of Cambodia’s penal code. The judge sentenced them to between 18 and 20 months in prison as well as a fine of 4 million riels ($1,000) for their peaceful activism protesting the authorities’ filling-in Phnom Penh’s Boeung Tamok lake.
Amid the Covid-19 pandemic, the Cambodian authorities have stepped up their crackdown on youth and environmental activists engaged in peaceful activism and protest. The government has often used draconian new laws to arrest and prosecute activists in an apparent attempt to silence their voices and shut down their activism.
In March 2020 and early 2021, the authorities arrested environmental activists affiliated with the Prey Lang Community Network along with a prominent environmentalist and lawyer, Ouch Leng, to stop their efforts to document illegal logging and deforestation within the Prey Lang forest.
Human Rights Watch has documented cases of nearly 70 current political prisoners, including members of the political opposition, youth and environmental activists, trade union leaders, and journalists who are awaiting trial or are serving prison sentences. Many other activists have fled Cambodia to seek refuge abroad.
“Cambodia’s highly politicized courts mean that the environmental activists charged have no chance of getting a fair trial,” Robertson said. “Only international pressure on the Cambodian government holds out the possibility of saving these activists from unjust prison sentences.”
Hans Thoolen on Human Rights Defenders and their awards 