Comment: After the screen shot of John Lowrie has become viral through social media, the resolution of IPU has come to place. And the vice-chair of Cambodia parliament, Ms. Khoun Sodary, has come out to apologize the public on her misleading communication. This is an anatomy of how incompetent, manipulating, and flip-flop behaviour of Cambodian powerful politicians.
KHM27 – Chan Cheng KHM76 – Ky Wandara KHM48 – Mu Sochua (Ms.) KHM77 – Lath Littay KHM49 – Keo Phirum KHM78 – Lim Bun Sidareth KHM50 – Ho Van KHM79 – Lim Kimya KHM51 – Long Ry KHM80 – Long Botta KHM52 – Nut Romdoul KHM81 – Ly Srey Vyna (Ms.) KHM53 – Men Sothavarin KHM82 – Mao Monyvann KHM54 – Real Khemarin KHM83 – Ngim Nheng KHM55 – Sok Hour Hong KHM84 – Ngor Kim Cheang KHM56 – Kong Sophea KHM85 – Ou Chanrath KHM57 – Nhay Chamroeun KHM86 – Ou Chanrith KHM58 – Sam Rainsy KHM87 – Pin Ratana KHM59 – Um Sam Am KHM88 – Pol Hom KHM60 – Kem Sokha KHM89 – Pot Poeu (Ms.) KHM61 – Thak Lany (Ms.) KHM90 – Sok Umsea KHM62 – Chea Poch KHM91 – Son Chhay KHM63 – Cheam Channy KHM92 – Suon Rida KHM64 – Chiv Cata KHM93 – Te Chanmony (Ms.) KHM65 – Dam Sithik KHM94 – Tioulong Saumura (Ms.) KHM66 – Dang Chamreun KHM95 – Tok Vanchan KHM67 – Eng Chhai Eang KHM96 – Tuon Yokda KHM68 – Heng Danaro KHM97 – Tuot Khoert KHM69 – Ke Sovannroth (Ms.) KHM98 – Uch Serey Yuth KHM70 – Ken Sam Pumsen KHM99 – Vann Narith KHM71 – Keo Sambath KHM100 – Yem Ponhearith KHM72 – Khy Vanndeth KHM101 – Yim Sovann KHM73 – Kimsour Phirith KHM102 – Yun Tharo KHM74 – Kong Bora KHM103 – Tep Sothy (Ms.)
Alleged human rights violations: Violation of freedom of opinion and expression Violation of freedom of assembly and association Abusive revocation of the parliamentary mandate Lack of due process at the investigation stage Lack of fair trial proceedings and excessive delays Failure to respect parliamentary immunity Violation of freedom of movement Threats and acts of intimidation Torture and ill-treatment and impunity Arbitrary arrest and detention Inhumane conditions of detention
A. Summary of the case
On 16 November 2017, the Supreme Court dissolved the sole opposition party in Cambodia, the Cambodian National Rescue Party (CNRP). It also banned 118 CNRP leaders (including all 55 CNRP members of the National Assembly) from political life for five years with no possibility of appeal. Their parliamentary mandates were immediately revoked and their seats reallocated to non-elected political parties allegedly aligned with the ruling party. The Supreme Court decision was based on charges of conspiracy with a foreign country to overthrow the legitimate government brought against the President of the CNRP, Mr. Kem Sokha. Most former parliamentarians subsequently fled Cambodia and went into exile.
The dissolution of the CNRP left the ruling Cambodian People’s Party (CPP) – and Prime Minister Hun Sen – with no viable challengers for the July 2018 elections to the National Assembly. The authorities stated that the National Assembly remained a multi-party parliament composed of four political parties, in line with the Constitution of Cambodia. The CPP gained all 125 seats in the National Assembly elections, after having already gained all seats in the Senate elections in February 2018.
The dissolution of the CNRP took place against the backdrop of long-standing and repeated threats and groundless criminal charges against its members of parliament. They had been repeatedly warned by the Prime Minister that their only choice was to join the ruling party or be prepared for the dissolution and ban of their party. Since 2013, some 13 CNRP members of parliament have faced criminal accusations in relation to protests or statements critical of the CPP and the Prime Minister. All proceedings concluded with systematic convictions and raised serious issues of due process and lack of judicial independence. Two members of parliament were subjected to physical attacks that have gone unpunished.
After one year of detention in solitary confinement, which was considered as arbitrary and politically motivated by the United Nations Working Group on Arbitrary Detention in late April 2018, Mr. Kem Sokha was placed under house arrest on 10 September 2018 in response to a request made by his family on the basis of his poor state of health in detention. The possibility for him to receive visitors remains very restricted and is subject to prior authorization by the Cambodian authorities. Opposition members and foreign officials continue to be denied access to him, according to the complainants and diplomatic sources.
Judicial proceedings are still ongoing against Mr. Sam Rainsy and Mr. Kem Sokha. The latter’s first instance trial has not yet been completed. Mr. Kem Sokha risks a 30-year prison term for planning to overthrow the Government, on the basis of a 2013 TV speech in which he called for peaceful political change in Cambodia, without at any point inciting violence or hatred or uttering defamatory words. This is also the basis of the dissolution of the opposition party, although Mr. Kem Sokha’s guilt has not been established by any criminal court decision to the present day.
Case KHM-Coll-03 Cambodia: Parliament affiliated to the IPU Victims: 57 former opposition parliamentarians (50 male and seven female, 55 from the National Assembly and two from the Senate) Qualified complainant(s): Section I (1) (c) of the Committee Procedure (Annex 1) Submission of complaint: November 2011 Recent IPU decision: March 2018 IPU mission: February 2016 Recent Committee hearings: Hearing with the Cambodia delegation to the 139th IPU Assembly (October 2018) Recent follow-up: – Communication from the authorities: Letter of the Secretary General of the National Assembly (March 2018) – Communication from the complainant: September 2018 – Communication from the IPU to the Secretary General of the National Assembly (September 2018) – Communication from the IPU to the complainant: September 2018.
B. Decision
The Committee Decides to recommend to the Governing Council of the Inter-Parliamentary Union that it adopt the following decision: The Governing Council of the Inter-Parliamentary Union,
1. Thanks the Cambodian delegation to the 139th IPU Assembly for meeting with the Committee on the Human Rights of Parliamentarians, while deeply regretting that this dialogue has not been conducive to progress;
2. Is appalled to learn that Mr. Kem Sokha’s health has seriously deteriorated and that this is the only reason why he is now under house arrest rather than still detained in solitary confinement in prison; takes note with concern that he is still being given limited opportunities to receive visitors, and then only subject to prior official authorization;
3. Notes with concern that the delegation of Cambodia to the 139th IPU Assembly invited the Committee on the Human Rights of Parliamentarians to visit Cambodia again to “see the reality on the ground” but stated that it would not be authorized to meet with Mr. Kem Sokha; stresses that the Committee has decided that it would only send a delegation to Cambodia if that delegation is allowed to meet Mr. Kem Sokha and firm written assurances are received to that end; urges the Cambodian authorities to grant the Committee authorization to meet with Mr. Kem Sokha;
4. Recalls its findings and recommendations following the Committee’s 2016 fact-finding mission to Cambodia; and observes that the Cambodian authorities have failed to take any steps to implement them and resume political dialogue with the opposition; also recalls that its prior request to visit Mr. Kem Sokha in detention had been denied by the Cambodian authorities and that no foreign delegation has been authorized to meet Mr. Kem Sokha since his arrest;
5. Reaffirms its prior conclusions that the fundamental rights of all former opposition parliamentarians have been blatantly violated by the authorities of Cambodia, which have failed to respect and protect the rights to freedom of expression, association and peaceful assembly of opposition members of parliament, as well as due process guarantees enshrined in the Constitution and laws of Cambodia; remains deeply concerned that these violations are reminiscent of a long-standing pattern of abuse against the opposition that has been documented by the IPU at each past election;
6. Denounces the fact that all 55 parliamentarians of the only opposition party elected to the National Assembly were stripped of their parliamentary mandates and were banned from political life for five years as a result of a Supreme Court ruling and on the basis of legislation, which ran completely counter to their individual and collective rights to take part in the conduct of public affairs and their right to a fair trial;
7. Denounces furthermore the fact that the Supreme Court dissolved the opposition party on the grounds that its leader, Mr. Kem Sokha, planned to overthrow the Government by organizing a so-called “colour revolution”, even though Mr. Kem Sokha’s trial is still ongoing, and that he and all other opposition members of parliament – who have not been prosecuted for these charges – should be presumed innocent until proven guilty by a final court decision; considers that the presumption of innocence and the rule of law have been clearly violated in the present case; and wishes in this regard to put on official record the statement made by the Cambodian delegation to the 139th IPU delegation that “if the opposition members remain quiet, they will be able to resume their political activities” in four years, once the political ban expires, but that in the meantime “they must serve their sentences”;
8. Further recalls its prior findings that the so-called evidence against Mr. Kem Sokha are videos of a 2013 speech of Mr. Kem Sokha that contains nothing whatsoever that could constitute a criminal offence; points out that Mr. Kem Sokha at no point incited hatred or violence or uttered defamatory words in the incriminated videos and that he has emphasized that he aimed at bringing political change by winning the elections; deplores that this video has been used as evidence of treason, for which Mr. Kem Sokha faces up to 30 years in prison; is also alarmed at the clear violation of his parliamentary immunity in the absence of any criminal offence and of any flagrante delicto;
9. Urges once again all Cambodian authorities to immediately release Mr. Kem Sokha and drop the charges, to allow him to resume his duties as president of the opposition without further delay and restriction and to reinstate the CNRP;
10. Renews its call on all IPU member parliaments, including on the parliamentary member of the Asia-Pacific Geopolitical Group, as well as parliamentary assemblies and associations with IPU permanent observer status active in the region, to take concrete actions in support of the urgent resolution of this case in a manner consistent with democratic and human rights values; also counts on the assistance of all relevant regional and international organizations;
11. Requests the Secretary General to convey this decision to the competent authorities, the complainants and any third party likely to be in a position to supply relevant information;
12. Requests the Committee to continue examining this case and to report back to it in due course.
The loss of democracy in any country should concern us. #Cambodia is falling back into the darkness it experienced in the past. Prime Minister Hun Sen has destroyed democratic institutions and practices. He has outlawed the opposition and jailed the opposition leader, Kem Sokha.
The July election was fixed and illegitimate. Cambodia’s history as a one-party state has had long-lasting consequences that the Cambodian people have worked hard to overcome. Democratic is a foundation for human rights. Exiled Cambodian leaders like Mu Sochua have addressed members of this House, calling on Canada to speak out.
Today, I called on this Liberal government to press for the restoration of democracy in Cambodia and call for Kem Sokha’s immediate release. We call for the restoration of the rights of the opposition, and a new election. Until then, I asked that the government not recognize any representatives of this illegitimate Cambodian regime.
This September 22, 2018, Mr. Sophan Seng, President of the CEROC met and discussed with member of parliament for federal government in his Constituency Mr. Ron McKinnon who is also collecting support signatures for his Coquitlam-Port Coquitlam candidacy of the Liberal Party for the upcoming national election in 2019.
In the meantime, Mr. Sophan discussed in details about the human rights and democracy environment of Cambodia. The election on 29 July 2018 has not been a free and fair election reflecting genuine will of the Cambodian voters at all because the key opposition party that have paralleling capacity to compete with the ruling party CPP was banned not to compete in the election by jailing its leader, banning top leadership of 118 politicians not to engage in politics, dissolving the Cambodia National Rescue Party (CNRP), taking away the parliamentary seats of 55 to redistribute to other parties, and taking away the commune-Sangkat councillors of 5007 posts voted by the people to its own party. Further more, the independence media were shut down, non-governmental organizations whose missions are to monitor election and democratization, both domestic and international, were pressured and dispelled. Freedom of expression and movement of labor unions were oppressed. As a result, the ruling party Cambodian People’s Party (CPP) grabbed all 125 seats from the election.
Right now, the European unions, United States of America, and the United Nations, who are partners of development and democratization each have condemned and approved resolution by interacting directly to Prime Minister Hun Sen to bring back normality by allowing CNRP to normal operation, release President of the party Mr. Kem Sokha from house arrest, and Mr. Sam Rainsy who is in self-exile by several political verdicts of the government to be able to return back home to conduct his political career freely, allowing all 118 politicians to freely engage in politics without having legal reprisals, giving back the 5007 posts of commune-sangkat councillors, allowing media, NGOs and unions to exercise their rights and freedom fully without obstacles. If not following this scenario, the European unions and the United States etc. shall cut off the free-tariff on garment exporting value near 700 millions per year while diplomatic tie and aids will be in dilemma, and blacklisting will be created to punish those individuals who have engaged to human rights violation and de-democratization in Cambodia.
Remarkably, the new government born after a fake election, just few countries recognized especially China who has come out to support and incorporate with Cambodia while major investments from China are the nontransparent FDI by conducting deforestation and mineral exploitation with bringing all China’s materials and manpower/workers in. This problem reminds us of trade negotiation between Justin Trudeau and China which was failed completely because China insisted to bring their own materials and workers to invest in Canada. More than this, Mr. Sophan noticed on the anarchy of Chinese people in Cambodia particularly in Sihanoukville.
Emphasizing with MP Ron, Canada has provided free-tariff importing of Cambodia products accounting nearly 6%, and the royal government of Canada has continued to support human rights, rule of laws, capacity building, social and economic development eversince since Canada was a signatory of Paris Peace Agreement of October 23, 1991. Regarding the online petition sponsored by MP, Mr. Sophan shall contact and discuss with his personal assistance at main office in Ottawa continuously. If before the expiry date of October 24, the signatures are reached 500, MP Ron will detail this with the Ministry of Foreign Affairs led by Christia Freeland before giving speech on official statement on collective resolution of proper restoration and measures to the situation of democracy in Cambodia. You can sign the petition at: https://petitions.ourcommons.ca/en/Petition/Details?Petition=e-1746
ភ្នំពេញ — រដ្ឋាភិបាលកំណត់យកថ្ងៃទី២៦ ខែឧសភា ឆ្នាំ២០១៩ ជាកាលបរិច្ឆេទនៃការបោះឆ្នោតជ្រើសរើសក្រុមប្រឹក្សារាជធានី ខេត្ត ក្រុង ស្រុក និងខណ្ឌ ខណៈមន្រ្តីបក្សប្រឆាំងអះអាងថា ការបោះឆ្នោតនោះ ជាការបោះឆ្នោត «លេងសើច និងក្លែងក្លាយ» ក្រោយកម្ពុជាក្លាយជាប្រទេសដែលដឹកនាំដោយបក្សតែមួយនោះ។សេចក្តីសម្រេចចេញដោយលោកនាយករដ្ឋមន្រ្តី ហ៊ុន សែន កាលពីថ្ងៃទី៣០ ខែតុលា ឆ្នាំ២០១៨ បានបញ្ជាក់ឲ្យដឹងក្នុងន័យដើមថា៖«ត្រូវបានកំណត់យកថ្ងៃអាទិត្យ ទី២៦ ខែឧសភា ឆ្នាំ២០១៩ ជាកាលបរិច្ឆេទនៃការបោះឆ្នោតលើកទី៣ ដើម្បីជ្រើសរើសក្រុមប្រឹក្សារាជធានី ក្រុមប្រឹក្សាខេត្ត ក្រុមប្រឹក្សាក្រុង ក្រុមប្រឹក្សាស្រុក និងក្រុមប្រឹក្សាខណ្ឌ»។
