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.
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.
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.”
Oct 3, 2023 | DFF, Statements
DILI – Timor-Leste’s admirable commitment to democratic and human rights principles in its 20 years of independence must be maintained and strengthened as its internet access, and online expression, expands, ASEAN Parliamentarians for Human Rights (APHR) said today at the conclusion of a fact-finding mission to assess the state of internet freedoms in the country.
During the fact-finding mission from 30 September to 2 October, APHR’s delegation, which consisted of current and former lawmakers from Malaysia, Thailand, and the Philippines met with Timor-Leste President Jose Ramos Horta, the Ombudsman for Human Rights and Justice (PDHJ), the National Press Council, the National Communications Authority (ANC), the National Parliament, as well as with representatives of civil society and media organizations.
“Timor-Leste has consistently punched above its weight when it comes to democracy and human rights, and we are inspired by how far the country and its vibrant civil society has come following its long struggle against colonialism and dictatorship,” said APHR member and Penang State Legislative Assembly member Gooi Hsiao Leung. “While there are issues that need to be addressed, especially in the face of growing internet access and availability, we are confident that Timor-Leste can overcome them if it remains true to the ideals that underlie the country’s foundations.”
Timor-Leste’s fervor to protect human rights and fundamental freedoms is evident in its 2002 Constitution, and is further proven by having the distinction of being the only Southeast Asian country to be categorized as “free” in Freedom House’s Global Freedom Index. Nevertheless, the country also faces challenges that must be attended to in order to maintain its status as the most democratic and rights-respecting country in the region.
Chief among them is the limited information and communications technology (ICT) infrastructure in the country, which has resulted in internet connectivity that is among the slowest and yet also the most expensive in the world.
“We applaud the Timorese government’s initiative to expand internet speed and availability through submarine as well as terrestrial fiber optic cables. In this digital age, equitable access to the internet must be a priority , as it also significantly affects basic rights such as access to information and education,” said APHR Member and member of the Philippines House of Representatives Raoul Manuel.
And while freedom of the press in Timor-Leste is highly-rated by global media watchdog Reporters Without Borders, journalists and civil society members have raised concerns about looming threats towards freedom of expression online. While so far no journalists or ordinary citizens have faced prison sentences for peaceful expression, some have faced prosecution, as well as intimidation and harassment from law enforcement authorities.
The previous government has also attempted to reintroduce articles criminalizing defamation into Timor-Leste’s Penal Code, and a draft Cybercrime Bill tabled in 2021 included vaguely-worded provisions that could potentially be used to silence political dissent.
“We understand that increased internet availability and online expression may require more regulation and monitoring. However, our experiences in our own countries have shown how such regulations, if not accompanied by the necessary safeguards, can result in abuse of power and repression of critical voices,” said Manuel.
The Communications and Multimedia Act in Malaysia, the Cybercrime Prevention Act in Philippines, and the Cybersecurity Act and Computer-related Crimes Act in Thailand have all been used to criminalize and silence peaceful expressions of political opinions online.
“We therefore call on the Timorese government and parliament to ensure that any legislation that regulates online behaviors does not violate the freedom of expression and freedom of the press that is enshrined in Timor-Leste’s constitution and international human rights law,” said APHR Member and former Thailand member of parliament Kunthida Rungruengkiat.
Apart from legislation, the APHR delegation also noted the importance of promoting digital literacy among both the general public as well as in state institutions and law enforcement agencies.
“While regulations can sometimes be necessary, one of the most effective ways to ensure that the public is protected from the adverse effects of the internet is by building their capacity to recognize and understand the different types of content that can be found online, including fake news and hoaxes,” said Rungruengkiat.
“We also urge all parliamentarians and government officials in Timor-Leste to be open to criticism and to stand up for those who are harassed and prosecuted by state actors for peacefully expressing their political opinions. Though online criticism can at times be unnecessarily harsh, we must recognize that as public figures, our decisions affect the public interest and therefore must be subject to public comment and, at times, public disapproval,” said Gooi Hsiao Leung.
Click hear to read this statement in Tetum.
