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Cambodia

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views, but there were multiple reports of lack of cooperation and, in some cases, intimidation by government officials, including the cases against ADHOC (see section 1.e.).

Domestic and international human rights organizations faced threats and harassment from local officials and individuals with ties to the government. These took the form of restrictions on and disruptions of gatherings sponsored by NGOs, verbal intimidation, threats of legal action, and bureaucratic obstruction justified by provisions in the LANGO.

Approximately 25 human rights NGOs operated in the country, and a further 100 NGOs focused on human rights as part of their work in other areas, but only a few actively organized training programs or investigated abuses.

The United Nations or Other International Bodies: The government generally cooperated with international bodies and permitted visits by UN representatives. Rhona Smith, the UN special rapporteur on human rights in the country, conducted an official visit in March to examine the situation of disadvantaged and marginalized groups, such as women, indigenous peoples, and victims of racial and ethnic discrimination. Smith paid a follow-up visit to Phnom Penh in October. Officials often cited “administrative reasons” to explain reluctance by government officials to meet with her. The government regularly chastised UN representatives publicly for their remarks on a variety of human rights problems.

Government Human Rights Bodies: The government had three human rights bodies: two separate Committees for the Protection of Human Rights and Reception of Complaints, one under the Senate and another under the National Assembly; and the Cambodian Human Rights Committee, which reported to the prime minister’s cabinet. The committees did not hold regular meetings or conduct transparent operations. The Cambodian Human Rights Committee submitted government reports for participation in international human rights review processes, such as the Universal Periodic Review, and issued responses to reports by international organizations and government bodies, but it did not conduct independent human rights investigations. Credible human rights NGOs considered the government committees to have limited efficacy.

The government hosted the hybrid ECCC to try Khmer Rouge leaders and those most responsible for the abuses of the Khmer Rouge period. Some observers believed public comments by government leaders on matters related to the ECCC’s jurisdictional mandate constituted a form of political interference, but there was no evidence these comments inhibited the work of the court. At the end of 2015, the court began hearings related to later crimes of the Khmer Rouge regime, including allegations of genocide of the Cham minority, forced marriages, rapes, internal purges, and charges arising out of crimes committed at certain security centers and worksites.

China (includes Tibet, Hong Kong, and Macau)

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

The government sought to maintain control over civil society groups, halt the emergence of independent NGOs, and hinder the activities of civil society and rights’ activist groups. The government harassed independent domestic NGOs and did not permit them to openly monitor or comment on human rights conditions. The government made statements expressing suspicion of independent organizations and closely scrutinized NGOs with financial and other links overseas. The government took significant steps during the year to bring all domestic NGOs under its direct regulatory control, thereby curtailing the space for independent NGOs to exist. Most large NGOs were quasi-governmental, and government agencies had to sponsor all official NGOs.

The United Nations or Other International Bodies: In August the UN special rapporteur on extreme poverty and human rights, Philip Alston, visited the country. Alston said that the government restricted his activities and that security agents followed him throughout his visit. Many of his meeting requests were declined, and although he submitted a list of academics he wanted to meet prior to his visit, he was told that many of them had been advised they should be on vacation during his visit. Security agents detained one person en route to a meeting with Alston. Alston’s request to visit was first made in 2005, according to the UN Office of the Human Rights Commissioner. A dozen other requests for visits to the country by UN experts remained outstanding.

The government remained reluctant to accept criticism of its human rights record by other nations or international organizations. It criticized reports by international human rights monitoring groups, claiming that such reports were inaccurate and interfered in the country’s internal affairs.

Government Human Rights Bodies: The government maintained that each country’s economic, social, cultural, and historical conditions determined its approach to human rights. The government claimed that its treatment of suspects, considered to be victims of human rights abuses by the international community, was in accordance with national law. The government did not have a human rights ombudsman or commission.

China (includes Tibet, Hong Kong, and Macau) – Hong Kong

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views. Prominent human rights activists critical of the central government also operated freely and maintained permanent resident status in the SAR.

Government Human Rights Bodies: There is an Office of the Ombudsman and an Equal Opportunities Commission (EOC). The government recruits commissioners to represent both offices through a professional search committee, which solicits applications and vets candidates. Commissioners were independent in their operations. Both organizations operated without interference from the government and published critical findings in their areas of responsibility. In January the EOC, under the supervision of Commissioner Dr. York Chow, published a list of 77 recommendations for how to update the SAR’s existing antidiscrimination legislation to better protect Hong Kong’s lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals, improve access to public and commercial buildings for persons with disabilities, and other issues within the EOC’s responsibility. In March, Lingnan University professor Alfred Chan replaced Chow as EOC Commissioner; Chan continues to serve the EOC as an advocate for LGBTI rights, the ethnic minority community, and persons with disabilities.

China (includes Tibet, Hong Kong, and Macau) – Macau

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international groups monitoring human rights generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

China (includes Tibet, Hong Kong, and Macau) – Tibet

Thailand

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A wide variety of domestic and international human rights organizations operated in the country. NCPO orders affected NGO operations, including prohibitions on political gatherings and activities as well as media restrictions. NGOs that dealt with sensitive political matters, such as opposition to government-sponsored development projects or border problems, faced periodic harassment.

On September 28, police and Ministry of Labor officials effectively shut down a public event by Amnesty International to roll out a report, Make Him Speak by Tomorrow, documenting allegations of torture and mistreatment by security forces throughout the country. Police and labor officials threatened foreign panelists scheduled to speak at the event with arrest for participating in the event without a work permit. Media and human rights groups condemned the action to shut down the event, arguing that hundreds of foreign persons without work permits regularly participated in nonpolitical events and public seminars without incident.

Human rights workers focusing on violence in the southernmost provinces were particularly vulnerable to harassment and intimidation by government agents and insurgent groups. The government accorded very few NGOs tax-exempt status, which sometimes hampered their ability to secure funding.

The United Nations or Other International Bodies: The government postponed the scheduled visit by the UN special rapporteur on torture and other inhuman treatment. According to UN reports, there were no developments regarding official visits previously requested by the UN working group on disappearances; by the UN special rapporteur on the freedoms of expression, assembly, and association; or by the UN special rapporteur on the situations of human rights defenders, migrants, and internally displaced persons. According to the United Nations, the government has not accepted a visit from any expert within the UN special procedures mechanism since 2013. As of September, 18 visit requests from UN special procedures were pending.

Government Human Rights Bodies: The independent NHRCT exists with the mission to protect human rights and to produce an annual country report. The commission received 617 petitions in the first eight months of the year, compared with 472 in 2015. Of these complaints, 69 related to alleged abuses by police, a sharp increase from the previous year. Statistics regarding completed investigations were unavailable. Civil society leaders rated the NHRCT’s performance as moderately better than in previous years, citing constructive NHRCT involvement in working with civil society and the government in conjunction with the UN’s universal periodic review process. Human rights groups continued to criticize the commission for not filing lawsuits against human rights violators on its own behalf or on behalf of complainants.

The Office of the Ombudsman is an independent agency empowered to consider and investigate complaints filed by any citizen. Following an investigation the office may refer a case to a court for further review or provide recommendations for further action to the appropriate agency. The office examines all petitions, but it may not compel agencies to comply with its recommendations. Through September the office received 2,761 new petitions of which 565 related to allegations of police abuses.

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