Enforcing the law does not mean silencing the opposition (sic!): Tith Sothea

16 Sept 2010
Everyday.com.kh
Translated from Khmer by Socheata

In response to the criticisms leveled by human rights group indicating the Cambodian government had tightened the freedom of expression in Cambodia, Tith Sothea, mouthpiece of the Press and Quick Reaction Unit (PQRU) of the Council of Ministers, declared that in a number of cases, the civil society’s freedom of expression was not right (sic!), i.e. they only express their opinion to ask for financial aid from foreign countries only (sic!). Tith Sothea said: “I think that the enforcement of the law does not mean silencing the civil society or the opposition party, but it is a mean to put down illegal activities for the sake of strengthening the law and democracy.” Nevertheless, the report on freedom of expression in Cambodia which was published on Tuesday by the Cambodian Center for Human Rights (CCHR) indicated that almost all the judges and the prosecutors have close ties with the ruling CPP party, and major players in the judicial system are no other than high-ranking CPP officials.

CPP can’t stomach criticisms: CPP MP Cheam Yeap in denial

CPP comrade Cheam Yeap (Photo: RFA)

15 Sept 2010
Everyday.com.kh
Translated from Khmer by Soch

Yesterday, CPP MP Cheam Yeap declared while NOT HAVING SEEN YET the report critical of the government on freedom of expression issued by the civil society that this report lacks balance and it opposes the government. Cheam Yeap told The Phnom Penh Post: “I think that the NGOs use their rights and freedom of expression with this report, but the CPP cannot accept the wrong criticisms leveled in this report. This is not fair for the government.” He also rejected the criticism claiming that Cambodia is moving toward a single-party state because the CPP is already planning to win 120 seats out of the total of 123 seats at the National Assembly during the upcoming election. He added that if there is only party, then it would be “contrary to Cambodia’s Constitution.” He confirmed that “democracy and freedom of expression must respect the law which pays close attention to democracy, just like a person taking good care of his own eyes. We respect the UN bill of rights stipulation on democracy and human rights.” (sic!)

CPP dictatorship: Deny! Deny! Deny!

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Government repudiates UN criticism

Thursday, 15 July 2010
Sebastian Strangio
The Phnom Penh Post

THE Ministry of Foreign Affairs yesterday dismissed United Nations criticisms of legal proceedings against Sam Rainsy Party lawmaker Mu Sochua, describing the case as an “internal affair” of Cambodia.

“The Cambodian government absolutely rejects the statements made by the UN High Commissioner for Human Rights,” Foreign Ministry spokesman Koy Kuong said.

“This defamation case has been through the court procedures, so this is an internal affair of Cambodia.”

In a biweekly press briefing in Geneva on Tuesday, UN spokesman Rupert Colville said Mu Sochua’s case was an example of the courts being used as a “blunt instrument” to silence freedom of expression.

“The UN High Commissioner for Human Rights Navi Pillay is seriously concerned about the conduct of recent defamation proceedings against a prominent opposition politician in Cambodia,” Colville said.

“We believe this highly politicised case appears to show an alarming erosion of both freedom of expression and the independence of the judiciary in Cambodia.”

In August last year, the Phnom Penh Municipal Court convicted Mu Sochua of defaming Prime Minister Hun Sen and ordered her to pay a total of 16.5 million riels (around US$3,928) in fines and compensation. The charges were upheld twice on appeal, and Mu Sochua could face jail if she refuses to pay the fines, which are due this month.

Koy Kuong said it was unclear whether Cambodian officials would take the issue up directly with the UN, following a recent series of spats with the global body.

Last week, the ministry warned Christophe Peschoux, head of the local office of the UN High Commissioner for Human Rights, that he had overstepped the bounds of his mandate by criticising the country’s deportation of two Thais on June 5.

In March, Foreign Minister Hor Namhong threatened to expel UN Resident Coordinator Douglas Broderick after his office issued a statement concerning the government’s Anticorruption Law.

Sam Rainsy could face fresh legal challenge -[Yuon puppet regime: Deny! Deny! Deny!]

Tuesday, 26 January 2010
Sebastian Strangio and Meas Sokchea
The Phnom Penh Post

“[The government’s rapid reaction to the release of the SRP’s evidence] probably shows that Sam Rainsy has a point” - Ou Vireak, CCHR President

Govt disputes SRP post about Vietnam border encroachment
OPPOSITION leader Sam Rainsy could face fresh criminal charges after his party released what it said was concrete proof of Vietnamese border encroachments, a senior government official said on Monday.

Government adviser Tith Sothea said the government was considering whether to take legal action against the Sam Rainsy Party president for publishing documents denigrating the government’s border-demarcation efforts.

“The government will consider taking legal action to prohibit any illegal publication that affects the security of the social order,” he said, adding that a decision would not be made until after Sam Rainsy’s trial on Wednesday.

Tith Sothea, who is also a member of the Quick Response Team at the press office of the Council of Ministers, defended the government’s effort, which he said was based on a 1985 treaty with Vietnam and a 2005 agreement approved by the National Assembly and signed by the King.

“Sam Rainsy is not the representative of Cambodia’s 123 parliamentarians,” he said. “On the contrary, he has affected [the country’s] honour and its overarching interests.”

Phay Siphan, spokesman for the Council of Ministers, could not confirm whether the government would launch legal action against Sam Rainsy, but described the SRP’s evidence as “misleading”.

“It’s misinformation that has been published through his Web site,” he said.

“It’s just to cover up what they’ve done by pulling up these border markers.”

On Sunday, the SRP posted on its Web site what it described as “unprecedented evidence” that Vietnamese border markers 184, 185, 186 and 187 have been placed well inside Cambodia’s legal territory as defined by a French map from 1952 and a 1966 map published by the US Department of Defence.

According to a statement released with the documents, Sam Rainsy enlisted historians and geographers from several countries to determine the placement of the markers.

The charges currently facing Sam Rainsy stem from an October 25 incident in which he travelled to Svay Rieng province’s Chantrea district and joined villagers in uprooting temporary border posts they said had been placed in their rice fields by Vietnamese authorities.

Sam Rainsy, who is currently overseas, is set to stand trial at Svay Rieng provincial court on Wednesday along with two local villagers involved in the incident. Three more are on the run from the police.

When contacted on Monday, SRP spokesman Yim Sovann defended the party’s research, saying it would soon begin investigating border-demarcation efforts along other stretches of the countries’ 1,228-kilometre shared border.

“I think this is very accurate – everything is shown on the map.… Nobody can deny the facts,” he said.

Others noted the government’s rapid reaction to the release of the SRP’s evidence, saying it stood in stark contrast to its attitude towards issues on the Thai border.

“This kind of rapid reaction will only play into what others believe, which is that Hun Sen and the Cambodian government is not willing to address concerns about the Vietnamese border,” said Ou Virak, president of the Cambodian Centre for Human Rights.

“It probably shows that Sam Rainsy has a point.”

"WHAT I AM DOING IS SHOWING THE TRUTH.... THE MAIN JUDGE IS THE KHMER PEOPLE."

Earlier on Monday, Sam Rainsy said he had no interest in his trial proceedings, saying the outcome was a foregone conclusion.

“We knew about Cambodian court processes, so we do not have confidence in the court,” he said by phone from Paris, adding that he was not presenting his evidence for the interests of the court.

“What I am doing is showing the truth. These are documents and evidence that cannot be denied. If the court still wants to be blind, it is up to the court,” he added. “The main judge is the Khmer people.”

Playing the Vietnam card

One day before his trial, however, it is unclear what benefit the opposition will gain from the prolonged confrontation in Svay Rieng. Though Sam Rainsy has tapped into a deep vein of local concern – the historical fear of Vietnamese domination – analysts are divided on whether it will translate into future gains at the ballot box.

Some argued that playing up the Vietnam issue could lead to considerable gains for the SRP.

“Cambodian people are concerned about their livelihoods, but if you talk to them they talk about border concerns and immigration,” said Koul Panha, executive director of the local election monitor Comfrel. “I think this could attract more voters.”

Ou Virak said the SRP’s border campaign – including its use of a derogatory term to refer to ethnic Vietnamese – would likely galvanise its “hardcore supporters” and solidify its base.

“A large chunk of the Cambodian population has similar views of animosity towards Vietnam.... Using this kind of rhetoric will get you a good percentage of votes,” he said.

Others, however, were less convinced of the utility of the Vietnamese border issue. “In my view, Sam Rainsy’s Vietnamese card has won him some popular support, but not to the extent that he could win elections,” said Sorpong Peou, a professor of political science at Sophia University in Tokyo.

Despite gains at the ballot box since 1998, she said, other Cambodian voters were more likely to worry about more basic needs, such as securing their next meal.

Caroline Hughes, a political scientist at Murdoch University in Perth, told the Post in November that though the Vietnam issue might promote unity among “scattered and isolated rural supporters” of the SRP, it might also be aimed at the Cambodian diaspora, from which the SRP derives financial support.

“To some extent, I think it distracts attention from more serious land issues, and even from more serious border issues,” she said.

While striking a strong nationalist chord could ultimately position the SRP well against its liberal and royalist rivals in the opposition camp, Ou Virak said it was hard to tell whether it would start to burrow into the rural base of the ruling Cambodian People’s Party.

He noted that Hun Sen was also scoring points in his current standoff with Thailand – another traditional enemy to the west.

“It doesn’t appear at the moment to be changing [the situation] much,” he said.

CPP MPs muzzled the mention of freedom of expression on the Nat Assembly floor: Are they afraid to confront the truth?

CPP Nguon Nhel (L) and CPP Cheam Yeap (R)

CPP MPs’ reaction to the issue of freedom of expression raised by the UN Special Rapporteur

02 October 2009
By Zakariya
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

The [CPP] vice-president of the National Assembly (NA) reacted to the UN Special Rapporteur on Human Rights in Cambodia who indicated that freedom of expression in Cambodia is undermined. The UN Rapporteur’s report was raised by an opposition MP during the third session of the NA.

CPP MP Nguon Nhel, NA vice-president, indicated that the NA cannot accept the statement made by Surya Subedi, the UN Special Rapporteur on Human Rights for the UN Secretary-general in Cambodia, who indicated that freedom of expression in Cambodia is undermined. Mr. Subedi also indicated that critics of the government are charged with disinformation. Nguon Nhel indicated that this issue cannot be discussed on the NA floor.

Nguon Nhel’s reaction took place during the third session of the NA held in the morning of 02 October to discuss and approve the draft Penal Law. During the discussion, SRP MP Yim Sovann proposed to the NA to remove an article out of the Penal Law that involves defamation and insult, and to include these issues in a new draft law, or to the Civil Law, based on the statement made by Mr. Surya Subedi.

[In response,] Nguon Nhel criticized the UN, saying that: “During the Pol Pot regime, all types of freedoms were taken away. At that time, we did not have any human rights organizations or the UN paying attention on the death of the 2-3 million people at all, but to the contrary, Pol Pot sat at the UN seat.”

CPP MP Cheam Yeap also indicated that the NA wants the new Penal Law to follow the current events, according to the evolution of mankind, but the NA cannot discuss an issue raised by a foreigner during its debate.

Yim Sovann replied that what the UN Special Rapporteur reported involves the current situation that is taking place in the Cambodian society. “With the aim of building a society where its people are afraid of giving their opinion, if there is a tightening of the freedom of expression rights then this means that we are preventing the people from participating in the edification of the society,” Yim Sovann said.

Mr. Surya Subedi recently indicated that he is concerned about the freedom of expression in Cambodia being undermined because critics of the government and critics of high-ranking government officials are charged with disinformation and defamation and they are sent to jail by the court. This situation actually happens to two Cambodian reporters and one opposition MP.

Furthermore, on 30 September, Ny San, the Cham community leader in Kampong Yaul village, Borey Chulsa district, Takeo province, was arrested and sent to jail after he was accused of disinformation following his dispute with a religious leader in his community.

CPP Cheam Yeap’s reaction to UN OHCHR’s statement: Deny! Deny! Deny!

CPP official’s reaction to UN statement

16 June 2009
By Zakariya
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

One CPP official reacted to the statement issued by the UN Office of the High Commissioner for Human Rigths (OHCHR) which indicated that the used of defamation and disinformation lawsuits seriously affect the freedom of expression as guaranteed by the Cambodian Constitution for the development of democracy.

CPP MP Cheam Yiep, the chairman of the National Assembly (NA) permanent committee, said that Cambodia cannot bring down democracy because the government is strengthening democracy. He said that the UN statement is unacceptable because every Cambodian citizen has the right to sue.

Cheam Yiep said: “The UN representative in Cambodia needs to have clear check and balance also, he should not adopt these minor preventions and consider everything to be at fault.”

On 15 June, the UN OHCHR issued a statement indicating that the numerous lawsuits brought up by high level Cambodian government officials against government critics, including politicians, reporters and civil society officials are too extreme and they are unreasonable. These lawsuits are serious threat to the development of democracy in Cambodia.

Ou Virak, President of the Cambodian Center for Human Rights, said his organization and a number of other NGOs recently issued a joint statement which bears the same conclusions as those published by the UN OHCHR, especially in regards to the backward progress of democracy in Cambodia. He said that he really regrets that the government refuses to acknowledge the truth.

Ou Virak said: “This is an application of the law that is contrary to the goal of democracy and human rights, and it is also contrary to International law, as well as the Cambodian Constitution which is the supreme law of the land in Cambodia.

Kul Panha, Comfrel executive director, said that, in spite of the fact that fear and a drop in freedom of expression exist right now, he hopes that the government will redress all these points.

Up to now, the number of politicians, NGO officials and reporters who were sued by the government has reached 8, and some of these people have also fled the country.

In the afternoon of 15 June, the NA permanent committee decided to submit the case of the suspension of SRP MP Mu Sochua’s immunity to the NA vote at the beginning of next week.

Nevertheless, the UN OHCHR indicated also that the lifting of parliamentary immunity, or the threat to lift the parliamentary immunity to instill fear destroy the value of the parliamentarian immunity for members of parliament.