Nov 9, 2020 | DFF, Statements
PHNOM PENH – Over 150 members of parliament from around the world sent an open letter to Cambodia’s Prime Minister today, calling on his government to immediately and unconditionally release Kem Sokha, President of the now-dissolved Cambodia National Rescue Party (CNRP), and to take immediate steps to allow for free and fair elections in 2018.
The letter, which was sent to Prime Minister Hun Sen this morning, was endorsed by 158 members of parliament representing 23 countries on six continents* and comes a day after the three-month anniversary of Kem Sokha’s detention.
Kem Sokha was arrested on 3 September 2017 and charged with treason for comments made during a 2013 speech, in which he discussed efforts toward peaceful, democratic change in Cambodia. His request for bail has been repeatedly denied. His party, the CNRP, was officially dissolved by the Supreme Court on 16 November, and he and 117 other senior members of the party were banned from politics for five years.
“Kem Sokha’s detention is clearly politically motivated, and the government has presented no credible evidence of the absurd charges levied against him. His arrest came in the midst of a heavy-handed crackdown on free media and civil society, and, combined with the subsequent dissolution of his party, represents nothing more than an attempt by the ruling party to eliminate all opposition before next year’s national elections,” said Malaysian MP Charles Santiago, Chairperson of ASEAN Parliamentarians for Human Rights (APHR) and one of the letter’s signatories.
“Along with 157 of my colleagues from countries around the globe, from Argentina to South Africa to Malaysia, we are asking the Cambodian government to take steps to reverse course by unconditionally releasing Kem Sokha and allowing him and his party to participate freely in politics. Elections in 2018 will be illegitimate unless such actions are urgently undertaken,” Santiago said.
In addition to calling for Kem Sokha’s release, the letter called on the Cambodian government to reverse the decision to dissolve the CNRP, to reinstate all CNRP elected leaders to their positions, both in Parliament and at the local level, and to repeal amendments passed earlier this year to the Law on Political Parties and four electoral laws. Those amendments were rushed through the National Assembly on party-line votes, and laid the groundwork for the CNRP’s dissolution last month.
“Kem Sokha’s arrest and detention took place in a context of increasing repression of the opposition, which has been enabled by the amendment of laws to fit the ruling party’s political agenda. In order for us to believe that future elections can happen in a genuine, participatory, and inclusive manner, this major roadblock needs to be addressed,” said Congressman Tom Villarin of the Philippines, who also signed the letter.
“The Cambodian Government must show a commitment to working with its international partners, including those who have been critical of its recent actions, in addressing what we see as serious breaches of international law and Cambodia’s own constitution. The government’s onslaught against the opposition, independent media, civil society, and the rule of law itself must stop, and we need to see proof of that,” Villarin added.
Parliamentarians welcomed the strong stance taken by many governments and politicians around the world in criticizing the Cambodian government’s recent actions, and noted that this attention should and would be sustained.
“The overwhelming support shown by lawmakers from around the world by signing on to this letter shows that the situation in Cambodia is not one that the international community is going to ignore. Prime Minister Hun Sen would do well to pay attention to our recommendations or risk becoming a pariah on the global stage,” Santiago concluded.
* Countries of endorsing parliamentarians: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, France, Germany, Indonesia, Italy, Lithuania, Macedonia, Malaysia, the Netherlands, the Philippines, Portugal, Singapore, South Africa, Spain, Sweden, Timor-Leste, the United Kingdom, and the United States.
Click here to read the letter.
Nov 9, 2020 | DFF, Statements
JAKARTA — Parliamentarians from across Southeast Asia today reiterated calls for the immediate and unconditional release of Anwar Ibrahim, 1,000 days since the former Malaysian opposition leader was sent to prison after his conviction and five-year jail sentence were upheld by Malaysia’s highest court.
ASEAN Parliamentarians for Human Rights (APHR) said that Anwar’s case exemplified a trend of intensified government persecution against critical voices in Malaysia, which has continued in the years since his jailing and remains a serious concern, particularly with parliamentary elections on the horizon. The collective of regional lawmakers called on Malaysian authorities to cease judicial harassment and other forms of intimidation against opposition members and government critics and repeal or amend existing legislation restricting fundamental freedoms.
“Anwar Ibrahim’s conviction flew in the face of international legal standards and seriously undermined the credibility of Malaysia’s justice system, demonstrating the extent to which the courts have been used as tools of an executive agenda. Anwar has already spent 1,000 days too many behind bars and should be immediately freed,” said APHR Board Member Teddy Baguilat, a member of the House of Representatives of the Philippines.
“From the beginning, this case was about silencing opposition voices and making it more difficult to challenge the government. It’s a trend we’ve been seeing intensify across the region, and it signals even darker days ahead for human rights in ASEAN,” he added.
On 10 February 2015, the Federal Court of Malaysia upheld a 2014 decision by the Court of Appeal to convict Anwar Ibrahim on charges of “sodomy” under Section 377 of the Malaysian Penal Code and sentence him to five years in prison. The case, which bore all the hallmarks of being politically motivated, is indicative of the persistent human rights challenges Malaysia faces, particularly in upholding the rights of individuals who criticize the ruling government, APHR said.
At least half a dozen activists have subsequently faced investigation, arrest, charges, or convictions for calling for Anwar’s release. These cases, along with other instances of judicial harassment against government critics in recent years, highlight the urgent need for Malaysia to repeal or amend all laws that disproportionately restrict freedom of expression and assembly, APHR said. These include the 1948 Sedition Act, the 1959 Prevention of Crime Act, the 1984 Printing Presses and Publications Act, the 2012 Peaceful Assembly Act, and the 2012 Security Offences (Special Measures) Act.
“These laws have been repeatedly abused by the authorities for political ends and have no place in a country hoping to bolster its regional leadership credentials within ASEAN,” Baguilat said.
Regional MPs argued that the continued persecution of opposition voices in Malaysia threatens the credibility of the next round of parliamentary elections, which must take place before the end of August 2018, and emphasized the need to allow for an environment conducive to free expression and genuine, inclusive competition in advance of the polls.
“Malaysia’s leaders must embrace the virtues of a strong, vibrant opposition. They must recognize that dissenting voices represent an integral part of the democratic process, rather than a threat. Releasing political prisoners – including Anwar – would send a strong message that Malaysia’s government intends to respect its commitments to due process and free and fair elections,” Baguilat added.
Anwar Ibrahim’s daughter, Nurul Izzah Anwar, who is also a Malaysian MP and member of APHR, likewise urged Malaysian authorities, including Prime Minister Najib Razak, to free her father, and highlighted concerns about treatment needed for medical conditions, which have worsened since his detention in 2015.
“After 1,000 days of incarceration, Prime Minister Najib has an opportunity to reverse course and lean in toward democracy by facilitating Anwar’s deserved pardon for the simple fact of his innocence and unjust trial. If this is too much, we hope, at least, that a modicum of mercy and patriotism can inspire the Prime Minister to allow Anwar unfettered access to proper medical care, even if only available outside Malaysia,” she said.
Nov 9, 2020 | DFF, Statements
MANILA — Members of ASEAN Parliamentarians for Human Rights (APHR) have been denied access to visit Senator Leila De Lima in prison today in Manila. Upon arrival at Camp Crame for their scheduled visit at 1:30pm, their vehicle was denied entry to the premises and the MPs were told that they would not be allowed to visit the Senator. After proceeding on foot to the custodial center where Sen. De Lima has been held for nearly eight months, they were told that they had to wait indefinitely for approval from the Chief of the Philippine National Police (PNP).
APHR had applied for formal permission for four members — lawmakers from Malaysia and the Philippines — to visit Sen. De Lima, following all proper protocols, including sending a request letter 10 days in advance. They did not receive any advance warning of the potential rejection of their request to visit the Senator, who is routinely allowed visitors, including individuals from the international community. MPs were told that despite regular visiting hours being in effect, the officers on duty had not received clearance from police headquarters to permit their visit.
“The authorities’ decision to deny us access to visit Senator De Lima at the very last minute only furthers the public perception that the Senator is a victim of political persecution by President Rodrigo Duterte,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament, and one of the MPs scheduled to visit the Senator.
“We reiterate our call for her immediate and unconditional release — she is a prisoner of conscience, jailed for her steadfast defense of human rights and criticism of violations by the Philippine authorities. This again demonstrates the deeply concerning state of democracy in the ASEAN region. Even in the Philippines — previously one of the most open societies in Southeast Asia — the government’s authoritarian restrictions betray a deep fear of legitimate public scrutiny,” he added.
Nov 9, 2020 | DFF, Statements
On the first anniversary of the grossly unjust imprisonment of land activist and human rights defender Tep Vanny, civil society organizations call for her release #FreeTepVanny
Photo by Omar Havana / APHR
PHNOM PENH, 14 August 2017 — Tep Vanny, one of Cambodia’s most prominent land activists and human rights defenders, will have spent one year in prison on 15 August for defending her community and exercising her human rights. We, the undersigned, condemn her arbitrary imprisonment. We call for her convictions to be overturned, for all ongoing politically motivated and unsubstantiated charges against her to be dropped, and for her immediate release from prison.
Tep Vanny has fought tirelessly to protect the rights of members of the Boeung Kak Lake community, following their forced eviction from their homes in Phnom Penh. More recently, she played a leading role in the so-called ‘Black Monday” campaign, challenging the arbitrary pre-trial detention of five human rights defenders, Lim Mony, Ny Sokha, Yi Soksan, Nay Vanda, and Ny Chakrya (the “Freethe5KH” detainees).
On 22 August 2016, following her arrest at a protest calling for the release of the five, she was convicted of ‘insulting of a public official’, and sentenced to six days in prison. However, instead of releasing her based on time served, the authorities reactivated dormant charges dating back to a 2013 protest and kept her in detention.
“It is clear that the authorities are using the courts to lock me up, silence my freedom of expression and break my spirit” said Tep Vanny. They want to stop me from advocating and seeking a solution for the remaining people from Boeung Kak Lake as well as other campaigns to demand justice in our society.”
On 19 September 2016, Tep Vanny was sentenced, along with three other Boeung Kak Lake community activists, to six months imprisonment for “insulting and obstructing public officials” in a reactivated case related to a 2011 peaceful protest calling for a resolution to the Boeung Kak Lake land dispute, despite the absence of credible inculpatory evidence. This conviction has since been upheld by the Court of Appeal on 27 February 2017. On 23 February 2017, following proceedings which fell short of fair trial standards,[1] Tep Vanny was convicted of “intentional violence with aggravating circumstances”, sentenced to a further 30 months in prison and fined more than 14 million riel (about US $3,500 – or twice the annual minimum wage in Cambodia) for having peacefully participated in protests calling for the release of her fellow activist Yorm Bopha, back in 2013.
While the #FreeThe5KH human rights defenders were released on bail on 29 June 2017, after having spent 427 days in arbitrary detention,[2] Tep Vanny remains in prison. She is currently on trial in a third reactivated case, facing charges of “public insult” and “death threats” brought by another member of the Boeung Kak Lake community, despite the complaint having been dropped by the community member.[3] On 8 August 2017, the Phnom Penh Court of Appeals upheld her February 2017 conviction.
Human rights defenders, like any other person, should enjoy all the fundamental freedoms and rights guaranteed by international human rights law and the Constitution of Cambodia. This includes the rights to freedom of expression, peaceful assembly and association guaranteed by the International Covenant on Civil and Political Rights, to which Cambodia is a State Party. The UN Declaration on Human Rights Defenders[4] affirms the right to promote and strive for the protection and realization of human rights and fundamental freedoms, as well as the duty of all states to allow them to work peacefully and safely, and to protect them from arrest, violence, threats, retaliation and any discrimination. In 2013, the UN General Assembly specifically recognized the valuable work of women human rights defenders, and the systemic and structural discrimination and violence they face, and called on States to ensure they can perform their important role.[5]
Human rights defenders are regularly subject to harassment through the criminal judicial system in Cambodia. Among the most commonly used tactics are suspended sentences and arbitrary resurrection of dormant charges which are used to intimidate human rights defenders and deter them from further activities. Tep Vanny’s current imprisonment is only the latest in a series of acts of harassment aimed at silencing her. It contributes to creating an atmosphere of fear for human rights defenders and other individuals throughout Cambodia. As a result of her imprisonment, Tep Vanny is prevented from carrying out her peaceful and valuable work as a woman human rights defender. Peaceful protest and expressions of dissent are not a crime, and human rights defenders should not be penalized for the exercise of their human rights.
“Tep Vanny is innocent. She is a woman who is greatly committed to fulfilling her duty as a citizen. Yet, she has been imprisoned three times already, because of the Cambodian judicial system” said Song Sreyleap, a fellow Boeung Kak Lake community activist. “Tep Vanny is the only woman activist in Cambodia who has been imprisoned and arrested so many times. This is very unjust for her; her children have to live without the mother’s care for one year. However, even with all the threats, her will remains unchanged.”
We call on the Cambodian authorities to quash the convictions of Tep Vanny, to release her from prison, and to cease their harassment of Ms. Tep Vanny and other Boeung Kak Lake activists through arrests, prosecution and imprisonment.
This joint statement is endorsed by:
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- Adil Soz – International Foundation for Protection of Freedom of Speech
- Amnesty International
- ARTICLE 19
- ASEAN Parliamentarians for Human Rights (APHR)
- Association of Caribbean Media Workers
- Boeung Bram community
- Boeung Chhouk Community
- Boeung Kak Community
- Boeung Trabek Community
- CamASEAN Youth’s Future
- Cambodia Development People Life Association (CDPLA)
- Cambodia Indigenous Youth Association (CIYA)
- Cambodian Alliance Trade Unions (CATU)
- Cambodian Center for Human Rights
- Cambodian Domestic Workers Network (CDWN)
- Cambodian Food and Service Workers’ Federation (CFSWF)
- Cambodian Human Rights and Development Association (ADHOC)
- Cambodian Independent Teacher Association (CITA)
- Cambodian Informal Economic Workers Association (CIEWA)
- Cambodian Labour Confederation (CLC)
- Cambodian League for the Promotion and Defense of Human Rights
- Canadian Journalists for Free Expression
- Cartoonists Rights Network International
- Center for Alliance of Labor and Human Rights (CENTRAL)
- Center for Independent Journalism – Romania
- Centro de Reportes Informativos sobre Guatemala – CERIGUA
- Digital Rights Foundation
- Equitable Cambodia (EC)
- FIDH, within the framework of the Observatory for the Protection of Human Rights Defender
- Foundation for Press Freedom – FLIP
- Free Media Movement
- Freedom Forum
- Gender and Development for Cambodia (GADC)
- Globe International Center
- Housing Rights Task Force (HRTF)
- Human Rights Watch
- Independent Journalism Center – Moldova
- Independent Monk Network for Social Justice (IMNSJ)
- Indigenous Youth at Brome Commune, Preah Vihear Province
- International Commission of Jurists (ICJ)
- International Press Centre (IPC)
- Khmer Kampuchea Krom for Human Rights and Development Association (KKKHRDA)
- Kuoy Ethnic Community, Prame Village, Preah Vihear Province
- Land Community, Prek Chik Village, Chikhor Kraom Commune, Koh Kong Province
- Land Conflict Community, Krenh Village, Pailin Province
- Land Conflict Community, Skun Village, Siem Reap
- Lor Peang community,Kampong Chhnang Province
- Media Institute of Southern Africa (MISA)
- National Union of Somali Journalists (NUSOJ)
- Norwegian PEN
- PEN American Center
- PEN Canada
- Ponlok Khmer
- Railway Station, Toul Sangkae A community
- Reach Sey Samaky Land Community Romchek Village, Battambang
- Samakum Teang Tnaut (STT)
- in
- SOS International Airport Community
- Southeast Asian Press Alliance
- The Alliance for Conflict Transformation (ACT)
- The Asia Democracy Network
- The Building and Wood Workers Trade Union (BWTU)
- Vigilance pour la Démocratie et l’État Civique
- World Association of Community Radio Broadcasters – AMARC
- World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
[1] Joint statement by civil society group, ‘Tep Vanny convicted again as para-police attacks supporters’ (23 Feb 2017), http://bit.ly/2lcS2TL.
[2] Press release by #Freethe5KH Campaign, welcoming their release and calling for all charges to be dropped (30 Jun 2017), http://bit.ly/2thSwjq.
[3] Joint press release: ‘Cambodia: drop charges against land rights defenders’ (14 Jul 2017), http://bit.ly/2uzdXgb.
[4] United Nations General Assembly Resolution, ‘Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms’ (8 Mar 1999), http://bit.ly/19w8LEm.
[5] United Nations General Assembly Resolution ‘Promotion of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: protecting women human rights defenders’, (18 Dec 2013), http://goo.gl/yz4xwt.
Nov 9, 2020 | BHR, DFF, Statements
JAKARTA — Southeast Asian lawmakers have called on Australian officials to press for improvements to the human rights situation in Laos when they meet with the Lao government for their fifth bilateral human rights dialogue tomorrow in Vientiane.
In a submission to the Australian government, ASEAN Parliamentarians for Human Rights (APHR) urged members of the delegation to raise critical concerns about restrictions on civil society and fundamental freedoms with their Lao hosts, and called for further inquiry into the case of Lao civil society leader Sombath Somphone, who disappeared after being stopped at a police checkpoint in Vientiane in December 2012.
“The human rights situation in Laos continues to be abysmal. Since Sombath’s disappearance, the space for independent civil society in the country – already one of the most repressive in the region – has narrowed considerably. Meanwhile, the public as a whole remains deeply fearful of raising sensitive issues,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament, who has made multiple visits to Laos since 2012 to inquire about Sombath’s disappearance, as well as the broader situation for civil society.
“The Australian government has a chance with this dialogue to push for change, but officials need to be straight with their Lao counterparts about the harm their failure to protect rights has done and continues to do to their international image, as well as about the urgent need for tangible improvements, including an end to arbitrary detention, enforced disappearance, and draconian restrictions on basic rights.”
In their submission, parliamentarians highlighted restrictive decrees proposed in 2014 governing local and international organizations, as well as specific statutes limiting rights to freedom of expression, assembly, and association, such as Articles 65 and 72 of the Penal Law, which criminalize “anti-government propaganda” and restrict organizing and participating in public gatherings. MPs also noted the decision of ASEAN civil society groups in 2016 not to hold their annual regional gathering in Laos – then serving as ASEAN Chair – citing concerns for the safety of participants.
ASEAN MPs conducted fact-finding missions to Laos in January 2013 and September 2014 to look into the case of Sombath Somphone. During meetings with government officials, they pressed for answers and provided recommendations for how to strengthen the investigation, but concluded that the Lao government was doing little to pursue leads and had erected a “brick wall of silence” around the inquiry.
“The disappearance of such a prominent and respected member of the ASEAN community was a blow to civil society across the region, and the failure to quickly investigate the case damaged the Lao government’s credibility. It is disappointing to see how little the investigation has progressed since,” said Walden Bello, an APHR Board Member and former Philippine Congressman who joined a parliamentary delegation to Laos in 2013.
“We have still not given up hope that Sombath’s case will be resolved, but in order for that to happen, the international community – including Australia – must continue to press the Lao government for answers.”
Parliamentarians urged Australia and Laos to make public the content and focus of their discussions, including any commitments by Lao authorities to specific targets for improvement.
“We commend the Australian government’s commitment to engaging with Lao officials on human rights, and the dialogue itself represents an important first step. But it’s critical that the event be a substantive discussion of important issues and an opportunity to push for real improvements in the situation, rather than a shield for the Lao government to ignore its international obligations,” Bello added.
Click here to read the full submission.
Correction: The Lao Penal Law was amended in 2005, and article numbers were changed from their placement in the previous law from 1989. The articles relating to “anti-government propaganda” and public gatherings are currently Articles 65 and 72, respectively, not Articles 59 and 66. The linked submission reflects the original content submitted to the Australian government and therefore has not been updated to reflect this correction.
