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.
Dec 8, 2023 | DFF, Statements
JAKARTA – As we come towards the end of this year’s 16 Days of Activism against Gender-Based Violence, ASEAN Parliamentarians for Human Rights (APHR) calls on the international community to work to ensure the protection of women in Myanmar, particularly as the illegal junta’s military losses continue to mount.
“Sexual and gender-based violence has long been used as a weapon of war by Min Aung Hlaing’s junta, and we are concerned that this will escalate as the junta seeks retaliation for their recent losses,” APHR Chair and member of the Indonesian House of Representatives Mercy Barends said today. “The international community must not allow this to happen.”
As Naw Hser Hser of the Women’s League of Burma (WLB) said in her statement to the United Nations Security Council earlier this year, “using sexual violence to attack civilian populations has long been the military’s modus operandi.” In 2017, Human Rights Watch found that the military had systematically used gang rape and other forms of sexual violence against Rohingya women and girls.
Meanwhile, since the attempted coup in February 2021, the WLB has documented over 100 cases of conflict-related sexual and gender-based violence, though the actual number of cases is likely much higher. A 2022 Amnesty International report also found that women and LGBTI post-coup detainees were subjected to “sexual violence, harassment and humiliation including invasive body searches.” Amnesty recounted that one transwoman detainee, Saw Han Nway Oo, was tortured and mocked for using feminine pronouns. Another woman detainee, Ma Htoo, said that male guards would come into the women’s cells at anytime
“We urge the international community to prioritize making international accountability mechanisms available for the survivors of sexual and gender-based violence in Myanmar,” said Barends. “A lack of action only emboldens the junta to continue to commit these violations with impunity.”
As part of this, APHR calls on the UN Security Council to refer the Myanmar junta to the International Criminal Court (ICC) and use universal jurisdiction to prosecute the junta for the systematic sexual violence as well as other crimes of humanity that it has committed.
“ASEAN, particularly the chairmanship ‘troika’, must realize that even as the junta continues to suffer military defeats, the regime is inevitably going to escalate its violence against the civilian population, which will no doubt result in more cases of sexual and gender-based violence,” said Barends.
APHR, therefore calls on ASEAN to pressure the UN Security Council to adopt strong measures to ensure the junta’s compliance to Security Council Resolution 2669, including targeted economic sanctions, a comprehensive arms embargo, as well as the aforementioned referral to the ICC.
“As we approach the third Human Rights Day since the illegal coup, the international community still has not done nearly enough to defend and uphold the human rights of the people of Myanmar. We hope that this shameful pattern ends today,” said Barends.
Dec 4, 2023 | DFF, Tools for MPs
Leaders across Southeast Asia are increasingly adopting laws that restrict fundamental freedoms. In this context, parliamentarians, through their legislative mandate, become an important shield against further erosion of human rights. Members of Parliament (MPs) can repeal or amend restrictive bills as they reach parliament.
To be able to engage them effectively, APHR and civil society organizations in Southeast Asia must be able to understand and know the parliamentary legislative process. However, the legislative system can seem complex to those unfamiliar with it and is perceived as overwhelming or intimidating to many who try to navigate it in almost absolute darkness.
To respond to this gap, APHR carried out research in a total of five countries in Southeast Asia, including Malaysia, to better understand and unpack the legislative processes in each country. The research covered the legislative process, including the different stages a bill can go through, how to write an amendment, who can initiate a bill, what is the usual practice in the country, as well as effective entry points for law reform advocacy.
The research was completed in early 2023 and it was based on desk research, including a review of Constitutions, parliamentary rules and procedures, Speaker rulings, reports, and other relevant sources. Interviews with MPs, MPs staff, and civil society were also carried out to ensure the research reflected the actual practices or conventions on the ground.
The research is then developed into a pedagogical and accessible report to explain the different steps in the legislative procedures and where MPs can intervene to either amend or repeal a law and to be made available to civil society partners to engage more effectively with the parliamentary process.
DOWNLOAD THE TOOLKIT HERE
Nov 28, 2023 | DFF, Statements
JAKARTA – As the campaign period for the 2024 general elections kicks off in Indonesia, ASEAN Parliamentarians for Human Rights (APHR) calls on all candidates to compete in a fair and peaceful manner. APHR also reminds Indonesian state institutions to remain neutral.
“As the largest nation in the region, ASEAN countries often look to Indonesia as a model. We hope that all participants in the upcoming elections – candidates, parties, and officials – can be a positive example for young democracies across Southeast Asia and around the world,” APHR Co-chair and former Malaysian member of parliament Charles Santiago said today.
Three presidential and vice presidential candidate pairings have been officially registered and are set to compete for the top executive position. Meanwhile, 18 national political parties – as well as six local Aceh parties – will be vying for 20,614 legislative seats at the national, provincial, and local levels. The campaign period starts on 28 November and the elections are scheduled to take place on 14 February 2024.
The presidential tickets consist of former Jakarta Governor Anies Baswedan and Deputy House of Representatives Speaker Muhaimin Iskandar; Defense Minister Prabowo Subianto and Surakarta Mayor – and son of incumbent President Joko Widodo – Gibran Rakabuming Raka; and former Central Java governor Ganjar Pranowo and Coordinating Minister for Legal and Political Affairs (Menkopolhukam) Mahfud MD.
“It is of the utmost importance that state institutions maintain strict neutrality during the campaign and election period, especially since many of the candidates are current government officials. Any appearance of impropriety can affect the public’s perception of the legitimacy of the elections,” said Santiago.
In previous elections, opposing candidates supporters’ often reported each other to the police using vague provisions in laws like the Electronic Information and Transactions (ITE) Law, which has been criticized by civil society organizations for violating freedom of expression and which APHR has previously called to be revised. Several members of the Ganjar-Mahfud campaign team have already been reported to the police under the ITE Law for criticizing other candidates and the government.
“We urge all candidates and parties to ask their supporters to refrain from using legal harassment in response to criticism from political opponents. A sharp exchange of opinions is normal during elections and should be welcomed as part of the democratic process,” said Santiago. “Nevertheless, we also urge candidates to steer clear of smear campaigns and other underhanded tactics that will only result in unnecessary rancor.”
Meanwhile, vote-buying remains a widespread problem in Indonesia, with a 2019 study finding that 33 percent of voters had received money or goods in exchange for their votes during the 2014 legislative elections.
“Candidates and parties should engage in issue-based campaigning and avoid vote-buying and other forms of transactional politics; these tactics not only harm democracy but have also been proven to be ineffective,” said Santiago. “We also call on election management bodies and other law enforcement agencies to maintain a level playing field by enforcing all rules fairly.”
The 2024 elections will be Indonesia’s fifth direct presidential election and the sixth legislative election since the start of the Reformasi era in 1998.
“Indonesia’s democracy and civil society has come far since the fall of the authoritarian New Order regime 25 years ago . However, in recent years many academics and activists have raised concerns about the country’s democratic backsliding and shrinking civic space. We hope that Indonesia can use these elections to alleviate those concerns, rather than compound them,” said Santiago.
Nov 20, 2023 | DFF, Statements
A statement calling on the United Nations to appoint a special rapporteur on democracy has been signed by more than 80 civil society organizations, networks, think tanks and institutions as well as numerous individuals from across the world united by their commitment to human rights and democracy.
According to the document, which was released today and is endorsed by ASEAN Parliamentarians for Human Rights (APHR), “democracy is threatened and authoritarianism is on the rise”. In this situation, the UN “needs to do more to strengthen human rights and democracy”, the statement says. The new rapporteur position would be created by the UN’s Human Rights Council in Geneva and “mandated to investigate the state of democracy around the world.”
The joint appeal is made ahead of the 75th anniversary of the Universal Declaration of Human Rights that is coming up on 10 December 2023. Like-minded organizations, policy-makers and individuals are invited to sign on.
- “The global trend of democratic decline is a serious concern for parliamentarians everywhere, but particularly in Southeast Asia, where young democracies across the region risk backsliding into authoritarianism. We urge the UN to give this issue the serious attention it deserves, starting with the appointment of a Special Rapporteur,” said APHR Board Member and Malaysian Member of Parliament Wong Chen.
- “In a world facing democratic challenges, Democracy International supports the call for a UN Special Rapporteur on Democracy. Despite the evolving threats, this mandate, rooted in UN principles, symbolizes our optimism for a future where strengthened democratic values prevail”, said Eric Bjornlund, CEO and President, Democracy International.
- “Democracy is a human right and human rights depend on democracy. The UN can no longer look the other way while this right is being denied, undermined and weakened in many countries around the world. A UN rapporteur on democracy is urgently needed”, said Andreas Bummel, Executive Director, Democracy Without Borders.
- “In a world where threats to democracy and fundamental freedoms undermine essential human rights, we must continue to support, at the highest levels, those working on the front lines and behind the scenes working on the intersection of human rights and democracy. A UN Special Rapporteur on Democracy will help keep these issues at the forefront and signal to naysayers that democratic principles and practices offer the best conditions for peace and prosperity”, said Dr Ann Hudock, President and CEO, Counterpart International.
- “Threats to democratic principles and institutions are a global issue. The establishment of a UN Special Rapporteur on Democracy will support our legislative work, especially when drafting evidence-based legislation and policies that promote integrity in political speech, transparency in government and the protection of fundamental human rights”, said Naveed Qamar, Member of Parliament from Pakistan and President of Parliamentarians for Global Action.
- “Today more than ever, global citizens and their civil society require focused tools, actions, and actors to effectively counter democratic regression. A UN rapporteur dedicated to this purpose could provide substantial assistance”, said Gina Romero, Executive Director, Red Latinoamericana y del Caribe por la Democracia, the platform for pro-democracy groups in Latin-America and the Caribbean.
- “In a time when democracy is challenged by autocracies and undermined in many democracies, the proposal of a UN rapporteur on democracy deserves urgent and serious consideration. It is fully endorsed by the V-Dem project and its Steering Committee”, said political scientist Staffan Lindberg, Director, Varieties of Democracy Institute (V-Dem) at the University of Gothenburg.
- “A robust and healthy civic space forms the cornerstone of accountable and responsive democratic governance. Democracy cannot exist without the protection and promotion of civic space, and a democratic society offers the best conditions for guaranteeing an enabling environment. The mandate of a UN rapporteur on democracy is key to ensuring that civil society and civic space remain at the heart of democracy”, said Sigrid Lipott, UN Advisor in Geneva of CIVICUS: World Alliance for Citizen Participation.
- “People believe in democracy. But their hopes are being crushed as states fail to deliver and trample on the rules that protect us. At a time of crisis and contested narratives, the UN must use every possible tool to empower people: a Special Rapporteur on Democracy would be a good start”, said Natalie Samarasinghe, Global Director of Advocacy, Open Society Foundations.
- “Democracy is a fundamental human right that cannot be taken for granted in any corner of the world. In recent years, we have seen backsliding, erosion, and authoritarian encroachment that democracy champions have bravely stood against across the globe. They must not stand alone. The UN Special Rapporteur system is an invaluable tool for advancing human rights. It is time that this powerful mechanism be deployed in support of democracy,” said Rebecca A. Shoot, Executive Director, Citizens for Global Solutions
- “At a time when democracy is at threat around the world and authoritarianism is on the rise, the call for the establishment of a UN Special Rapporteur on Democracy has never been more timely. I therefore support this effort and hope that UN member states can consider doing so too”, said Annika Silva‑Leander, Permanent Observer to the United Nations, International IDEA.
- “These days we live through a dark period of spreading authoritarianism. We believe a UN rapporteur on democracy will brighten the way to a better world for democracy and human rights”, said Soonsuk Won, Chairperson, The May 18 Foundation, based in Gwangju, South Korea.
The statement points out that the new mandate can be based on UN resolutions that identify and support democratic principles. This includes the “central democratic principle” that “public authority must derive from the will of the people” which is expressed in Article 21 of the Universal Declaration of Human Rights.
According to the document, the proposed UN Special Rapporteur on Democracy, assisted by an independent advisory board, would “examine challenges and opportunities related to the realization of democracy”. This would include, among other things, looking into “constitutional and institutional arrangements such as checks and balances; effectiveness of parliaments; free, fair and competitive elections and election environments; political participation including of minorities and women; direct and deliberative mechanisms; as well as civic space and freedoms.”
The new mandate would “go beyond and complement” existing mandates operating under the Human Rights Council. The statement asks “all governments that are committed to democracy” to support its establishment.
Click here to read and endorse the statement.
Click here to see the full list of signatories.
Nov 17, 2023 | DFF, Statements
BANGKOK – ASEAN Parliamentarians for Human Rights (APHR) calls on Thailand, ASEAN, and the wider international community to turn their attention to the plight of internally-displaced people (IDPs) and refugees at the Thai-Myanmar border and to support localized pathways, including cross-border aid.
During the four-day fact-finding mission from 13-16 November, parliamentarians from Indonesia, Malaysia, and Thailand visited the border towns of Mae Hong Son and Mae Sariang in Northern Thailand to speak with local organizations, displaced communities and first responders to hear about their situation and challenges as well as to consult with community-based organizations to better understand what solutions must be immediately advocated for.
“We are deeply concerned about the situation faced by IDPs and refugees from Myanmar at the Thai Border. They do not have sufficient access to healthcare, food, or even shelter. We can and must do more for them,” APHR Chair and member of the Indonesian House of Representatives Mercy Barends said today,
The mission delegation found that border clinics urgently need medicine and warm clothing for patients. Meanwhile, IDP and refugee children have severely limited access to education: schools have been targeted for airstrikes by the military junta, there is a lack of books and other learning materials, and those who wish to continue with higher education find it difficult to apply to universities abroad due to a lack of documentation.
“The growing IDP population near the Thai border – which is set to reach 300,000 due to continued junta airstrikes and military operations – relies heavily on local community-based organizations for support. But these organizations are continually blocked from accessing humanitarian aid by the illegal Myanmar junta,” APHR member and Malaysian member of parliament Kelvin Yii said. “APHR stands in solidarity with the community-based organizations and echoes their calls for increased cross-border aid.”
The challenges faced by refugees on the Thai side of the border are made worse by the precarity of their legal status – 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.
“We urge the Thai government to enact policies that ensure refugees are granted safe passage and humanitarian assistance, starting by instructing Thai border authorities to immediately halt the forced return of Myanmar refugees,” said Yii.
APHR also highlights that the conditions of IDPs and refugees can only be genuinely resolved with a peaceful, democratic, and inclusive Myanmar.
“We therefore reiterate our calls to ASEAN and the international community to take firm action against the illegal Myanmar junta, including by suspending any military or diplomatic cooperation, and to recognize the National Unity Government as the legitimate representatives of the Myanmar people,” said Barends. “As long as the junta remains in power, the suffering of IDPs and refugees will only increase, leading to an unsafe Thai border as well as wider regional instability.”
