Jul 22, 2023 | DFF, Statements
The undersigned organizations express our profound concern over the upcoming election for the National Assembly in Cambodia, scheduled to occur tomorrow. We firmly believe that this election is poised to lack genuineness and meaningful electoral competitiveness, raising serious doubts about its adherence to democratic principles and international election standards.
Our apprehensions are rooted in the observed international standards used in assessing the legitimacy of elections, on which the upcoming electoral exercise indicates a notable absence of transparency, fairness, and inclusivity in the electoral process. Instances of biased decisions by the election management body, suppressed opposition, restricted political freedoms, and limited access to impartial information have cast a shadow over the integrity and quality of the electoral process and election results.
We are particularly troubled by concerns surrounding the independence and neutrality of the National Election Commission (NEC). Evidence suggests a clear bias towards the ruling Cambodian People’s Party, and the exclusion of the Candlelight Party from participating in the elections serves as a stark example of the severely restricted political space and the unfair limitations imposed on opposition parties. Such disqualification further exacerbates the imbalanced and unjust political environment, leaving minimal room for opposition voices to compete on equal footing with the ruling party.
Moreover, the shrinking space available for civil society and the deliberate targeting of human rights defenders and activists raise serious alarm. The constriction of civic space undermines the active participation of civil society in the electoral process without fear of reprisal.
Additionally, media freedom faces constraints, with independent media and other election stakeholders experiencing harassment online as well as offline, while state- controlled media dominate the information landscape. Considering these deeply entrenched issues, tomorrow’s election is likely to fall short of meeting the criteria for credible elections, including transparency, inclusion and the accountability of election stakeholders.
The identified flaws in all aspects, combined with the evident bias towards the ruling party, seriously compromise the principles of democracy and seriously question the integrity and credibility of the electoral process.
In light of these concerns, we urge the ASEAN, its member States, and all other international communities to refrain from legitimizing the election and to continue supporting the people of Cambodia in their quest for freedom and democracy. Upholding the democratic values is essential to foster a just and equitable society, and we stand united in advocating for an accountable, transparent, inclusive, and genuinely competitive electoral process in Cambodia.
- AccessNow
- ASEAN Parliamentarians for Human Rights (APHR)
- Asian Democracy Network (ADN)
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Asian Network for Free Elections (ANFREL)
- The Coalition for Free and Fair Elections (BERSIH)
- Citizen Congress Watch (CCW)
- Electoral Support Network of Southern Africa (ESN-SA)
- Inter-American Network for Election Observation and Electoral Integrity
- International Federation for Human Right (FIDH)
- Komite Independen Pemantau Pemilu (KIPP)
- Legal Network for Truthful Elections (LENTE)
- National Election Observation Committee (NEOC)
- ODHIKAR
- People’s Actions for Free and Fair Elections (PAFFREL)
- Perkumpulan untuk Pemilu dan Demokrasi (PERLUDEM)
- Transparent Elections Foundation of Afghanistan (TEFA)
Jul 20, 2023 | DFF, Open Letters
To:
The European Union Parliament
The United States Congress
The Parliament of Canada
The Parliament of Australia
The Parliament of United Kingdom
The Parliament of New Zealand
Your Honors,
We, the ASEAN Parliamentarians for Human Rights, are writing to express our grave concerns about the state of human rights and democracy in Cambodia. Despite hollow attempts to prove the contrary, Cambodia is continuing on its descent into authoritarianism, which is of great concern not only to the people of Cambodia and the region, but also to the international community.
The situation related to human rights and democracy has drastically deteriorated in Cambodia in recent years, notably since Prime Minister Hun Sen used the country’s courts to dissolve the opposition Cambodia National Rescue Party (CNRP) in 2017. This occurred shortly after the CNRP demonstrated itself to be a real threat for Hun Sen’s Cambodian People’s Party in successive nationwide elections.
This year alone, Hun Sen has openly threatened opposition supporters with legal and physical violence, while his regime has shut down one of the country’s last remaining independent media outlets Voice of Democracy (VOD), threatened to shoot a former opposition leader with a rocket launcher for any attempt to step on Cambodian soil, and sentenced former CNRP leader Kem Sokha to 27 years of house arrest on trumped-up treason charges. This is on top of the forced defection of political prisoners, through means such as depriving those them of desperately needed medical care as well as the prior years of mass trials for both opposition party members and activists, invoking actions taken by the Khmer Rouge to silence, shut down, and even kill anyone acting as a dissident.
Earlier this month, the Cambodian National Election Commission (NEC) rejected the registration of the main opposition Candlelight Party for the upcoming July elections on administrative grounds, stating that not having their initial notarized registration document from 1998 prohibited them from running. In addition to this not being a requirement in last years’ commune elections, the document in question disappeared in 2017 when authorities raided CNRP headquarters, thus preventing it from being provided. This manufactured bureaucratic obstacle, designed to block the Candlelight Party from competing in the elections by any means possible, was then affirmed on May 25th by Cambodia’s Constitutional Council, essentially making this an unopposed election for the CPP. The amendment to the Election Law has further clamped down the freeness and fairness of the upcoming elections by prohibiting those who will abstain from voting in next month’s general elections from running as candidates in future polls. Furthermore, the new election amendment will impose criminal liability on citizens who disrupt and boycott the election.
The government of Hun Sen appears determined to drive the final nail into the coffin of Cambodia’s democracy, which is guaranteed by the Paris Peace Agreements of 1991. Any elections held under the present circumstances cannot possibly be free and fair, nor should any government created from such elections be recognized as legitimate by the international community.
While we appreciate the attention to the anti-democratic actions of the Cambodian government and the decision to not send official observers, the authoritarian nature of Hun Sen is not impacted by words or morality, only action.
We therefore urge you to take stronger actions to deny legitimacy to the July elections as it is becoming increasingly clear that Hun Sen is intent on using the elections as just another tool to consolidate his power. We implore you to take action as parliamentarians to use your legislative mandate in parliament to unequivocally denounce the 2023 electoral exercise in Cambodia as undemocratic. Through legislative action, we implore you to strongly call out the Cambodian government to end all forms political persecution and immediately and unconditionally release of political prisoners, advocate for the reinstatement of a politically diverse and inclusive environment, and call on an independent investigation into human rights violations and electoral irregularities, with the aim of ensuring accountability.
By taking legislative action, through a bill or resolution, condemning the human rights abuses of Hun Sen’s regime, you would join the global community in standing up for democracy and human rights, sending a clear message to the Cambodian government that its actions are unacceptable and will not be tolerated.
Cambodia, as a member of the United Nations and a signatory to various international agreements and treaties, has an obligation to uphold democratic values and ensure free and fair elections. Unless the international community takes strong actions for the 2023 election, nothing will prevent Hun Sen from further solidifying his decades-long dictatorship.
Your honors, as you yourselves have come to power in democratically-held elections with strong human rights protections, we are sure that you recognize and understand the importance of human rights and democracy to the prosperity and well-being of a nation. We have confidence in your commitment to these principles and hope that you will demonstrate that commitment by coming to the aid of the people of Cambodia.
Yours sincerely,
ASEAN Parliamentarians for Human Rights (APHR)
Jul 19, 2023 | DFF, Statements
JAKARTA – Ahead of the second vote for the Thai Prime Minister, members of parliament from across Southeast Asia stand in solidarity with the Thai people and call for reforms that would ensure the establishment of a real democracy in Thailand.
“The eight-party coalition that has nominated a prime minister candidate won a combined total of nearly 27 million votes in the general elections in May. This is over 70% of the total votes cast. In any real democracy, there would be no doubt on who would be able to form a new government. Unfortunately, the existing rules have been designed to protect the military’s role in politics and governance, thwarting any attempt at genuine reform,” ASEAN Parliamentarians for Human Rights (APHR) Co-Chairperson and former Malaysian member of parliament Charles Santiago said today.
The current Thai constitution was adopted in 2017, following a military coup in 2014. Under the constitution, the Thai parliament is bicameral, with a 250-person Senate that is effectively appointed by the Royal Thai Military. Any effort to amend the constitution requires the backing of at least one-third of all senators.
“The actions of the vast majority of the senators in the last prime minister vote show their utter disregard and lack of respect for the will of the people, which was communicated very clearly in the ballot box. It is evident that the immense power given to these unelected senators is at odds with any definition of a real democracy. Many Thais are understandably angry that their votes seem to count for nothing. Thailand’s constitution must be reformed, and any new government must make it one of their first priorities.” said Santiago.
“We once again urge all members of the Thai parliament to consider their duty to the people and the greater good of Thailand when they cast their vote for prime minister. Further attempts to block the formation of a new government by the winning parties would only lead to unrest and instability,” said Santiago. “We also call on the Thai authorities to respect protesters’ right to assemble and peacefully express their political opinions and refrain from any excessive use of force.”
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 30, 2023 | DFF, Internet Freedoms, Statements
JAKARTA — As the region’s largest democracy, Indonesia should lead the way in upholding human rights online, particularly ahead of the upcoming 2024 general elections, Southeast Asian lawmakers said today at the conclusion of a fact-finding mission on internet freedom in the country.
“Indonesia has taken great strides in democratic reform following the fall of the authoritarian New Order regime 25 years ago, but we are concerned that if current trends of restrictions on freedom of speech and expression online continue unchecked, this important progress will be lost,” ASEAN Parliamentarians for Human Rights member and Malaysian Member of Parliament Yuneswaran Ramaraj said today.
“The internet is now one of the places where citizens and voters exercise their right to freedom of speech the most; if these digital spaces are closed this poses a risk to the freeness and fairness of the upcoming elections,” continued Ramaraj.
During the fact-finding mission, current and former parliamentarians from Malaysia, the Philippines, and Timor-Leste went to Jakarta and met with civil society organizations, journalists, and technology companies and also made visits to the Ministry of Communication and Information, the General Election Commission (KPU) as well as the National Human Rights Commission (Komnas HAM). The mission culminated in a meeting with members of the Indonesian House of Representatives Commission I, which oversees communication and information.
One of the major findings of the mission is how the Electronic Information and Transaction (ITE) Law – particularly its articles on defamation – has been used by those in positions of power to criminalize and silence peaceful expressions of dissent. This can be seen in the ongoing prosecution of human rights defenders Haris Azhar and Fatia Maulidiyanti, who were reported under the ITE Law by Coordinating Minister for Maritime Affairs and Investment Luhut Panjaitan merely for discussing allegations of the minister’s involvement in mining activities in Papua in a Youtube video.
“The ambiguous provisions in the ITE Law are clearly being misused and pose a great threat to meaningfully discussion of political opinions online, which is particularly concerning with elections on the horizon,” said APHR member and Timor-Leste member of parliament Elvina Sousa Carvalho.
“APHR joins Indonesian civil society in calling on the Indonesian government and House of Representatives to enact a comprehensive revision of the law, and for authorities to halt the use of the law pending the revision. Continued prosecutions under the ITE Law would call into question whether the upcoming elections are truly democratic,” continued Carvalho.
Representatives from civil society and media also expressed their concerns about the increased monitoring of social media content, as well as digital attacks against human rights defenders and media organizations. These threats to freedom of expression online have caused a chilling effect, creating an atmosphere in which internet users are inclined to self-censor themselves in order to avoid legal harassment or online intimidation.
Civil society organizations as well as Komnas HAM have engaged in efforts to safeguard a democratic digital ecosystem, including by fact-checking disinformation about the 2024 election, conducting training for young voters, as well as engaging with state actors. However, many respondents have expressed concerns that state institutions are not opening enough room for civil society and human rights groups to provide their inputs in regulations that affect freedom of speech and expression online.
“Elections are not merely about what happens on one day in a voting booth,” said APHR member and former Philippines member of parliament Sarah Elago. “Elections should be a truly democratic process in which all members of society, especially the marginalized, feel comfortable to openly and peacefully express their views and have meaningful dialogues about the future of the country,” Elago added.
“APHR therefore calls on the Indonesian government institutions to increase public participation in digital freedom-related policy making and setting measures to promote a healthy and informed online discourse during the election process. We also urge state institutions, such as KPU, Bawaslu, and Komnas HAM, to uphold democratic principles and likewise prevent any backsliding in democratic progress,” said Elago.
“Indonesia has often been considered as one of the most democratic and human rights-respecting countries in Southeast Asia. Considering this, and the country’s position as ASEAN chair, Indonesia should continue to set an example and not turn back from the progress made during the past three decades,” said Ramaraj.
Click here to read this statement in Indonesian.
