Legal framework on freedom of religion and actual application
Cambodia is a constitutional monarchy located in the heart of the Indochinese Peninsula. Its constitution, adopted on 21st September 1993,[1] guarantees the right to religious freedom. Under Article 43, “Khmer [Cambodian] citizens of either sex shall have the right to freedom of belief. Freedom of religious belief and worship shall be guaranteed by the State on the condition that such freedom does not affect other religious beliefs or violate public order and security.”[2]
Cambodia is predominantly Buddhist. Most people practise Theravada Buddhism, a religion that occupies a central and dominant place in the life of the nation. This is recognised in the constitution. Article 43 stipulates that “Buddhism shall be the religion of the State.”[3] The basic charter of the Kingdom of Cambodia further specifies that the State supports the teaching of Buddhism (Article 68). However, it also prohibits discrimination based on religious affiliation. Article 31 of the constitution lays down the principle of equality: “Khmer citizens shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, color, sex, language, religious belief, political tendency, birth, origin, social status, wealth or other status.”[4]
Religious groups are not permitted to openly criticise other religious groups, although this policy is not enforced. They are also not allowed to engage in political activities of any sort.[5]
Religious groups must register with the Ministry of Cults and Religions (MCR) and submit information about the goals of their organisation. They must also submit an annual report on their activities, although there are no penalties for failure to register, except that they cannot apply for tax exemptions from the Ministry of Economy and Finance. Places of worship and religious schools must be registered separately, although this, too, is not enforced.[6]
Non-Buddhist religious instruction is prohibited in state schools but is allowed in private institutions. Non-Buddhist students in state schools may opt out of Buddhist religious instruction since it is not part of the core curriculum.[7]
Non-Buddhist groups may not proselytise in public, but may distribute non-Buddhist religious literature within their respective religious institutions.[8]
Despite these constitutional and legislative provisions, Cambodians generally enjoy a significant degree of religious freedom. This contrasts with the state of other fundamental freedoms and rights, which have been limited by the country’s former Prime Minister, Hun Sen, whose authoritarian regime passed harsh legislation, such as the Sub-Decree on the Establishment of the National Internet Gateway, in February 2021, which allows the government to interfere with all Internet-related activities and block connections.[9] In March 2021, the government passed the Law on Measures to Prevent the Spread of COVID-19 and other Severe, Dangerous, and Contagious Diseases, which imposes prison sentences of up to 20 years for violators.[10]
The government is promoting a cybercrime bill that would severely limit freedom of speech and increase the pressure on groups and individuals that challenge it.[11] The government expects to enact the law by the end of 2024. The law would allow it to collect and record Internet traffic data. Experts fear that the law could be used to crack down on the opposition and imprison dissenters.[12]
Buddhism, as practised in Cambodia, sometimes contains elements of folk religion and rituals that involve supernatural forces. For those found guilty of practising black magic or witchcraft, the government has a zero-tolerance policy and metes out harsh punishment in the form of harassment, beatings, eviction, and even killings.[13]
Cambodia is a party to the International Covenant on Civil and Political Rights (ICCPR).[14]
Incidents and developments
The strengthening of Cambodian–Chinese ties has become a cause of concern, especially after January 2022, when Cambodia assumed leadership of the Association of Southeast Asian Nations (ASEAN) for a one-year term. There are fears that the deepening Cambodian–Chinese relationship encourages a rise in human rights abuses and the enactment of strict discriminatory legislation.[15]
In August 2023, Hun Manet, a four-star general in Cambodia’s army and the eldest son of Prime Minister Hun Sen, replaced his father as head of government. In April 2024, Hun Sen was elected president of the Senate. This position allows him to sign bills into law in the absence of King Norodom Sihamon.[16]
On 27th January 2023, Prime Minister Hun Sen marked a century of Christianity in Cambodia stating that “many countries around the world” appreciate the religious harmony in Cambodia initiated by the “right policy” of his government. He urged the clergy not to force people to change beliefs. Pressing for interreligious harmony, Hun Sen called on Christians from different denominations to be united among themselves and with other religions.[17]
In December 2023, the new prime minister, Hun Manet, urged the MCR to investigate “inappropriate religious acts” by certain Christians, Buddhists and Muslims.[18] He insisted that if anyone were found guilty of inappropriate or exploitative acts the government would intervene because it “has a responsibility to safeguard religious and social values”.[19]
In the same speech, the prime minister instructed the MCR to take measures if its review of social media posts or public promotions of events revealed that believers or religious groups were “enticing or engaging in other activities” that might be construed as questionable.[20]
The Cambodian-American lawyer Theary Seng, a Christian activist and Bible editor, was hospitalised in April 2024 after she staged a hunger strike to protest against the imprisonment of 60 dissidents. Seng is serving a six-year sentence having been found guilty of treason in June 2022.[21] In May 2024, following the arrest of some environmental activists, Special Rapporteurs from the UN High Commission for Human Rights warned that the use of the law to criminalise freedom of expression, peaceful assembly, and association was incompatible with Cambodia's obligations under international law, in particular the 1966 International Covenant on Civil and Political Rights to which the country is a signatory.[22]
In July 2024, religious leaders at a pagoda in western Cambodia expelled a Buddhist monk, Saing Rithing, for participating in a protest march to mark the anniversary of the shooting of Kem Ley, a prominent political commentator and government critic.[23]
In October 2024, Noun Toeun, a Cambodian woman who had worked as a maid in Malaysia for several years, was deported to her homeland and arrested for criticising the government on social media. Upon her arrival in Prey Sar prison, a spokesperson for the prison department said that Toeun was charged with incitement to commit a felony and cause social disorder by discriminating on the basis of race, religion and nationality. Yet the spokesperson was unable to provide details of her alleged crimes. If convicted, Touen faces five years in prison and a fine.[24]
The MCR has been preparing a Law on Religion for some years, ostensibly to promote morality and spirituality.[25] An early draft (13 chapters and 54 articles) was leaked in 2021 and example texts include: “Buddhist monks who intentionally take part in political protests, strikes, riots or organised activity against any political party will be sentenced to a prison term of seven to 15 years, not including other applicable punishments as stated in the Criminal Code.”[26] At the time, MCR spokesman Seng Somony said that the contents of the leak “were drafts only and would likely undergo further changes before the law is passed in the legislature.”[27]
Elder and abbot of a pagoda in Pursat province Sem Moeung, stated that “Buddhism was the state religion and that all religions present in Cambodia were under the control of relevant authorities”. [28] Sem Moeung further supported the “enactment of laws related to religion as a basis to punish those who abuse religion” however expressed concern to the impact on human rights stating: “If the government enacts a law, it will encourage people to behave appropriately or be punished, so if they are involved in religious activities, they will be very careful and considerate, but I am also worried about the effect on the rights and freedoms of people.”[29]
As of 2024, the Law on Religion has not been finalised, but a recent media report suggests that it would include a video on “teaching morals, disseminating information and training the roles and responsibilities of priests, abbots, and pagoda committees”.[30]
Prospects for freedom of religion
Overall, Cambodia enjoys a significant degree of religious freedom and interreligious harmony. Notwithstanding concerns about the draft Law on Religion, recent developments, such as the state commemoration in early 2023 of a century of Christianity in the country, which was attended by then-Prime Minister Hun Sen, are grounds for cautious optimism.
Despite these important signs and the fact that Prime Minister Hun Manet’s government appears stable and focused on economic development, there are allegations by human rights groups that civil liberties, particularly for members of opposition parties, have deteriorated.[31] Coupled with this is the wider geopolitical concern of a deepening of ties both military and economic between China and Cambodia, and the potential of this on human rights including religious freedom.[32]
Sources
Cambodia