Dec 13, 2023 | DFF, Open Letters
To:
The European Union Parliament
The United States Congress
The Parliament of Canada
The Parliament of Australia
The Parliament of United Kingdom
The Parliament of New Zealand
The Parliament of Japan
Your Honors,
We, the undersigned civil society organizations, are writing to express our grave concerns about the state of human rights and democracy in Cambodia. Cambodia is continuing on its descent into authoritarianism following another electoral charade in the 2023 General Election. We urge the international community to take action before this decline is further cemented in the upcoming 2024 Senate Election.
The drastically deteriorating human rights situation in Cambodia has been well-documented by experts and civil society organizations, notably since former Prime Minister Hun Sen used the country’s courts to dissolve the opposition Cambodia National Rescue Party (CNRP) in 2017. This occurred shortly after the CNRP demonstrated itself to be a real threat for Hun Sen’s Cambodian People’s Party (CPP) in successive nationwide elections.
Following a systematic undermining and repression of political opponents, including by disqualifying the main opposition Candlelight Party, the 2023 General Election resulted in a landslide victory for the CPP, securing 120 of the 125 seats in the National Assembly. Shortly after the election, Hun Sen resigned and his son and former chief of the Cambodian army Hun Manet took over as Prime Minister.
Since then, Hun Manet has attempted to portray himself as a new start for Cambodia. However, Hun Sen’s continued dominance within the CPP and the continued attacks against political opposition clearly demonstrate that this is not the case.
After Hun Manet’s appointment, a dissident and his wife were brutally assaulted in broad daylight a month into Hun Manet’s term. This attack shares similarities with assaults reported earlier in 2023 against members of the opposition Candlelight Party where a group of men in black clothes and helmets on motorcycles assaulted opposition members with metal rods.
Meanwhile, opposition leaders continue to be prosecuted and convicted on trumped-up and politically-motivated charges. In October, Thach Setha, a vice president of the CLP, was sentenced to three years imprisonment for incitement to commit a felony and incitement to discriminate on the basis of race, religion, or nationality. The charge was based on remarks posted on social media that he made in January about then-Prime Minister Hun Sen’s relationship with neighboring Vietnam. This sentence came three months after Thach Setha was sentenced to 18 months imprisonment for allegedly passing fraudulent checks.
In the same month, the now-banned CNRP leaders Sam Rainsy, Mu Sochua, Eng Chhai Eang, Ho Vann, and 6 activists, were sentenced to prison terms in a case connected to social media comments made in 2021. The opposition leaders called for suspension of debt repayment during the COVID-19, while human rights activists called out high-ranking officials buying citizenship in Cyprus. Phnom Penh Municipal Court also issued an arrest warrant for the four opposition leaders, all of whom live outside of Cambodia. All 12 defendants were convicted of incitement and conspiracy to commit treason.
Hun Sen himself retains his title as the leader of the CCP, and has said he will become head of the Senate and of the Supreme Council of the King. He has further publicly expressed that he would “continue to wield influence behind the scenes” and may “retake the prime ministership” in the event of instability or in-fighting.
It is evident that the upcoming Senate Election is at risk of being another electoral charade without stronger demands and actions from the international community. The current electoral landscape has effectively blocked the Candlelight Party participation, and the threat of its complete disbandment continues to loom. We have received reports that local Candlelight Party councilors have been the target of intimidation and judicial harassment from CPP commune chiefs, with many being imprisoned on flimsy grounds, resulting in intense pressure to defect to the ruling party. This situation raises serious concerns about the freedom and fairness of the upcoming Senate election slated for February 2024.
While we applaud the attention and efforts to sanction the Cambodian regime, notably through the enactment of the Cambodia Democracy and Human Rights Act by the United States of America, we urge parliamentarians to take action to advocate for any undue restrictions or requirements on political parties that prevent them from exercising their democratic right to fully participate in the upcoming 2024 Senate elections, including in the case of the Candlelight party, and continue to deny the legitimacy of the noncompetitive 2023 General Elections. Through legislative action, we implore you to strongly call out the Cambodian government to end all forms of political persecution and immediately and unconditionally release political prisoners. It is imperative for parliamentarians of democratic countries to champion the restoration of a diverse and inclusive political landscape and to demand for an impartial investigation into violations of human rights and electoral irregularities. We also urge you to issue clear, unequivocal, and vocal statements about the ongoing election-related human rights violations.
Cambodia, as a member of the United Nations and a party to various international agreements and treaties, has an obligation to uphold democratic values and ensure free and fair elections. Without the international community’s unwavering attention and resolute action, the people of Cambodia are at risk of falling further into the hands of an authoritarian regime.
Your Honors, together, parliamentarians across the globe can join the global community in sending a clear message to the Cambodian government that its actions are unacceptable and will not be tolerated. We are confident in your dedication to democratic values and trust that you will demonstrate this by extending your support to the people of Cambodia.
Yours Sincerely,
ASEAN Parliamentarians for Human Rights (APHR)
Asia Democracy Network (ADN)
Asian Forum for Human Rights Development (FORUM-ASIA)
Asian Network for Free Elections (ANFREL)
CIVICUS: World Alliance for Civic Participation
Human Rights Watch
Click here to download the open letter.
Oct 27, 2023 | DFF, Statements
JAKARTA – Lawmakers from Southeast Asia strongly condemn the recent sentencing of Cambodian opposition leaders and activists to up to eight years imprisonment for posting comments criticizing the government on social media and urge the international community to take action against the continuing repression of the Cambodian people.
“Hun Manet has attempted to portray himself as a new start for Cambodia. These most recent sentences against members of the opposition for making comments on social media prove that his regime is just as draconian and anti-democratic as his father’s was,” ASEAN Parliamentarians for Human Rights (APHR) Co-Chair and former Malaysian MP Charles Santiago said today.
On 18 October, Candlelight Party vice president Thach Setha was sentenced to three years imprisonment for alleged incitement to commit a felony and incitement to discriminate on the basis of race, religion or nationality, based on social media comments he made that criticized the Cambodian government’s policy on Vietnam.
On 24 October, four former opposition parliamentarians in exile, Sam Rainsy, Mu Sochua, Eng Chhai Eang, and Ho Vann – the latter three of whom are APHR members – were sentenced to eight years imprisonment and a five-year ban from running for office for alleged incitement and conspiracy to commit treason. They were charged in relation to a series of Facebook comments about whether Cambodians should temporarily stop paying loans during COVID-19 as well as another set of Facebook comments about high-ranking Cambodian officials buying citizenships in Cyprus. Eight other opposition activists were also found guilty in the same case and sentenced to five years imprisonment.
“The charges brought against these opposition members are patently absurd and do not bear scrutiny. These clearly politically-motivated prosecutions reveal a government that is determined to stamp out even the mildest of critics,” said Santiago.
The sentences are a continuation of the repressive policies of former prime minister Hun Sen, the father of current Prime Minister Hun Manet. This year alone, Hun Sen has openly threatened opposition supporters with legal and physical violence, while his regime has shut down one of the country’s last remaining independent media outlets Voice of Democracy (VOD) and sentenced former CNRP leader Kem Sokha to 27 years of house arrest on trumped-up treason charges.
Shortly before the general elections in July, the Cambodian National Election Commission (NEC) rejected the registration of the main opposition Candlelight Party on administrative grounds, in what was clearly a manufactured bureaucratic obstacle designed to block the Candlelight Party from competing in the elections by any means possible.
“We stand in solidarity with APHR members and all other members of the opposition that have been the targets for baseless prosecution and harassment simply for peacefully expressing their political beliefs,” said Santiago.
APHR is deeply concerned that if these attacks against opposing voices are allowed to continue unabated, any real opposition that may stand against the regime in the upcoming Senatorial Elections in 2024 will be completely decimated and any remaining hope for democracy in Cambodia will be fully snuffed out.
“These sentences should shatter any illusions that the international community might have had about Hun Manet,” said Santiago. “We urge parliamentarians in Southeast Asia and worldwide to take legislative action, through a bill or resolution, condemning the human rights abuses of the Hun Sen and Hun Manet regimes and send a clear message to the Cambodian government that its actions are unacceptable and will not be tolerated.”
Jul 24, 2023 | DFF, Statements
JAKARTA – The farcical elections held in Cambodia must not be legitimized by the international community, Southeast Asian parliamentarians said in a press conference today, decrying the Hun Sen regime’s relentless attacks against human rights defenders and opposition parties prior to election day.
“This year alone, Hun Sen and his regime have publicly threatened opposition supporters with legal action and physical violence, shuttered one of the country’s last independent media outlets, sentenced an opposition leader to 27 years imprisonment on ridiculous charges, and banned the sole viable opposition party,” said ASEAN Parliamentarians for Human Right Co-Chairperson and former Malaysian member of parliament Charles Santiago.
“Given all these blatant efforts to undermine free and fair polls, what happened yesterday in Cambodia can only be called ‘elections’ in the loosest sense of the word,” said Santiago. “In effect, it was yet another coronation for Hun Sen and his cronies.”
The Cambodian general elections were held on Sunday, 23 July, with three parties participating in the vote. However, the country’s largest opposition party, the Candlelight Party, was barred from participating in the election on dubious administrative grounds in May. Human Rights Watch reported that numerous Candlelight Party members and supporters have been arbitrarily arrested and harassed in the run-up to the elections. After the polls closed, Hun Sen said that voter turnout reached 84 percent and state-affiliated media has claimed that the ruling Cambodian People’s Party is on course to win 120 out of 125 seats in the National Assembly.
“These types of so-called ‘elections’ have increasingly become the tools of authoritarian leaders to consolidate their power, undermining elections as one of the core pillars of democracy,” said APHR Board Member and former member of the Indonesian House of Representatives Eva Kusuma Sundari. “The international community must not fall into the trap of legitimizing this pantomime.”
In its pre-election assessment mission report, Asian Network for Free Elections (ANFREL) noted that the clear bias of the National Election Commission (NEC) combined with a deteriorating political situation has compromised “the integrity and credibility of the electoral process.” Its initial findings from monitoring election day were no different.
“There is a serious question on the genuineness and electoral competitiveness of yesterday’s elections with the whole process from pre-elections to election day respecting any of internationally accepted election standards,” said ANFREL Executive Director Chandanie Watawala.
The International Commission of Jurists (ICJ) also raised its grave concerns about the judicial harassment of opposition supporters and activists.
“Whether the general election was free and fair has to be seen within the human rights and rule of law crisis in Cambodia. This crisis is being further entrenched by the intensified assaults against the rights to freedom of expression, peaceful assembly, association and political participation. In the lead-up to the elections, there were mass convictions of opposition party leaders on spurious charges, weaponization of laws that are non-compliant with human rights law and standards against human rights defenders, and acts of violence and incitement of violence against perceived political opponents with impunity,” said ICJ Associate International Legal Adviser Daron Tan.
“At every step of the way, PM Hun Sen has violated the rights of civil society activists, independent media, political opposition figures while ensuring the full weight of the Cambodian state backs his party,” said Human Rights Watch Asia Deputy Director Phil Robertson. “This entire election was a charade designed solely to give Hun Sen and the CPP a justification to say that they are democratic when in reality they are presiding over a deepening dictatorship.”
“We call on parliamentarians of democratic countries across the world to use their legislative mandate in parliament to unequivocally denounce the 2023 electoral exercise in Cambodia as undemocratic,” said Sundari. “We must pressure the Cambodian government to end all forms of political persecution and immediately and unconditionally release political prisoners. There must also be an independent investigation into human rights violations and electoral irregularities, with the aim of ensuring accountability.”
Jul 22, 2023 | DFF, Statements
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.
- AccessNow
- ASEAN Parliamentarians for Human Rights (APHR)
- Asian Democracy Network (ADN)
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Asian Network for Free Elections (ANFREL)
- The Coalition for Free and Fair Elections (BERSIH)
- Citizen Congress Watch (CCW)
- Electoral Support Network of Southern Africa (ESN-SA)
- Inter-American Network for Election Observation and Electoral Integrity
- International Federation for Human Right (FIDH)
- Komite Independen Pemantau Pemilu (KIPP)
- Legal Network for Truthful Elections (LENTE)
- National Election Observation Committee (NEOC)
- ODHIKAR
- People’s Actions for Free and Fair Elections (PAFFREL)
- Perkumpulan untuk Pemilu dan Demokrasi (PERLUDEM)
- Transparent Elections Foundation of Afghanistan (TEFA)
Jul 20, 2023 | DFF, Open Letters
To:
The European Union Parliament
The United States Congress
The Parliament of Canada
The Parliament of Australia
The Parliament of United Kingdom
The Parliament of New Zealand
Your Honors,
We, the ASEAN Parliamentarians for Human Rights, are writing to express our grave concerns about the state of human rights and democracy in Cambodia. Despite hollow attempts to prove the contrary, Cambodia is continuing on its descent into authoritarianism, which is of great concern not only to the people of Cambodia and the region, but also to the international community.
The situation related to human rights and democracy has drastically deteriorated in Cambodia in recent years, notably since Prime Minister Hun Sen used the country’s courts to dissolve the opposition Cambodia National Rescue Party (CNRP) in 2017. This occurred shortly after the CNRP demonstrated itself to be a real threat for Hun Sen’s Cambodian People’s Party in successive nationwide elections.
This year alone, Hun Sen has openly threatened opposition supporters with legal and physical violence, while his regime has shut down one of the country’s last remaining independent media outlets Voice of Democracy (VOD), threatened to shoot a former opposition leader with a rocket launcher for any attempt to step on Cambodian soil, and sentenced former CNRP leader Kem Sokha to 27 years of house arrest on trumped-up treason charges. This is on top of the forced defection of political prisoners, through means such as depriving those them of desperately needed medical care as well as the prior years of mass trials for both opposition party members and activists, invoking actions taken by the Khmer Rouge to silence, shut down, and even kill anyone acting as a dissident.
Earlier this month, the Cambodian National Election Commission (NEC) rejected the registration of the main opposition Candlelight Party for the upcoming July elections on administrative grounds, stating that not having their initial notarized registration document from 1998 prohibited them from running. In addition to this not being a requirement in last years’ commune elections, the document in question disappeared in 2017 when authorities raided CNRP headquarters, thus preventing it from being provided. This manufactured bureaucratic obstacle, designed to block the Candlelight Party from competing in the elections by any means possible, was then affirmed on May 25th by Cambodia’s Constitutional Council, essentially making this an unopposed election for the CPP. The amendment to the Election Law has further clamped down the freeness and fairness of the upcoming elections by prohibiting those who will abstain from voting in next month’s general elections from running as candidates in future polls. Furthermore, the new election amendment will impose criminal liability on citizens who disrupt and boycott the election.
The government of Hun Sen appears determined to drive the final nail into the coffin of Cambodia’s democracy, which is guaranteed by the Paris Peace Agreements of 1991. Any elections held under the present circumstances cannot possibly be free and fair, nor should any government created from such elections be recognized as legitimate by the international community.
While we appreciate the attention to the anti-democratic actions of the Cambodian government and the decision to not send official observers, the authoritarian nature of Hun Sen is not impacted by words or morality, only action.
We therefore urge you to take stronger actions to deny legitimacy to the July elections as it is becoming increasingly clear that Hun Sen is intent on using the elections as just another tool to consolidate his power. We implore you to take action as parliamentarians to use your legislative mandate in parliament to unequivocally denounce the 2023 electoral exercise in Cambodia as undemocratic. Through legislative action, we implore you to strongly call out the Cambodian government to end all forms political persecution and immediately and unconditionally release of political prisoners, advocate for the reinstatement of a politically diverse and inclusive environment, and call on an independent investigation into human rights violations and electoral irregularities, with the aim of ensuring accountability.
By taking legislative action, through a bill or resolution, condemning the human rights abuses of Hun Sen’s regime, you would join the global community in standing up for democracy and human rights, sending a clear message to the Cambodian government that its actions are unacceptable and will not be tolerated.
Cambodia, as a member of the United Nations and a signatory to various international agreements and treaties, has an obligation to uphold democratic values and ensure free and fair elections. Unless the international community takes strong actions for the 2023 election, nothing will prevent Hun Sen from further solidifying his decades-long dictatorship.
Your honors, as you yourselves have come to power in democratically-held elections with strong human rights protections, we are sure that you recognize and understand the importance of human rights and democracy to the prosperity and well-being of a nation. We have confidence in your commitment to these principles and hope that you will demonstrate that commitment by coming to the aid of the people of Cambodia.
Yours sincerely,
ASEAN Parliamentarians for Human Rights (APHR)
