Nov 9, 2020 | DFF, Statements
JAKARTA — During his upcoming visit to Vietnam, US President Barack Obama should make that country’s dismal record on human rights and democracy central to discussions with government officials and emphasize the need for substantive progress on these issues before further cooperation can proceed, ASEAN Parliamentarians for Human Rights (APHR) said today.
The collective of regional lawmakers urged President Obama to call on Vietnamese leaders to free prisoners of conscience, cease harassment and persecution of human rights defenders, remove restrictions on independent civic and religious groups, and allow for genuine freedom of expression, association, and assembly. They also urged Mr. Obama to make any agreements with the Vietnamese government, including a decision to lift a longstanding arms embargo, contingent upon evidence of sustainable improvements in these areas.
“It’s clear that trade and security cooperation with the Vietnamese government will be on the President’s mind when he arrives in Hanoi on Monday. But President Obama must not forget about the Vietnamese people and their aspirations for a government that respects their rights and promotes their interests,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“Flowery words and diplomatic overtures can’t paper over the fact that Vietnam remains one of the most repressive states in our region, where ruling authorities severely restrict fundamental freedoms, and independent civil society groups and human rights defenders face brutal persecution. If President Obama wants to promote a partnership with Vietnam that benefits both countries in the long term, he must stand on the side of democracy and human rights,” Santiago added.
President Obama will begin his three-day visit to Vietnam the day after the country formally holds parliamentary elections. Over 100 independent candidates were excluded from running for seats in the National Assembly during a party selection process earlier this year, despite the Vietnamese constitution’s guarantee that any citizen is allowed to stand for election. ASEAN MPs urged President Obama to use the timing of his visit to raise the issue of free and fair elections with his Vietnamese hosts.
“Sunday’s so-called ‘election’ lacks any pretense of offering a real choice to the Vietnamese people; it cannot by any measure be considered open or democratic. President Obama should make a strong call for free and fair elections in Vietnam, as he has rightly done for other countries in our region, including Myanmar,” said APHR Vice Chair Eva Kusuma Sundari, a member of the Indonesian House of Representatives.
Parliamentarians also raised concerns about Vietnamese authorities’ recent acceleration of their crackdown on activists, bloggers, lawyers, and members of independent civil society groups and religious associations.
MPs urged the release of prominent bloggers, including Nguyen Huu Vinh and Nguyen Thi Minh Thuy, who were convicted in March 2016 under Article 258 of Vietnam’s Penal Code for allegedly “abusing rights to democracy and freedom to infringe upon the interests of the state.” They also called for a thorough investigation into the alleged torture of Tran Thi Hong, a member of the independent organization Vietnamese Women for Human Rights (VNWHR) and wife of prisoner of conscience Lutheran Pastor Nguyen Cong Chinh.
Recent moves to crack down on peaceful demonstrations, which have sprung up around the country calling for transparency and accountability surrounding mass fish deaths off the coast of Ha Tinh province, are also a significant concern, APHR said. Police have used excessive force to break up protests in multiple cities over the past several weeks, and authorities have also blocked Facebook and other social media platforms in an apparent effort to stem the spread of demonstrations.
“These cases demonstrate a pattern of action by the Vietnamese government that runs counter to its international human rights obligations,” said Charles Santiago.
Vietnam is a state party to the International Covenant on Civil and Political Rights (ICCPR), which mandates that governments respect freedom of religion, assembly, association, and expression, as well as the right to free elections and fair trials. It is also party to the United Nations Convention Against Torture (CAT), which outlaws cruel and degrading treatment.
Parliamentarians called for revisions to Vietnam’s Penal Code, which empowers the government to arrest and imprison peaceful critics and has been used as a tool to clamp down on free expression.
“Vietnam must take steps to bring its legal and policy framework into line with international human rights standards. That means releasing political prisoners and scrapping legislative provisions that restrict basic freedoms,” Santiago said.
“Societies benefit from free expression and respect for religious and ideological differences. A Vietnamese public that is fully able to freely express their desires and concerns will strengthen the country, and Vietnam’s leaders must recognize that fact.”
Nov 9, 2020 | DFF, Statements
JAKARTA – ASEAN Parliamentarians for Human Rights (APHR) today called on the Cambodian government to abandon its proposed Law on Associations and Non-governmental Organizations (LANGO), arguing that the ruling party has pursued a fundamentally undemocratic course in attempting to secure the passage of a law that threatens freedom of association and expression in Cambodia.
“Barring major revisions, this law constitutes a clear threat to the fundamental rights of all Cambodians, in direct violation of Cambodia’s obligations under the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights,” said APHR Chairperson Charles Santiago, a member of parliament in Malaysia. “It further jeopardizes the ability of civil society to operate freely and effectively in the country.”
The draft law, scheduled for a parliamentary vote in the coming days, mandates that all civil society organizations (CSOs) register with the government and criminalizes activity by unregistered organizations. Guidelines for the approval of registration are exceedingly vague and provide authorities with room to arbitrarily reject applications from groups critical of the government.
“While a desire to regulate NGOs is legitimate, the restrictions included in the current draft are draconian and entirely unnecessary. Ultimately, the law represents a tool to silence critical voices and crack down on political opponents—one which enables harassment of legitimate organizations that might dare express opposition to the ruling clique,” Santiago added.
“Local and international groups engaged in all areas of society—from healthcare to environmental protection to the rights of women and children—helped Cambodia to its feet after the country suffered some of the worst atrocities of the 20th Century,” noted Kraisak Choonhavan, an APHR board member and former Thai MP. “This law threatens to prevent these organizations from continuing their important work.”
APHR further noted the lack of public consultation on drafts of the law.
“As lawmakers, we value thorough public consultation on proposed legislation as a crucial component of a transparent legislative process,” Charles Santiago said. “The government’s approach securing passage of this NGO law has been anything but that.”
Throughout the drafting process, the Cambodian government failed to make the draft law public, despite repeated requests from organizations both within Cambodia and internationally.
It also ignored calls from CSOs to consult with various stakeholders. While a consultation session is scheduled for today, APHR argued that the government’s decision to convene the meeting is neither genuine nor sufficient.
“A hastily called, last-minute question-and-answer session is not enough,” said Son Chhay, an APHR board member and opposition MP from the Cambodian National Rescue Party (CNRP).
“The government has pursued the passage of this legislation in a fundamentally undemocratic and non-transparent manner, choosing to ram the law through the National Assembly, rather than allow for open dialogue and discussion of its contents. Without true public consultation and input from opposition voices this law will remain unacceptably flawed.”
These and other concerns were included in a 6 July letter to Cambodian Prime Minister Hun Sen, signed by APHR and 39 other international organizations.
“If the government of Cambodia is truly serious about the protection and promotion of human rights, it should stop rushing down this precipitous path to the adoption of this unnecessary and non-human rights-respecting legislation now before the National Assembly,” the letter concluded.
Nov 9, 2020 | DFF, Statements
JAKARTA – The Cambodian National Assembly’s passage of the highly controversial Law on Associations and Non-governmental Organizations (LANGO) represents a grave threat to independent civil society and constitutes a failure of the ruling Cambodian People’s Party (CPP) to embrace a democratic, consultative approach to policymaking, ASEAN Parliamentarians for Human Rights (APHR) said today.
“The ruling party’s decision to ram this legislation through the National Assembly undermines the fundamentals of a multiparty democratic system,” said APHR Chairperson Charles Santiago, a member of parliament in Malaysia.
“Its parliamentary majority does not absolve the CPP of the need to listen to the views of opposition voices, as well as civil society. The ruling party failed to solicit or incorporate constructive input that could have improved this law and brought it into line with international human rights standards.”
The National Assembly approved the NGO law on Monday in a party-line vote. The law mandates that all civil society organizations (CSOs) register with the government and criminalizes activity by unregistered organizations. It also gives Cambodian authorities the power to disband CSOs and reject applications for registration on vague grounds, which could be used to target groups critical of the government.
“We fear that this legislation will be used to restrict independent civil society, particularly those groups that express opposition to the policies or politics of the ruling party,” said Son Chhay, APHR board member and an opposition parliamentarian from the Cambodian National Rescue Party (CNRP).
“While reasonable regulations would have been acceptable to pursue, this law goes much too far and violates Cambodia’s obligations under the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.”
All 55 opposition lawmakers in the National Assembly boycotted the vote, as protesters amassed outside the parliament building in opposition to the law. The legislation now moves to the CPP-dominated Senate, where it expected to be approved and sent to King Norodom Sihamoni for signature and promulgation.
“This law is an affront to Cambodian civil society, which has been a critical force in rebuilding the country following years of turmoil and bloodshed,” Charles Santiago added.
“This NGO law undermines the ability of these groups to continue their important work and threatens the fundamental rights of all Cambodian citizens to freedom of association and expression.”
