Posted by: Analyst S | Posted on: December 9, 2020
Talking on live show of Youth Voice for Justice of CNRP America, Mr. Sophoan adamantly articulated the viable plan returning back to Cambodia of CNRP leadership led by Mu Sochua as it is a mature political attitude responding to the court’s summons.
Legally speaking, the repatriation plan is purely to fight with the accusation of the Phnom Penh municipal Court summoned by deputy prosecutor Seng Heang. The accusation is bogus “plotting” to commit treason and “incitement” to commit a felony which are a serious crime without bleeding or hurting anybody physically and mentally at all. The accusation is politically motivated. The due process is non-existent as en mass trial was created by improper en mass name listing all together to attest to a public building. The court proceeding is set up to denounce all justice attempts because the defendants are not allowed to having sufficient time to prepare themselves at all including seeking or exercising rights to obtaining legal counsel or attorney. While the initial accusation is high the chance of trial in absentia is pretty bogus, this returning back to fight the legal accusation is apolitical. And no one can block or ban this physical presenting of the defendants as well as manipulating the court proceeding.
Political pragmatism has been visibly emerging among Cambodian people and their leaders. Court proceedings are considered the most safety net of social reform and social order revitalization although it is a bad court or a good court. When a society is at war, the brave men and women are needed to carry gun; but when a society is at peace, the brave men and women are needed to carry pen and paper. The court of Cambodia has been notoriously known for its “travesty of justice”. Many men and women have already been thrown in jail because of this bad court practice, and the sacrifices of those men and women shall deepen a new successful chapter of history of Cambodia. The grand policy to walk into the court room in order to restructure, repaint, restore human resource and refinance it, is very pragmatic and optimistic.
We, the undersigned 32 civil society organizations, urge the Governments of Australia, Canada, Finland, France, Germany, India, Japan, New Zealand, Sweden, the Netherlands, the Republic of Korea, the United Kingdom, and the United States of America to echo the European Union (EU) in its call for the respect of human rights in Cambodia. On August 12, 2020, the EU will partially suspend Cambodia’s “Everything But Arms” (EBA) tariff preferences in response to the Cambodian government’s “serious and systematic violations” of four human and labor rights conventions: the International Covenant on Civil and Political Rights (1966), the International Labor Organization (ILO) Convention concerning Freedom of Association and Protection of the Right to Organize No. 87 (1948), the ILO Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively, No. 98 (1949), and the International Covenant on Economic, Social and Cultural Rights (1966).
The Cambodian government continues to crack down on civil society, independent media, and the political opposition and human rights defenders to silence critical voices in the country. In the past three years it has adopted a series of repressive laws that unduly restrict human rights. In November 2019, the Cambodian authorities had arbitrarily detained nearly 90 people solely on the basis of the peaceful expression of their opinions or political views as well as their political affiliations. While 74 opposition members, detained on spurious charges, were released from detention in December 2019, the charges against them remain, and they risk re-arrest. Opposition leader Kem Sokha’s criminal trial for unsubstantiated treason charges has been marred by irregularities since it began in January. Sokha remains banned from politics and faces up to 30 years in prison if convicted. The Prime Minister announced that the trial could drag on into 2021.
In April, the Cambodian government used the Covid-19 crisis to adopt an unnecessary and draconian state of emergency law that provides the authorities with broad and unfettered powers to restrict freedom of expression, peaceful assembly and association – rights that have already been severely restricted during his 35 years in power. Currently, another 30 political prisoners are behind bars due to the Cambodian government’s continued onslaught on free speech in the guise of combating Covid-19.
Cambodia committed to protecting and promoting fundamental human rights, providing equal protection of the law, and holding genuine periodic elections when it ratified the International Covenant on Civil and Political Rights. The Cambodian government ratified all of the fundamental ILO Conventions that protect the rights of workers and trade unions. Respect for human rights and the rule of law are essential for a stable and flourishing business environment over the long term.
Cambodia agreed that access to the EU’s Everything But Arms preferential trade scheme is conditional on adherence to the principles in 15 core human rights and labor rights conventions. The European Commission’s decision on February 12, 2020 to partially suspend Cambodia’s EBA preferences followed a yearlong process of ‘enhanced engagement’ between the EU and Cambodia during which the Cambodian government was given every opportunity to cooperate and make significant progress in improving its protection of human rights and labor rights. The European Commission concluded that Cambodia had failed to take necessary measures to retain full EBA benefits.
Many people have wondered and inquired on the current government of Cambodia as “illegitimate” after the election on July 29, 2018 which was full of controversy. Some perspectives stressed on the election conducted by the NEC, some stressed on the legal procedures of the court which are very “biased”, and some stressed on the behaviors of power used by the power-holders. But the most important and essential perspective is the violation over the Constitution of the Royal Kingdom of Cambodia which has clearly inscribed the different between Nation and Government.
Nation means the country that has existed population and sovereign independence. According to the Constitution, the people are the owner of the country, and the power to govern the country is the people exercising through their Representatives whom elected by the people to create, to monitor, to amend, and to enforce the laws.
Government means the team of officers whose winning political party has rights to select Prime Minister and members of the Cabinet in accordance to the Statute on the Cabinet of Minister. According to current law, the members of Cabinet comprises of ministers to prime ministers and they are the member of the Executive Branch which has been mandated by the Constitution. They could exercise their power independently without interfering the power of Judiciary and Parliament. Note that after the amended law allowing Prime Minister to having power to nominate Secretary of State and Under-secretary of State directly, these two posts are not belonging to the Cabinet as the quota from winning political party any more, according to the law.
In conclusion, the result of national election which is the election conducting by the single party, the election result is the single party result, which has led to the creation of an illegitimate Government of a single-party state government with composition members of Prime Minister, Senior Ministers, and Ministers.
So, the Cambodia nation as a State comprises of over 16 million population with nearly two millions public servants of both civil servants and arm-force, they could conduct their legitimate tasks as usual as they are the technical team to serve the people. For the current illegitimate government, they have lost their own legitimacy to utilize nation wealth, to undertake decision-making for major tasks of the nation, to mutually conduct diplomacy with foreign countries, and to approve loans lending from foreign partners. What the current government has been undertaking at the present are just the perpetual power-abused.
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
