Paris Peace Accords 23 Oct. 1991

Wednesday, January 22, 2014

The Law on Peaceful Assembly in Cambodia



Specifically, with regards to the march to commemorate the 10th anniversary of Chea Vichea's death planned for 22 January 2014: the Free Trade Union as a matter of courtesy informed the Municipality of Phnom Penh about its plan to conduct a peaceful march in remembrance of Chea Vichea, the FTUWKC's slain union leader.  

As this is a march of remembrance and not a protest to make a public demand, the Free Trade Union is under no legal obligation to make a written notification to the authority (see the 3rd column, highlighted below, of "Basic Procedural Requirements", above).


But it should be also noted, in general, the caretaker government's suspension of the fundamental right to peaceful assembly is prima facie unconstitutional as it does not pass the basic principle of proportionality in its interpretation of the Constitution, the supreme law of the land. 

According to the UN Office of High Commissioner for Human Rights emphasizing the provision of the International Covenant on Civil and Political Rights, the general rule is that "any restriction placed on such freedom shall be prohibited, unless it is provided by law, subjected to a strict test of necessity," which simply means it cannot violate the proportionality principle, inter alia.

Here, I am reminded of Dr. Martin Luther King, Jr.: "There are some instances when a law is just on its face and unjust in its application." (See his Letter from Birmingham Jail.)

____________________________
Theary C. Seng, Juris Doctor
Senior adviser to Free Trade Union
President of CIVICUS Cambodia
Phnom Penh, 21 Jan. 2014

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