Joint Statement on the Legitimacy of 2023 Cambodian General Election

Joint Statement on the Legitimacy of 2023 Cambodian General Election

The undersigned organizations express our profound concern over the upcoming election for the National Assembly in Cambodia, scheduled to occur tomorrow. We firmly believe that this election is poised to lack genuineness and meaningful electoral competitiveness, raising serious doubts about its adherence to democratic principles and international election standards.

Our apprehensions are rooted in the observed international standards used in assessing the legitimacy of elections, on which the upcoming electoral exercise indicates a notable absence of transparency, fairness, and inclusivity in the electoral process. Instances of biased decisions by the election management body, suppressed opposition, restricted political freedoms, and limited access to impartial information have cast a shadow over the integrity and quality of the electoral process and election results.

We are particularly troubled by concerns surrounding the independence and neutrality of the National Election Commission (NEC). Evidence suggests a clear bias towards the ruling Cambodian People’s Party, and the exclusion of the Candlelight Party from participating in the elections serves as a stark example of the severely restricted political space and the unfair limitations imposed on opposition parties. Such disqualification further exacerbates the imbalanced and unjust political environment, leaving minimal room for opposition voices to compete on equal footing with the ruling party.

Moreover, the shrinking space available for civil society and the deliberate targeting of human rights defenders and activists raise serious alarm. The constriction of civic space undermines the active participation of civil society in the electoral process without fear of reprisal.

Additionally, media freedom faces constraints, with independent media and other election stakeholders experiencing harassment online as well as offline, while state- controlled media dominate the information landscape. Considering these deeply entrenched issues, tomorrow’s election is likely to fall short of meeting the criteria for credible elections, including transparency, inclusion and the accountability of election stakeholders.

The identified flaws in all aspects, combined with the evident bias towards the ruling party, seriously compromise the principles of democracy and seriously question the integrity and credibility of the electoral process.

In light of these concerns, we urge the ASEAN, its member States, and all other international communities to refrain from legitimizing the election and to continue supporting the people of Cambodia in their quest for freedom and democracy. Upholding the democratic values is essential to foster a just and equitable society, and we stand united in advocating for an accountable, transparent, inclusive, and genuinely competitive electoral process in Cambodia.

  1. AccessNow
  2. ASEAN Parliamentarians for Human Rights (APHR)
  3. Asian Democracy Network (ADN)
  4. Asian Forum for Human Rights and Development (FORUM-ASIA)
  5. Asian Network for Free Elections (ANFREL)
  6. The Coalition for Free and Fair Elections (BERSIH)
  7. Citizen Congress Watch (CCW)
  8. Electoral Support Network of Southern Africa (ESN-SA)
  9. Inter-American Network for Election Observation and Electoral Integrity
  10. International Federation for Human Right (FIDH)
  11. Komite Independen Pemantau Pemilu (KIPP)
  12. Legal Network for Truthful Elections (LENTE)
  13. National Election Observation Committee (NEOC)
  14. ODHIKAR
  15. People’s Actions for Free and Fair Elections (PAFFREL)
  16. Perkumpulan untuk Pemilu dan Demokrasi (PERLUDEM)
  17. Transparent Elections Foundation of Afghanistan (TEFA)
Southeast Asian lawmakers call for justice, accountability one year after the execution of four Myanmar pro-democracy activists

Southeast Asian lawmakers call for justice, accountability one year after the execution of four Myanmar pro-democracy activists

JAKARTA – The Myanmar military must be held accountable for their continued mockery of the rule of the law, ASEAN Parliamentarians for Human Rights (APHR) said today, marking one year since four political prisoners committed to the success of the pro-democracy movement in Myanmar were executed at the order of junta leader Min Aung Hlaing.  Former lawmaker Phyo Zeya Thaw and three other activists – Kyaw Min Yu, known as “Ko Jimmy,” Hla Myo Aung and Aung Thura Zaw – were all sentenced to death in closed-door military courts during sham trials backed by junta-appointed judges. 

The executions of the four activists was a gross miscarriage of justice and a grave loss for the pro-democracy movement in Myanmar. The fact that the military continues to sentence scores of people to death is evidence of their disregard for upholding any qualified measure of the law. ASEAN should take this for what it is – evidence of a brutal military regime with no intention of abiding by human rights principles, including the right to a free and fair trial. One year on, there has yet to be any justice for the victims’ families and the thousands of political prisoners detained,” APHR Chair and member of the Indonesian House of Representatives Mercy Barends said today. 

The junta intended the executions to send a strong message to the pro-democracy movement but their cruelty has only propelled activists to amplify their calls to the international community to go beyond condemning the brutal military regime and respond with tangible actions that hold the junta to account, including an immediate referral by the United Nations Security Council to the International Criminal Court. 

The situation in Myanmar remains volatile as the junta continues to torture, kill, arrest and detain people who resist their dictatorship. As indicated in the Independent Investigative Mechanism for Myanmar and other rights-based reports, crimes against humanity continue to be systematically perpetrated in the country by the junta.

We stand in solidarity with the Myanmar people and pro-democracy movement and their courageous stand against the illegal military junta. We echo their calls and urge the international community, including ASEAN, to take concrete measures to hold the junta accountable for their terrible crimes, including by supporting the legal cases in the International Criminal Court and the International Court of Justice as well as ongoing efforts to assert universal jurisdiction,” said Barends.

The people of Thailand deserve, and voted for, a real democracy, Southeast Asian parliamentarians say

The people of Thailand deserve, and voted for, a real democracy, Southeast Asian parliamentarians say

JAKARTA – Ahead of the second vote for the Thai Prime Minister, members of parliament from across Southeast Asia stand in solidarity with the Thai people and call for reforms that would ensure the establishment of a real democracy in Thailand. 

The eight-party coalition that has nominated a prime minister candidate won a combined total of nearly 27 million votes in the general elections in May. This is over 70% of the total votes cast. In any real democracy, there would be no doubt on who would be able to form a new government. Unfortunately, the existing rules have been designed to protect the military’s role in politics and governance, thwarting any attempt at genuine reform,” ASEAN Parliamentarians for Human Rights (APHR) Co-Chairperson and former Malaysian member of parliament Charles Santiago said today.

The current Thai constitution was adopted in 2017, following a military coup in 2014. Under the constitution, the Thai parliament is bicameral, with a 250-person Senate that is effectively appointed by the Royal Thai Military. Any effort to amend the constitution requires the backing of at least one-third of all senators.

The actions of the vast majority of the senators in the last prime minister vote show their utter disregard and lack of respect for the will of the people, which was communicated very clearly in the ballot box.  It is evident that the immense power given to these unelected senators is at odds with any definition of a real democracy. Many Thais are understandably angry that their votes seem to count for nothing. Thailand’s constitution must be reformed, and any new government must make it one of their first priorities.” said Santiago.

We once again urge all members of the Thai parliament to consider their duty to the people and the greater good of Thailand when they cast their vote for prime minister. Further attempts to block the formation of a new government by the winning parties would only lead to unrest and instability,” said Santiago. “We also call on the Thai authorities to respect protesters’ right to assemble and peacefully express their political opinions and refrain from any excessive use of force.”

APHR urges Indonesia as ASEAN Chair to lead in improving human rights, democracy, climate protection in the region

APHR urges Indonesia as ASEAN Chair to lead in improving human rights, democracy, climate protection in the region

We, Southeast Asian parliamentarians from the ASEAN Parliamentarians for Human Rights (APHR), are alarmed by the deteriorating human rights situation in the region,

Recognizing the unique and significant role of the Association of Southeast Asian Nations (ASEAN) to promote regional peace and stability through respect for justice and rule of law,

Underscoring with urgent concern the deteriorating humanitarian situation in Myanmar with over one-million people displaced since the coup on 1 February 2021;

Drawing urgent attention to the unabated crimes against humanity, war crimes, conflict-related sexual violence, impunity perpetrated by the armed forces of Myanmar’s military junta;

Noting with concern the increasing attacks against freedoms of expression, association, and assembly and the alarming shrinking civic space in Southeast Asia;

Recognizing that elections have become the tools of authoritarian leaders to consolidate their power undermining elections as one of the core pillars of democracy; 

Expressing continued concern over Hun Sen’s constant and intensified repression of the opposition, civil society activists, and independent media through intimidation, physical violence, and politically motivated prosecutions;

Concerned over the Cambodian government’s abuse of power to prevent opposition parties from contesting in the upcoming July 2023 Elections;

Recognizing the significant risks and challenges faced by parliamentarians and human rights defenders in Southeast Asia;

Highlighting the increasing intimidation and harassment that parliamentarians and human rights defenders received in association with their status or work in upholding human rights;

Noting the lack of adequate protection, including under the ASEAN Human Rights Declaration, and the prevailing culture of impunity for perpetrators of abuses against human rights defenders; 

Raising concern over the persistent discrimination, persecution, and denial of basic rights based on faith, exemplified by the ongoing plight of the Rohingya community;

Highlighting the prevalence of problematic legislations, such as blasphemy laws, that fuel tensions and conflicts and undermine freedom of religion or belief;

Observing the alarming rise of hate speech, hate campaigns, and the divisive rhetoric propagated by influential figures, including religious leaders, politicians, and educators, which target ethnic and religious minorities, exacerbated by the influence of social media;

Acknowledging the high vulnerability of ASEAN nations to the adverse impacts of climate change, including rising sea levels, extreme weather events, and loss of biodiversity;

Noting that the  potential scale of devastation in ASEAN member states caused by the unmitigated carbon emission and rising global temperatures;

Recognizing the continuing dependence of most ASEAN states to fossil fuel and the slow progress in just energy transition;

Recognizing that gender inequalities exacerbate the the vulnerability of women to climate change impacts;

Noting the agreement in principle between ASEAN member states to admit Timor-Leste into ASEAN;

Building on Indonesia’s recent statement of support for Timor-Leste’s membership in ASEAN;

Do hereby agree to:

Urge Indonesia as Chair of ASEAN to take the lead in the region and mobilize all its member countries and ASEAN instrumentalities to take more proactive and decisive steps to address most urgent human rights concerns in the regions. Specifically:

In responding to the Myanmar Crisis

  • Initiate an inclusive review of the five-point consensus and make recommendations put forward by civil society organizations, including applying pressure to the United Nations Security Council to adopt a resolution on Myanmar under Chapter VII of the UN Charter. 
  • Liaise and coordinate with more vital pro-democracy allies and ASEAN dialogue partners such as the European Union, Canada, United States of America (USA), Australia, and New Zealand to counter Thailand talking with the Mekong River countries and China and India, and further express concern about Thailand’s ‘Track 1.5’ meetings.
  • Advocate for the immediate facilitation of cross-border assistance to meet the many growing needs of internally displaced people who urgently need food, shelter, water and medicine.
  • Declare that the junta sponsored ‘elections’ set to take place in 2024 in Myanmar are not legitimate and thus should not be endorsed nor considered free and fair.
  • Support calls from civil society organizations and ethnic revolution organizations for federalism and gender equality to be a strong pillar in Myanmar’s roadmap to freedom and democracy. Thus far, there has been a sincere lack of political will to discuss strategic women’s engagement. 
  • Recognize the suffering of Myanmar’s many ethnic people, including the long-persecuted Rohingya, who continue to face systematic violence. A comprehensive and coordinated approach rooted in humanitarian principles must be established to ensure that preserving their humanity is a collective approach.

In championing the restoration democratic rights of Cambodians

  • Condemn the Cambodian government’s efforts to undermine democratic institutions, including physical and legal violence towards human rights defenders, opposition members, and civil society,  as well as the disqualification of the opposition from contesting in the elections, and the banning of independent media outlet Voice of Democracy.
  • Pressure the Cambodian government to ensure an inclusive, free and fair electoral process, in full respect of human rights, including rights to freedom of assembly, association and expression for all political actors, civil society, and voters.
  • Urge Cambodia to unconditionally release all political prisoners from detention, put an end to all harassment and prosecution of political opponents, and to ensure full respect for human rights, including the right to a fair trial and full participation in the conduct of political affairs.
  • Call on ASEAN Member States and the international community to refuse to accord legitimacy to July elections and take stronger actions towards Hun Sen’s efforts to solidify his dictatorship.

In advancing for an ASEAN Regional Human Rights Defenders’ Mechanism 

  • Urge ASEAN and ASEAN Member States to adopt a zero-tolerance approach to the harassment and violent acts against human rights defenders and to take all necessary measures to promote and uphold the UN Declaration on Human Rights Defenders; 
  • Push ASEAN to work towards the development and implementation of a regional framework or mechanism on the protection of human rights defenders against all forms of violence, threats, retaliation, or any other arbitrary actions in association with their status or work, and to include such mechanism under the ASEAN Charter;
  • Urge ASEAN Member States to take legislative, judicial, administrative or other appropriate measures at national levels to facilitate the work of and to protect human rights defenders from any form of reprisals in association with their status or work as human rights defenders;
  • Encourage ASEAN to strengthen the mandate of ASEAN Intergovernmental Commission on Human Rights to provide emergency protection for human rights defenders and to regularly review the progress made by ASEAN Member States in implementing measures to protect human rights defenders, including through the establishment of a monitoring and reporting mechanism to assess the situation and identify areas for improvement.

In the protecting Freedom of Religion and Belief

  • Cease all violence and persecution against minority groups and release all prisoners of conscience who have been detained merely for peacefully expressing their beliefs.
  • Repeal or amend laws that infringe upon people’s freedom of religion and belief, including women and girls, ensuring compliance with international human rights standards.
  • Provide comprehensive remedies for victims of freedom of religion and belief violations and enhanced protection mechanisms for vulnerable groups at risk of victimization.
  • Encourage political leaders, religious leaders, and educators to actively promote peace, tolerance, and diversity, fostering social harmony in diverse ASEAN.
  • Support the establishment of an ASEAN mechanism to protect and advance freedom of religion and belief, setting standards, addressing abuses, and safeguarding individuals affected by these issues.

In addressing adverse impacts of Climate Change and Global Warming:

  • Mobilize ASEAN Member States to strengthen their commitment to the Paris agreement by enhancing their Nationally Determined Contributions (NDCs) in order keep the increase in the world’s temperatures to less than 1.5°C at the end of the century. In this way, we can attain a regional and global community where all, including future generations, are able to enjoy human rights without harm from climate change, pollution, deforestation, waste and environmental degradation.
  • Compel ASEAN member states to make just energy transition an  urgent priority of their governments by providing financial incentives to renewable energy systems and zero-emissions infrastructures and technologies in accordance with the objectives of the Paris agreements.
  • Advise ASEAN member states to promote investments in natural infrastructure and green spaces and prioritize government budget allocations on renewable energy, public transport, energy efficiency, electric vehicles, and other key areas supportive of a low carbon economy to avert potential damages from climate-related disasters.
  • Press ASEAN member states to strengthen efforts to enforce human-rights based protection of forests,  in particular  with respect to indigenous rights and customary land rights. 
  • Lead in developing regional mechanisms to assist member states to restore degraded forests to reactivate their capacities to regulate ecosystems.
  • Strengthen cooperation and enforce a transboundary integrated approach among member states to improve ocean management by sharing best practices, monitoring marine pollution, harmonizing policies, and implementing joint activities.
  • Urge ASEAN member states to commit to gender-responsive Climate Policies, plans, and programs at all levels ensuring equal access to resources, including inclusion to to climate finance initiatives;
  • Drive member countries in the region to develop gender-responsive adaptation measures that are responsive to address the specific needs of women and of other marginalized genders.

In the Inclusion of Timor Leste as member of ASEAN

  • Expedite the admission of Timor-Leste as a member of ASEAN.
Southeast Asian parliamentarians call for women, ethnic people to have greater say in the future of a democratic Myanmar

Southeast Asian parliamentarians call for women, ethnic people to have greater say in the future of a democratic Myanmar

CHIANG MAI – The Myanmar pro-democracy movement must listen to the calls of women and ethnic people and their vision for federalism, ASEAN Parliamentarians for Human Rights said today.

On 29 June, APHR held a closed-door meeting with women human rights defenders and activists from Myanmar civil society groups in Chiang Mai, Thailand as part of a series of discussions that aim to provide a platform for gendered perspectives on the crisis in the country, including topics such as federalism, patriarchy, and ethnic inclusion. 

As long as there has been a civil war in Myanmar, there has been a struggle for ethnic autonomy, including the rights to their land, language, health care, education and traditions. For women, in addition to the fight for ethnic equality, has also been for gender equality. In the current context of post-coup Myanmar, new challenges have emerged and a new struggle for equality across all genders and ethnicities. 

The commitment and dedication of women to Myanmar’s struggle for democracy is evident across the movement,” said APHR Board Member and former Thai foreign minister Kasit Piromya. “Federalism cannot exist in Myanmar without democracy, and certainly not without the contributions of women.”

The history of Burma is rooted in ongoing conflict. When we look at the creators of conflict, it is very clear it is the Myanmar junta. Women have always been involved in revolutionary acts because we believe in genuine peace,” said Moon Nay Li,  Joint General Secretary of the Women’s League of Burma . 

While pro-democracy bodies, including the National Unity Government, the National Unity Consultative Council and the Committee Representing Pyidaungsu Hluttaw, have called for federalism to defeat the junta, women-led organizations and activists are advocating for a future that is gender-equal as well as federal.

Too often, women are told that their pursuits for gender equality are of lesser importance amidst the shared struggle to defeat the junta. These struggles are interconnected as the commitment to end military rule is rooted in ending patriarchal norms and institutions,” said APHR member and member of the Philippine House of Representatives Arlene Brosas. “Women’s rights defenders are critical actors in the pro-democracy movement, and their voices must be amplified to ensure their needs are met and perspectives are heard.”

During the meeting, the women human rights defenders and activists were very clear that more reflection needed to be done on how the ‘pro-democracy’ movement is currently progressing. For many, this includes inner work, primarily from the Bamar majority, on how to ‘unlearn’ certain attitudes and beliefs which stem from Burmanization, Buddhism and the patriarchy. Calls were also made to the international community to engage with pro-democracy stakeholders, and not the terrorist regime. 

The international community, including ASEAN, must support women human rights defenders and their calls for a more inclusive vision of federalism in Myanmar. Defeating the junta is imperative, but without the participation of women and ethnic people, a democratic Myanmar cannot be sustainable,” said APHR Chair and member of Indonesian House of Representatives Mercy Barends.

Incoming Thai government must enact refugee-friendly policies, Southeast Asian MPs say

Incoming Thai government must enact refugee-friendly policies, Southeast Asian MPs say

JAKARTA – The incoming Thai government must heed calls from civil society to reform policies on refugees to be more compassionate and in line with international human rights standards, ASEAN Parliamentarians for Human Rights (APHR) said today.

We support calls made by the Karen Peace Support Network and other locally-led civil society groups regarding Thailand’s policies on refugees and asylum seekers,” said APHR Chair and member of Indonesia’s House of Representatives Mercy Barends. “The incoming government must respond to the needs of refugees, uphold their human rights, and guarantee their safety.”

According to data from the United Nations High Commissioner for Refugees (UNHCR), there are over 90,000 Myanmar refugees living in nine recognized refugee camps along the Thai-Myanmar border. Refugees, some of whom have been stuck in limbo for years, are strictly confined behind fences and barred from seeking employment in Thailand. According to the Karen Peace Support Network, the current food ration is valued at approximately 300 THB or 10 USD per month.

Meanwhile, human rights groups have repeatedly criticized Thai border authorities for sending those seeking refuge back across the border to Myanmar, where they are at risk of indiscriminate airstrikes, arbitrary arrest, torture, and worse.

In the most recent high-profile case in April this year, Thai immigration authorities detained three members of a Myanmar opposition group that had crossed into Thailand to seek medical treatment and then handed them over to the Myanmar junta-allied Border Guard Forces (BGF).  Witnesses say that BGF troops shot at the men after the handover. According to media reports, at least one of the men was killed, while the fates of the other two remain unclear.

The incoming Thai government must recognize that the junta’s treatment of refugees cannot continue. The new government must grant Myanmar asylum-seekers safe passage through the border and guarantee their access to humanitarian assistance. Refugees living in the camps in Thailand must be given access to educational and economic opportunities that will allow them to thrive outside the camps in various capacities,”  said Barends. 

Adding to the suffering of those who have already been forced from their homes by a murderous junta is unconscionable; any administration that claims to represent change must start by immediately remedying this untenable situation,” said Barends.