Oct 26, 2022 | DFF, Opinion Articles
By Kasit Piromya.
In July, Al Jazeera broadcast a powerful documentary about cyber-scam human trafficking operations in Cambodia. It was a moving, if at times difficult watch, with victims speaking about how they had been lured to Cambodia with the promise of jobs, before being trapped inside compounds and threatened, beaten and electrocuted.
“I was scared [they’d kill me],” said one victim.
Although not the first media outlet to report on the issue, the Al Jazeera documentary placed considerable attention on it, and likely inspired other publications to focus on the issue, with articles run in outlets ranging from the BBC to The Guardian and VICE.
The global coverage has meant the issue has reached the very top of Cambodia’s government, with Prime Minister Hun Sen addressing the issue at a recent event on human trafficking. He told the audience at the 6th Interfaith Forum Against Human Trafficking: “Do not let Cambodia become a haven for crime, a place of money laundering, a place of human trafficking.” He added that he was surprised by the number of foreign nationals who had been brought to Cambodia and “cheated,” and urged authorities to take action.
Clearly, the issue of widespread human trafficking in Cambodia is an embarrassment to Hun Sen and his government, but it cannot have come as a surprise.
After all, as the Al Jazeera documentary points out, many of the compounds where these human rights abuses are taking place are owned by close allies of Hun Sen, including his nephew Hun To, as well as a former advisor, a senator from his Cambodian People’s Party (CPP), and an associate who flew Hun Sen to the United Nations in New York on a luxury private jet.
In fact, corrupt practices – whether human trafficking, deforestation, land confiscation, or many other issues – have been rife in Cambodia under the watch of Hun Sen, who has ruled the country since 1985. In 2005, a World Bank representative said Cambodia faced three major challenges: “corruption, corruption, corruption.”
The situation has not improved since then.
In its annual Corruption Perceptions Index for 2021, Transparency International gave Cambodia a score of 21 out of 100, ranking it 157th of the 180 countries assessed, and the third lowest in the Asia-Pacific, behind only Afghanistan and North Korea. Cambodia was given the lowest spot in Southeast Asia, a region not exactly renowned for its commitment to tackling corruption.
Donor countries must not be fooled by Hun Sen’s remarks that he knows nothing of the human trafficking taking place in Cambodia; in fact, it is ludicrous for him to say so. Over the years Hun Sen – a former Khmer Rouge soldier who became the country’s new leader as it emerged from decades of civil war and strife – has proven himself to be a wily operator when it comes to donor countries, attracting funds to tackle issues that are in fact being exacerbated by his corrupt form of governance, where kick-backs in the form of land, large-scale projects, or senior positions in conglomerates are granted to his supporters.
Last year, the United States ended an aid program aimed at protecting the Prey Lang Wildlife Sanctuary in northern Cambodia, saying the government had not done enough to tackle deforestation and was harassing environmental activists.
“The government continues to silence and target local communities and their civil society partners who are justifiably concerned about the loss of their natural resources,” the U.S. said. Washington had spent more than $100 million on the issue, funds that would be much better spent on supporting civil society and local efforts.
Donor countries must apply the same logic when it comes to cyber-crime and human trafficking, and recognize that while Hun Sen has the means to tackle such an issue, he lacks the will to do so. In fact, he is directly complicit, through the corrupt system of patronage that he oversees.
Hun Sen’s most recent comments, and the arrests made by police of some of those involved in human trafficking scams, are not the actions taken by authorities attempting to solve the problem, but are instead lip service paid to the international community following the embarrassing media coverage.
As the results of June’s commune-level election show – when the opposition, the Candlelight Party, received almost a quarter of the popular vote – there are still many people in Cambodia striving for freedom, democracy, and human rights.
Instead of offering support to a system that supports Hun Sen’s corrupt rule, donor countries should instead invest in civil society representatives and grassroots groups, and ensure their funds are spent on supporting those working for positive change in Cambodia.
Kasit Piromya is a Board Member of ASEAN Parliamentarians for Human Rights (APHR), and a former Thai Minister of Foreign Affairs.
This article first appeared in The Diplomat.
Sep 22, 2022 | DFF, Statements
JAKARTA – Southeast Asian parliamentarians have condemned the recent trial of dozens of members of the political opposition in Cambodia as a sham, and called on the Association of Southeast Asian Nations (ASEAN) and the international community to take strong action to halt Prime Minister Hun Sen’s relentless assault on human rights and democracy.
ASEAN Parliamentarians for Human Rights (APHR) also called for all charges against the political opposition in the country to be dropped, and for all those currently detained to be released unconditionally.
Last week, Cambodia’s government started its latest mass trial targeting mainly members of the Cambodia National Rescue Party (CNRP), with 37 defendants summoned to a Phnom Penh court for the hearing. According to media reports, only three defendants were physically present, with the rest either in hiding or in exile.
“No-one should be fooled by Hun Sen’s latest charade that the courts in Cambodia stand for anything other than a weapon in his unrelenting campaign to snuff out the country’s political opposition. Instead of using the courts to silence critical voices, Hun Sen should drop all charges against the political opposition and create a space for genuine opposition parties to run in a general election next year that is free and fair,” said Kasit Piromya, former Thai Minister of Foreign Affairs and APHR Board Member.
The defendants are charged with conspiracy to commit treason and could face prison sentences of between five and 10 years. The allegations are related to a failed attempt by former CNRP Vice-President and current APHR Board Member, Mu Sochua, to return to Cambodia from self-exile in January 2021 to face charges in a separate politically-motivated trial. Mu Sochua, who has already been sentenced to 36 years, is among the figures summoned for the latest round of charges. She has made it clear she plans to return to Cambodia to face the charges against her, but has been prevented from entering the country.
Among those also facing charges is Theary Seng, a Cambodian-American human rights defender who is currently being detained in Preah Vihear Prison, in northern Cambodia. In a recent report, the Clooney Foundation for Justice’s TrialWatch Initiative and the American Bar Association’s Center for Human Rights described the trial against her as “a travesty of justice” and gave the trial’s procedure an “F” grade, meaning a trial “entailed a gross violation of international standards that affected the outcome and/or resulted in significant harm.”
The report also detailed “due process violations” committed against Theary, including her right to be informed of the charges against her, her right to counsel and adequate facilities to prepare a defense, her presumption of innocence, her right to be tried before and independent and impartial tribunal, and her post-conviction right to counsel.
The situation related to human rights and democracy has drastically deteriorated in Cambodia in recent years, notably since Hun Sen used the country’s courts to dissolve the CNRP in 2017, shortly after it had run his Cambodian People’s Party (CPP) close in successive nationwide elections.
As a result of the dissolution, the CPP now holds all 125 seats in the National Assembly, which it has used to push through increasingly repressive laws, as well as proposed changes to the constitution that would pave the way for Hun Sen to transfer power to his son.
“Hun Sen is clearly of the view that he can continue abusing his power with absolute impunity, and the international community, including ASEAN, should send a clear message that such actions will not be tolerated – at the very least they must not legitimise any elections that take place under the current conditions. The deeper Hun Sen entrenches his rule, the harder it will be to return the country to democracy. International actors must take action now, and do everything in their power – including targeted sanctions, diplomatic maneuvering and support for civil society – to get the country back on the democratic path,” said Piromya.
Jul 27, 2022 | DFF, Statements
JAKARTA – Southeast Asian parliamentarians have expressed alarm at reports in Cambodia on proposed changes to the country’s constitution, describing them as a death sentence for democracy in the country. One of the proposed amendments would eliminate the need for the National Assembly to approve the designated prime minister, a move that would pave the way for Prime Minister Hun Sen to transfer power to his son Hun Manet.
“The government claims that the intention of the changes is to ensure a functioning government, but many of them are designed to cement the power of Hun Sen and his cronies by giving more power to the Executive branch of government in detriment of the Legislative. If confirmed, this move would be just the latest example of Hun Sen trampling over democratic processes and the rights of millions of Cambodians just so he can further enrich his family and others who have benefitted from the corruption that has become rampant under his rule,” said Kasit Piromya, former Thai Foreign Minister and MP, and Board Member of ASEAN Parliamentarians for Human Rights (APHR).
The most worrying amendment is that of Article 119, which concerns the appointment of the Prime Minister. In its current form, the article states that the National Assembly must elect a prime minister from the winning party. Changes being proposed, however, would only require the party with the most seats in the National Assembly to propose to the King who he can appoint as Prime Minister to form the government, thus avoiding a debate in Parliament on the qualifications of the candidate.
Other changes include giving the Prime Minister the prerogative to appoint an interim Prime Minister, or increasing, from 30 to 42, the number of members of Parliament that can bring a non-confidence vote on the Prime Minister or members of the Cabinet.
Hun Sen’s Cabinet has reportedly already approved the amendments, leaving only the Parliament to pass them into law. The ruling Cambodian’s People Party (CPP) occupies all 125 seats in Parliament, since the most prominent opposition party, the Cambodia National Rescue Party (CNRP), was arbitrarily dissolved in 2017 on bogus charges of treason. The government has decided on these important amendments completely on its own, without conducting any consultation with civil society or other political parties.
“As Cambodia moves towards a general election next year, it is clear that, with these changes, Hun Sen wants to make sure his party will remain in control by putting as many obstacles as possible to the opposition. For instance, increasing the number of representatives who can bring a vote of non-confidence as a measure to disarm in parliament any opposition party that does well at the polls. These amendments should be seen in the light of a long series of assaults against the electoral process in which Hun Sen and his party have been engaging for years,” said Piromya.
The move to change the Constitution comes shortly after the Communal and Sangkat Elections on 5 June. The campaign was conducted in a climate of harassment against the opposition, as APHR denounced at the time. Yet, in spite of those conditions, the main opposition formation, the Candlelight Party, obtained 22 percent of the popular vote.
The move also comes seven months after Hun Manet, Hun Sen’s oldest son, was elected as the “prime minister candidate of the future” by the CPP, thus paving the way for him to succeed his father at an unspecified point in the future.
“Any changes to the constitution must be achieved through a referendum, not at the whims of a dictator. Hun Sen and other autocrats in the region, such as the military junta in Myanmar, continue to twist laws for their personal undemocratic aims. This has consequences beyond Cambodia’s borders, as Southeast Asia is undergoing an autocratic turn with a contagious effect from country to country. The international community should apply pressure on the Hun Sen’s regime to drastically change course, and to allow for democracy and human rights to flourish once more in the country,” said Piromya.
Jul 18, 2022 | DFF, Statements
JAKARTA – Parliamentarians from Southeast Asia are urging the Special Envoy of the ASEAN Chair to Myanmar, the Cambodian Minister of Foreign Affairs and International Cooperation Prak Sokhonn, to meet representatives of the National Unity Government (NUG) of Myanmar, after his recent trip to the country, in which he met Senior General Min Aung Hlaing and other members of the military junta that continues to try to rule the country after its illegal coup d’état of February last year.
Formed by MPs elected before the military takeover and widely respected leaders from civil society and the ethnic minorities, the NUG was established in April 2022 to oppose the self-styled State Administration Council (SAC) led by Min Aung Hlaing. The NUG is supported by the vast majority of the Myanmar people.
“Most Myanmar citizens see the NUG as their legitimate government, and that is how the international community at large, and ASEAN in particular, should regard it. If Mr. Sokhonn is serious about implementing ASEAN’s Five-Point Consensus, he should publicly engage the NUG, rather than limit himself to meet the leaders of an illegal junta that is committing all kinds of international crimes and throwing the country into chaos while attempting to cement its power,” said Tom Villarin, former MP from the Philippines and Board Member of ASEAN Parliamentarians for Human Rights (APHR).
The Five-Point Consensus on Myanmar was signed on 24 April 2021 by all ASEAN leaders and Min Aung Hlaing. The Consensus prescribes the delivery of humanitarian aid, and calls for an immediate cessation of violence, as well as the commencement of a dialogue process between all the parties involved in the conflict, to be facilitated by the ASEAN Special Envoy appointed by the group’s rotatory Chair.
Since Cambodia assumed the chairmanship of ASEAN this year, its leaders have met Min Aung Hlaing and other representatives of the SAC on several occasions, including a visit by the Prime Minister, Hun Sen, to Myanmar in January; but has never met with any member of the NUG, most of whom are in hiding or exiled. As Chair of ASEAN this year, Cambodia should hold conversations with the democratic leaders of Myanmar, by inviting them to meet outside Myanmar or online if necessary, given the challenges involved in meeting them in their own country, APHR said.
The SAC has utterly failed to implement any of the five points included in the consensus and the situation has steadily deteriorated in Myanmar. With at least 2,088 people killed by the junta; over 11,000 political prisoners, a record number in Myanmar’s history; and over one million internally displaced people in the country, Min Aung Hlaing and his men are responsible for “systematic and widespread human rights violations and abuses” that may amount to “war crimes and crimes against humanity,” according to the UN High Commissioner for Human Rights.
“We at APHR have repeatedly called on ASEAN to hold Min Aung Hlaing and his criminal junta accountable for their crimes and for not abiding to the Consensus they signed to. The military is the main source of Myanmar’s woes and instability, and ASEAN member states should not accept its illegal rule as a fait accompli. Instead, they should engage and support the NUG and Myanmar’s civil society if they truly want to put the country back on the path towards democracy and prevent it from becoming a failed state at their doorstep,” said Villarin.
Jun 16, 2022 | DFF, Statements
JAKARTA – Parliamentarians from Southeast Asia said the most recent bout of political convictions imposed by the authorities in Cambodia on dozens of members and supporters of the Cambodia National Rescue Party (CNRP) should raise alarm within ASEAN and , called for all the charges against them to be dropped and for the immediate and unconditional release of those currently detained.
On 14 June 2022, the Phnom Penh Municipal Court convicted more than 50 former members and supporters of the CNRP, which was arbitrarily dissolved in 2017, on bogus charges of treason. A prominent Cambodian-American lawyer, Theary Seng, was sentenced to six years in prison and immediately arrested after the trial. Others received sentences ranging from five to eight years imprisonment. Of those convicted, 27 are in exile and were tried in absentia. One of them is Mu Sochua, former CNRP Vice-President and Board Member of ASEAN Parliamentarians for Human Rights (APHR).
“This is just another episode of a years-long relentless assault by Prime Minister Hun Sen’s regime against political opponents and democracy itself. Using a judiciary that lost any semblance of independence a long time ago, Hun Sen and his government are de facto turning Cambodia into a one-party state in which nobody is safe except those who obediently accept his increasingly dictatorial rule,” said Charles Santiago, Member of Parliament in Malaysia and APHR Chairman.
The verdict is part of a series of mass trials that started in November 2020 targeting 138 CNRP members for their support to the attempted return to Cambodia of the exiled leader of the party, Sam Rainsy, in 2019. The government charged them, among other charges, with conspiracy to commit treason alleging that they were planning to overthrow the government through a revolution. The trials have been far from fair, as shows the fact that former CNRP members who defected to the ruling Cambodian People’s Party (CPP) have their sentences suspended or charges against them dropped.
The sentences come after the recent Commune and Sangkat Elections, held on 5 June 2022, in an environment of harassment and intimidation against the opposition. Those were the conditions that set the stage for the landslide victory of Hun Sen and his CPP that resulted in the polls.
“Both ASEAN and the international community at large should do all they can to support democracy in Cambodia and stop Hun Sen from weaponizing the law and the state apparatus for his own interests. The longer Hun Sen is allowed to continue abusing his powers with impunity, the more difficult it will be to restore democracy in the country. Letting a dictator run free has not only consequences on the people of Cambodia but the region as a whole. His reckless and unilateral handling of the Myanmar crisis as the current Chair of ASEAN is just one example of it,” said Santiago.
