Jun 8, 2023 | DFF, Open Letters
8 June 2023
To: The United States Congress
Your Honors,
We, 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 United States.
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 had run Hun Sen’s Cambodian People’s Party (CPP) close 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 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.
People like Hun Sen are not impacted by words or morality, only action. Such as those recently taken by the United States against Bangladesh, to help ensure that there would be, “free, fair, and peaceful elections.” By restricting visas for Bangladeshis who undermine the democratic process in their upcoming election, the United States has proven that the support for democracy is real and that there will be consequences for those who oppose it.
As the United States is willing to do so with Bangladesh, similar actions must be taken with Cambodia, not just on human rights grounds, but because the more authoritative it becomes, the likelier it is to work in concert with countries that are in opposition to United States’ interests. Such sanctions should be enacted against not merely the criminal regime itself, but against those who support it, allowing for such gross violations of human rights. At a minimum, this should include the armed forces who are being used by Hun Sen to intimidate and are ready to kill, the business tycoons that help support the regime financially through means such as illegal deforestation, and the judicial bodies, including both judges and election commissions, that allow the mass trials and this sham election to take place.
While we and the international community appreciate your State Department’s recent comments of being “deeply troubled” by the anti-democratic actions of the Cambodian government and the decision to not send official observers, we implore you, members of Congress, to help the United States take stronger action. While critical words show Cambodia and the rest of the world how the United States feels about recent and upcoming events, unfortunately Cambodians and the rest of the region require more than words. Authoritarianism is a global threat that continues to grow, especially in Southeast Asia. Governments throughout the region have been taking unprecedented action against dissent and opposition, and Cambodia’s success in destroying the democratic process without international intervention will provide other countries with the blueprint to do so as well.
We therefore urge the United States to pressure the Cambodian government to unconditionally release all political prisoners, halt the constant harassment and prosecution of political opponents, and allow for the will of the people to prevail through a free and fair electoral process. Thus creating an environment that allows for opposition parties to register for and compete in the upcoming elections.
If the Hun Sen regime persists in trying to hamstring the opposition, then the United States must refuse to accord legitimacy to 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.
Unless the international community takes some form of action now, nothing will prevent Hun Sen from further solidifying his decades-long dictatorship by eliminating any semblance of a democratic system.
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)
May 19, 2023 | DFF, Open Letters
To: G7 Leaders
H.E. Justin Trudeau, Prime Minister of Canada
H.E. Emmanuel Macron, President of France
H.E. Olaf Scholz, Chancellor of Germany
H.E. Giorgio Meloni, Prime Minister of Italy
H.E. Fumio Kushida, Prime Minister of Japan
H.E. Rishi Sunak, Prime Minister of the United Kingdom
H.E. Joseph R. Biden, President of the United States of America
19 May 2023
Your Excellencies,
We, ASEAN Parliamentarians for Human Rights, are writing to express our grave concerns about the state of human rights and democracy in Southeast Asia, particularly with regard to Myanmar and Cambodia.
We are monitoring the increasing authoritarian tendencies in the region, with continued human rights violations and attacks on political opponents and activists by authoritarian governments in Brunei, Viet Nam, and Lao PDR, as well as a trend of shrinking civic space, even in nominally democratic countries such as Indonesia, Singapore and the Philippines. We are deeply troubled by these developments, and we believe that if the situations in Myanmar and Cambodia are allowed to go on without a serious response from the international community, repressive and undemocratic regimes will be further emboldened, endangering the progress in democracy and human rights that has been achieved in the region in the past few decades.
Since the coup d’etat led by Senior General Min Aung Hlaing in February 2021, the political and humanitarian situation in the country has continued to deteriorate and has reached alarming levels. In the past two years, the Myanmar military has waged an all-out war on its own people, through he arbitrary arrests of thousands of anti-junta activists and their family members; the routine use of torture of detainees, often with lethal consequences; the shooting of unarmed protesters, air strikes against civilians in Myanmar’s ethnic areas, the burning of whole villagers, and extrajudicial killings.
Last year, the junta also executed four political prisoners, including former lawmaker Phyo Zeya Thaw and prominent activist Kyaw Min Yu, widely known as ‘Ko Jimmy’. These death sentences were the first known judicial executions in Myanmar since 1988 and show the increasing brutality of Min Aung Hlaing’s regime.
Most recently, air strikes in the Sagaing Region have killed more than 160 civilians, including children. According to an investigation by Human Rights Watch, the Myanmar military used “thermobaric” munitions during the air strikes, a violation of international human rights law and an apparent war crime.
Throughout all these atrocities, the junta has largely gone unchecked. While ASEAN leaders agreed on a Five-Point Consensus on Myanmar with Min Aung Hlaing in April 2021, the junta leader has since clearly demonstrated that he has no intention to abide by the agreement, and ASEAN leaders have displayed little desire to pressure him to do so. The latest statement from the regional bloc following the 42nd ASEAN Summit earlier this month shows an utter lack of urgency and gives little hope that ASEAN will change its approach to Myanmar.
The International Parliamentary Inquiry into the global response to the Myanmar coup (IPI), which was organized by APHR, wrote in its final report last year that the international community has largely failed to support the pro-democracy movement in Myanmar. It is more crucial than ever to correct this failure and make sure that the junta faces consequences for its actions and put an end to their ability to bring further death and destruction upon the people of Myanmar.
We therefore urge the G7 to take swift and firm measures against the illegal military junta led by Senior General Min Aung Hlaing, and provide real assistance to the pro-democracy forces in Myanmar. Those measures should include targeted economic sanctions against the military junta, a comprehensive arms embargo including on aviation fuel, and referral of the situation in Myanmar to the International Criminal Court or the establishment of an ad hoc tribunal.
Another worrying situation is the one in Cambodia, whose continuing descent into authoritarianism is of great concern and does not bode well for the region. 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, shortly after it had run his Cambodian People’s Party (CPP) close 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) and sentenced former CNRP leader Kem Sokha to 27 years of house arrest on trumped-up treason charges.
Earlier this week, the Cambodian National Election Commission (NEC) rejected the registration of the main opposition Candlelight Party for the upcoming July elections 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.
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.
We therefore urge the G7 to pressure the Cambodian government to unconditionally release all political prisoners, halt the constant harassment and prosecution of political opponents, and allow for the will of the people to prevail through a free and fair electoral process, first by creating an environment that allows for opposition parties to register for and compete in the upcoming elections.
If the Hun Sen regime persists in trying to hamstring the opposition, then the G7 must refuse to accord legitimacy to 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.
Unless the international community takes some form of action now, nothing will prevent Hun Sen from further solidifying his decades-long dictatorship by eliminating any semblance of a democratic system.
Your Excellencies, as you yourselves have come to power in democratically-held elections in countries 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 Myanmar and Cambodia.
Recognizing the powerful role you play as leaders of the largest advanced economies in the world, we urge you to take immediate and decisive action to change the course in both countries. Doing so will have a significant impact on neighboring countries in Southeast Asia and will pave the way for a more politically stable region where lasting peace becomes attainable and where economic development can take place with the people’s best interests at the center.
Sincerely,
ASEAN Parliamentarians for Human Rights (APHR)
May 16, 2023 | DFF, Statements
JAKARTA – ASEAN Parliamentarians for Human Rights (APHR) condemns the Cambodian government’s continued efforts to undermine and block opposition parties from participating in the upcoming general elections in July.
“The Hun Sen regime once again shows its utter disdain for the principles of democracy and unwillingness to compete in free and fair elections,” APHR Board Member and former Thai minister of foreign affairs Kasit Piromya said today. “If it wants the world to take the results of the July elections seriously, the Cambodian government must halt all efforts to hamstring its opponents and instead ensure a space for all parties to participate.”
The latest government effort to thwart the opposition comes in the form of the bureaucratic stonewalling of the main opposition Candlelight Party, which has been disqualified by Cambodia’s National Election Committee (NEC) for supposedly failing to submit “proper registration documents”.
The NEC had demanded that the Candlelight Party, which was formerly called the Sam Rainsy Party and had previously merged with the Human Rights Party to form the Cambodia National Rescue Party (CNRP) until the latter’s dissolution in 2017, produce its original party registration document from the Ministry of the Interior.
In the past, including during local elections in May 2022, the Candlelight Party was able to use a photocopy of the letter to register for the polls, as the original was lost during police raids on CNRP’s headquarters in November 2017. The NEC has nevertheless insisted on the original documents.
“The Cambodian government is clearly fishing for any excuse to block opposition parties from competing. Disqualifying a party on the basis of such a small technicality fools absolutely no one and just serves as another show of the Hun Sen regime’s bad faith dealings,” said Piromya. “We call on the Cambodian government to allow the registration of the Candlelight Party and any other opposition parties for the upcoming elections.”
These latest tactics come hand-in-hand with direct physical intimidation. As Human Rights Watch has documented, at least six opposition party members have been assaulted by unidentified men riding motorcycles, since Hun Sen publicly threatened opposition supporters with violence in January. . There have been at least six cases in recent months, after Prime Minister Hun Sen on January 9 publicly threatened opposition supporters with violence.
Previously, in March 2023, former CNRP leader Kem Sokha was sentenced to 27 years of house arrest and barred from running for political office or voting in elections after being found guilty on trumped-up treason charges. He was convicted over absurd accusations of conspiring with the United States to overthrow Hun Sen.
“It is disheartening to see Cambodia continuing on this trajectory, especially when recent elections in neighboring countries such as Malaysia and Thailand show how free and fair elections can breathe new life into democracy in countries long-dominated by authoritarian rule,” said Piromya.
“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. If the Hun Sen regime persists in blocking opposition parties from participating, then the international community must refuse to accord legitimacy from a government which claims an electoral mandate from a bogus election.”
Feb 14, 2023 | DFF, Statements
JAKARTA — Parliamentarians from Southeast Asia condemn in the strongest terms the shutting down of the last independent media outlet operating in Cambodia, Voice of Democracy (VOD), regarded as the voice of millions of Cambodians, by the regime of Prime Minister Hun Sen and call on the Cambodian government to respect and uphold freedom of the press, especially at this moment, with the upcoming general elections scheduled for July 2023.
According to media reports, last week VOD published a story stating that Hun Sen’s son, Hun Manet, had signed on behalf of his father an agreement to provide earthquake aid to Turkey, quoting a statement from government spokesperson Phay Siphan.
Hun Sen alleges that the story was false and hurt the “dignity and reputation” of the Cambodian government, as Hun Manet, who is deputy commander of the country’s military, does not have the authority to approve foreign aid. VOD has apologized for the mistake, but the Prime Minister ordered the Ministry of Information to cancel VOD’s license.
“Shutting down an independent media outlet due to a single perceived ‘mistake’ is a blatant violation of freedom of the press. This is unacceptable in any circumstance, even more so when elections are set to be held in a few months’ time. Cracking down on a media outlet like VOD at the first opportunity not only serves to silence it, but also anyone else who might consider writing anything critical of the government. How can there be free and fair elections under such a climate of fear and self-censorship?,” said Mercy Barends, Chairperson of ASEAN Parliamentarians for Human Rights (APHR) and member of the Indonesian House of Representatives.
The shutdown of VOD is the latest in a long series of steps that the Cambodian government has taken in recent years to suppress criticism against the government. In 2017 and 2018, two independent newspapers, The Cambodian Daily and The Phnom Penh Post, were closed and bought out, respectively, after being hit by exorbitant tax bills. The government has also used articles in the criminal code, as well as COVID-19 regulations, to prosecute journalists and social media users that question or criticize government policies.
Besides the press, the Hun Sen regime has also cracked down on its political opponents, by arbitrarily dissolving the main opposition party, the Cambodia National Rescue Party (CNRP), in 2017 and more recently by threatening legal action and physical violence against the country’s remaining opposition parties.
“Hun Sen’s flagrant flouting of democratic principles and civil rights cannot continue to be left unanswered. ASEAN, and the global community in general, must denounce these authoritarian tactics and demand that the Cambodian government uphold freedom of the press and freedom of expression in order to create a climate conducive to a free and fair election. Until the government allows independent journalism to flourish in the country, releases all political prisoners, and allows opposition parties to express their political views without fear of reprisals, any elections held in Cambodia will be just a farce,” said Barends.
Jan 12, 2023 | DFF, Statements
JAKARTA – Parliamentarians from Southeast Asia are denouncing as a direct attack on democracy the threats of physical violence and legal action made by the Cambodian Prime Minister, Hun Sen, to anyone who dares to criticize his party, the ruling Cambodian People’s Party (CPP), ahead of the general election scheduled for July this year.
According to media reports, Hun Sen has warned the opposition that, if someone expresses any criticism against the CCP, “there are only two options: one is using legal action, the other is using sticks…. What do you want? Either you face legal action in court or I rally CPP people for a demonstration and beat you guys up.”
“Threats of physical violence, especially from a man who has ruled his country for almost four decades and has turned it into a dictatorship, should send chills down the spine of anyone who believes in democracy. Hun Sen and his regime have a long story of silencing, harassing, and persecuting the opposition, and his threats are fully consistent with that. He should be unreservedly denounced for eroding democratic institutions in Cambodia,” said Mercy Barends, Member of the Indonesian House of Representatives, and Board Member of ASEAN Parliamentarians for Human Rights (APHR).
The Hun Sen regime has steadily consolidated itself over the years. The main opposition party, and the only that posed a challenge to the CPP hegemony, the Cambodia National Rescue Party (CNRP), was arbitrarily dissolved in 2017. That opened the way for the CPP to win all 125 seats in parliament at the national elections held the following year, turning Cambodia into a de facto one-party state tightly controlled by Hun Sen, in power since 1985, and his allies.
The CPP has used the judiciary as a tool to persecute and jail members of the opposition. Dozens of CNRP leaders and members have been charged with treason and sentenced in kangaroo trials, including the party’s former President, Sam Rainsy, and its Vice-President, and Board Member of APHR, Mu Sochua, both in exile. The leader of the opposition inside the country, Kem Sokha, was jailed in 2017, and then released in 2019, but he is not allowed to leave Cambodia or engage in political activities, and stands accused of treason in a case that has been dragging on for years.
“In contemporary Cambodia, the judiciary is just another instrument put at the service of Hun Sen and his cronies to cement their power, and separation of powers, one of the main pillars of democracy, simply does not exist. By threatening legal action against its critics in the same breath that he is threatening physical attacks by his followers, Hun Sen is making very clear how he sees both: as lackeys whose sole raison d’être is to do his bidding,” said Barends.
Currently the main opposition party operating inside the country is the Candlelight Party, which managed to get over 22 percent of the votes in the Communal and Sangkat Elections held in June 2022, despite a campaign of intimidation launched by the government during the campaign.
Yet harassment is not confined to politicians, as human rights activists, journalists or union leaders have also been persecuted by the regime. One of the most prominent cases is that of Cambodian-US lawyer Theary Seng, who was sentenced in June 2022 to six years in jail for criticizing Hun Sen on Facebook, along with dozens others. Meanwhile, the trade union leader Chhim Sithar was arrested in November for allegedly breaking the terms of her bail.
“As the general election in Cambodia approaches, ASEAN and the global community at large should not be fooled into believing that it can be a democratic process in the conditions prevailing now in the country. They should put real pressure on the Cambodian government to unconditionally release all political prisoners, stop its campaign of harassment against the opposition, and comply with the terms of the Paris Peace Accord, signed in 1991 and designed to put the country on a democratic path,” added Barends.
