Showing posts with label Cambodian Democracy in Free Fall. Show all posts
Showing posts with label Cambodian Democracy in Free Fall. Show all posts

Sunday, September 11, 2011

Cambodian winner of 'Asia's Nobel' pushes forward in fight for fair vote

AGAINST THE ODDS: Koul Panha heads the Committee for Free and Fair Elections in Cambodia.

11/09/2011
Achara Ashayagachat
Bangkok Post
''The near-monopoly on broadcast media for the ruling Cambodian People's Party's, bias within the electoral apparatus, and harassment, intimidation, and coerced defections of opposition party members undermines the credibility of the national elections'' - Human Rights Watch report
Cambodian democracy activist Koul Panha knows his country is still a long way from having a credible electoral process. But having witnessed the horrors of what can happen in the absence of a functioning democracy _ his father and relatives were murdered by the Khmer Rouge when he was eight years old _ he is passionate about working towards that goal.

Koul Panha was named late last month as one of six recipients of the Ramon Magsaysay Award.

Dubbed ''Asia's Nobel Prize'', the award was established in 1957 in memory of the former Philippine president and recognises exemplary public service within democratic societies in Asia. Koul Panha is the third Cambodian to receive the award.

He was in Bangkok recently to celebrate receiving the award at a function hosted by his colleagues in the Asian Network for Free Elections (Anfrel).

The executive director of the Committee for Free and Fair Elections (Comfrel), an organisation that aims to promote fairness and transparency in Cambodian elections and educate voters, says a belief in the importance of equality drives him in his work.

''It's in our religion, it's in our culture that individuals have equal rights and freedoms. It's not just a Western value, but a universal principle that we also cherish human dignity,'' said Koul Panha.

Thursday, December 02, 2010

Cambodia’s Democratic Warrior

Why politician Mu Sochua is the country’s best hope for political reform.

December 2, 2010
Dustin Roasa
The New Republic

On a Saturday morning in July, Cambodian opposition politician Mu Sochua traveled to the dusty, sun-baked suburbs of Phnom Penh for a rally. Close to 100 Cambodians—most of them poor women sitting on plastic chairs squeezed into the ground-floor room of a supporter’s house—stood and applauded when she arrived. Wearing a traditional sarong, with her silver-streaked brown hair tied back, the American-educated parliamentarian took a microphone and began to speak. “People are in the mood for change. The government is afraid of the power of the opposition,” she said, her rising voice punctuated by the chants of Buddhist monks wafting in from a nearby temple. A supporter dimmed the lights, and Mu Sochua, who represents the southern Kampot Province, lit a slender white candle, the symbol of her political party. She then led the room in a stirring rendition of the patriotic song “We Are Khmer.”

The next general election in Cambodia is not until 2013, so Mu Sochua wasn’t trying to convince people to go to the polls. But there was still pressing political business to attend to: She had recently been the target of a defamation lawsuit, surreal even by Cambodia’s authoritarian standards. In April 2009, Prime Minister Hun Sen used the epithet “strong legs,” a colloquialism for a prostitute, to describe Mu Sochua in a speech. She sued him for defamation, and Hun Sen countersued—the logic being that accusing the prime minister of defamation is itself an act of defamation. Predictably, the courts, which are stocked with judges loyal to Hun Sen’s Cambodian People’s Party (CPP), threw out the case against the prime minister, found Mu Sochua guilty, and fined her. She refused to pay the fine, even when the courts threatened to throw her in jail.

Taking advantage of a seemingly bad situation, Mu Sochua used rallies, like the one I attended, to draw support for both her legal dilemma and her broader goal of democratic reform. And, in late July, as criticism from human rights groups in Cambodia and abroad mounted, the government backed down and ordered her fine deducted from Mu Sochua’s parliamentary wages. She was spared from prison—but the damage, at least to the government, had already been done.


Using the defamation suit as a springboard, Mu Sochua had positioned herself almost overnight as the leading opposition figure in Cambodia. Her story garnered significant attention from both the local and international press, the U.S. Congress and the European Parliament have highlighted her case, and many Cambodians now see her as the natural successor to Sam Rainsy, the longtime opposition leader who was forced into exile following his own court convictions for criticizing the government. “Before the defamation case, she was not very well-known by the Cambodian public, but this case has raised her profile significantly,” says human rights activist Ou Virak. “She’s the only woman who’s willing to stand up to Hun Sen.”



Although Cambodia is ostensibly democratic—national elections are held every five years—Hun Sen dominates the country with an efficient, omnipresent patronage network that rewards loyalty and punishes dissent. Corruption is endemic, the country’s health and education systems are among the weakest in Asia, and, while the per capita income has doubled over the last decade from a starting point of nearly zero, the fruits of that growth are hoarded by a political and military elite.

It was not supposed to be this way. In 1992, after years of Khmer Rouge rule and Vietnamese occupation, the U.N. Transitional Authority in Cambodia (UNTAC) arrived in Phnom Penh to administer elections and bring an end to decades of armed conflict. Driven by guilt from complicity in Cambodia’s misery, donor countries like the United States and France made UNTAC the largest and most expensive nation-building exercise of its time, and hopes were high that it would establish a multiparty democracy that would protect human rights.

In 1993, 90 percent of Cambodians ignored threats of violence from remnants of the Khmer Rouge, who were fighting an insurgency against the government from bases on the border with Thailand, and voted in the UNTAC-administered national election. By 1997, however, the royalist party that won that election was forced out by Hun Sen, himself a former mid-level Khmer Rouge commander, in a bloody coup. That same year, Sam Rainsy nearly died in a grenade attack widely thought to be orchestrated by troops loyal to Hun Sen.

Today, nearly 20 years after the arrival of UNTAC, diplomats and aid workers rarely use the lofty rhetoric of democracy. Rather, there is tacit acceptance that Cambodia has settled into a “one-party plus” existence, as a recent U.S. government-sponsored assessment put it, with the opposition providing the patina of pluralism. “Democratic space is shrinking, and dissenting views are being stifled,” said Yeng Virak, head of a Cambodian legal-aid organization. “Cambodia is going back to square one.”

Mu Sochua has witnessed much of this tumult firsthand. As a young girl growing up in a merchant family in Phnom Penh in the 1950s and ’60s, Mu Sochua’s father warned her never to go into politics. “He had many friends in government, and he knew about corruption,” she told me. She intended to take his advice, but the war in Vietnam intervened and sent her on the long path to becoming a politician. With Phnom Penh under rocket attacks from a growing Khmer Rouge insurgency, she left for Paris in 1972 and ended up in San Francisco a year later. In 1975, news stopped arriving from Cambodia. The Khmer Rouge had taken Phnom Penh, and she later learned that her parents had died.

After helping resettle Cambodian immigrants in the United States and earning a master’s degree in social work from the University of California at Berkeley, Mu Sochua returned to Southeast Asia in 1981 to work with the 300,000 Cambodian refugees living in camps along the Thai border. Determined to help rebuild her country, she moved back to Phnom Penh in 1989, worked with UNTAC, and, in 1998, successfully ran for parliament as a member of the royalist FUNCINPEC Party, which was then part of the ruling coalition. She was appointed Minister of Women’s Affairs that same year, and she authored Cambodia’s first domestic violence law.

The defining moment of her political career, as she describes it, came in 2004. Chea Vichea, a labor leader and government critic, was shot dead in the middle of the day while reading a newspaper on the street. “I saw his body covered with blood, and heard his daughter saying to her daddy, ‘Wake up, wake up,’” she recounts. Unable to work any longer in Hun Sen’s regime, Mu Sochua left the government to join the opposition Sam Rainsy Party. She vowed to promote policies that protected democracy, human rights, and the rule of law.



But it’s been difficult to make a dent in her country’s political and policy landscapes: Mu Sochua made her move out of the ruling coalition at a time when Hun Sen’s CPP was ascending, and, since then, successive national elections have only seen it consolidate its hold on parliament. Opposition politicians accuse the government of electoral cheating, and, undoubtedly, some vote-buying and intimidation occur. But, in reality, the CPP has evolved into a sophisticated political machine that no longer needs to cheat on a large scale to win. (That’s why international observers agreed the 2008 election Cambodia’s freest and fairest yet.) With its vast financial resources, far-reaching party apparatus, and control of the country’s broadcast media, the CPP has managed to use carefully crafted propaganda to keep many Cambodians, particularly rural ones, on their side.

Where does this leave the opposition? With no real legislative power, it is reduced to publicly antagonizing the government, a tactic polling has shown Cambodians don’t respond to. “It’s a chicken and egg issue. Because of the opposition’s antagonistic approach, there are lawsuits against them, which feeds their antagonism,” Ou Virak said. Lacking the resources necessary to spread its message and win more votes without this aggressive edge, the opposition has turned to stoking moral indignation about Cambodia’s situation abroad, operating more like a dissident movement in an authoritarian country than a political party trying to build a constituency.

But the international community, including the United States, remains an unreliable partner, according to activists in Cambodia. Donor countries can take credit for some achievements—for instance, the revitalization of Cambodian civil society after it was decimated by the Khmer Rouge. But embassies and the U.N. today are hesitant to publicly criticize the government on its human rights record, allowing their abuses to go on largely unchecked. “What the international community is failing to do is fulfill their role of promoting democracy. The donors announced $1.2 billion in aid the same day the court upheld my defamation conviction. What’s the message?” Mu Sochua said.

It’s between a weak opposition and unreliable international support where Mu Sochua might be able to step in and change things. Although she speaks of feeling a kinship with Barack Obama and the U.S. Democratic Party, it’s her emphasis on issues particular to Cambodia, such as land rights for the thousands of poor farmers and government corruption, that has attracted a strong following. By holding rallies and meeting face-to-face with voters—a style of retail politics not typical in this country, where many people do not know who represents them in parliament—Mu Sochua is building a grassroots movement that many Cambodians see as the best chance to revive the opposition and hold Hun Sen’s government accountable for its actions (and inactions).

Though it is virtually impossible to quantify her support, political observers in Cambodia say Mu Sochua’s star is rising—particularly after she used her increased visibility in the wake of the defamation case to promote her agenda. “She is a role model for many Cambodian men and women,” Yeng Virak said. At the rally I attended, Mu Sochua invited a woman to the front of the room and handed her the microphone. Dressed in worn pajamas, with her eyes cast downward, the woman tearfully described the daily police harassment that makes it impossible for her to make a living as a vegetable seller in the local market. Mu Sochua put her arm around the woman and said, “The problem is no justice. We must find justice for her.”

While it is unlikely she could find this justice by single-handedly unseating the ruling CPP (the next elections are years away, and the CPP’s apparatus is still mighty), Mu Sochua could shine a spotlight on human rights, judicial, and other abuses better than any Cambodian political force in recent memory. Granted, this sort of opposition has always been a difficult to build. While Sam Rainsy was exiled, lesser critics, including the head of a cultural foundation who dared to ask whether a lighting system being drilled into Angkor Wat might harm the ancient temples, have faced prison sentences and either fled the country or publicly apologized. And the government has Mu Sochua in its sights: When the rally I attended was over, she wanted to tour the local market and talk to poor voters, but her security detail advised against it due to the many plainclothes police lurking. “Things are just too tense right now,” she said.

But there are glimmers of hope that things might be different for Mu Sochua. Back in the car, she discussed the defamation case and the government’s decision to spare her from jail. “Hun Sen miscalculated,” she said. “For fifteen months now, I’ve been dragging this thing out, and I got free publicity.” But, while she may have avoided punishment and been able to augment the reach and media presence of her democratic crusade, Mu Sochua doesn’t think she’s won—not yet. “If the prime minister were to admit that he was wrong in the past, and he called everyone together for reform, that would be a victory for me,” she said.

Dustin Roasa is a journalist living in Phnom Penh, Cambodia.

Tuesday, September 28, 2010

Democracy in Cambodia is in a Coma

Tuesday, September 28, 2010
Opinion by Pretty Ma

Recent political verdict issued by the Prime Minister's court was seen as Mr. Hun Sen's determination, or Hanoi's to say the least, to completely ban Mr. Sam Rainsy from Cambodian political arena given that the case is border encroachment from the East. This highly political judgment came to no one's surprise, especially to the Cambodian public in general. However, it has probably placed the world, especially donors' countries in an awkward position. It is quite a moral dilemma since it calls into question the validity, sincerity and the ability of the large donors to convince their good-hearted citizens that Cambodian democracy no longer qualifies. As likely the case of Mr. Sam Rainsy, Cambodian democracy is in a coma, regardless of whichever way one looks at it. All the major institutions has molded into a one party based operation. The government of Cambodia is operating on this single line of policy, one party service only and it serves only those party members who towed the party's line while punishing another portion of population who believe in running the country otherwise. Pluralistic form of democracy is no longer valid in this case.

Should this kind of political menace and scenario is allowed to fly, then Mr. Hun Sen can pick and choose, boot any opposition leaders, today or tomorrow, at his own chosing. He can frame any argument through his party's cleverly designed defamation law, use his courts, accusing and convicting anyone he sees as a real challenge to his power or structure, knowing that he can get away with it through little or no consequence or reactions which he might consider to be a silent support from the world community and donors. It would not be the first assumption and I am sure it's not the last.

As long as the world continue to channel my tax dollars and yours, including the generosity of their citizen's hard earned money to this regime with very little conditions or serious guidelines attached, or definite demand of concrete results, then maybe we can say that this is the best "HELL" the world has probably concluded, from my own perception, in the best interests of the Khmer people and nation for regional economic and political reason – it should be understood that stability is the magic word they want you to hear. Getting goods across the land from place to place at a faster pace, corporate profits and individual interests are more important than protecting human rights, enforcing Cambodian democracy, ensuring independence of the 3 major state institutions, enforcing a clear system of check-and-balance, giving official opposition a decent fighting chance, a real operating budget, getting a term limit for Prime Minister office so on and so forth which will lead to long term stability, and solid democratic foundation. It is quite insulting when they have to ask their people and the rest of the civilized world that this is the best they can do with Billions of dollars, 30 years or so after the Killing Fields.

Cambodia can only afford a one man's ruling while human rights and democracy has to take the back seat in the eyes and wisdom of our so-called mother or father of democracies. It is just tearing me apart since I was blessed to enjoy my real freedom here in America. I am so sad for all the chances we have had in not only ensuring our territorial integrity and getting our nation free from foreign invaders, we now moving back even much deeper and deeper into the old Vietnamese colonial trap. The world could not care less, since, now, it is not in military uniform. It all comes down to economic and economic: highways will bring all sorts of goods across the borders, and it will end up with the haves and have-nots fighting for survival like beasts. The majority of Khmers are poor, farmers, uneducated, unsophisticated, easy to fool, and they are such an easy prey to all sorts of predators. You know what I am saying. It's legal now, and it will all be legal, but by then what do you have left to sell? I know for sure that those tall buildings and hotels are not mine and not my people, those rubber plantations and the like are for export, and they are not mine or yours. There are farming land concessions now and even more on the horizon that will produce rice or other products to support people in other country. It’s all for export, not for the needy inside Cambodia, so this means that more people will probably end up begging on the street. For those who have lost their farming lands, I can't even imagine what their lives – be they young, old or babies – are going to be like? It's so hard to see a mother or a grandmother raise her hands begging for a little generosity and compassion. You look at them and you can just pass by without giving a bit while inside you, you feel so guilty that you couldn't give enough. And if you pass one without giving, all she has to say: "How could you be so uncompassionate, my child". It hurts like hell. That experience stuck with me until today, and this is why I chose to be the minority against the new social norm that Cambodia is flaunting today. I guess maybe I have been away far too long, and I have remained too Cambodian in my own conservative way, that I seem to find so many flaws in the new Cambodia - a country that has become so morally and materially corrupted than anything I had ever experienced from my memory days as a child back in the mid-60s till I left in 1981.

Opportunities to strengthen Cambodian democracy has been lost over the years as each donor countries was thinking more or less of their own country's interest while turning a blind eye on the derailing process of democracy that is taking shape in Cambodia. With so much money to give away, something the Cambodian government can't do without, the donor countries could have forced the system to open up. When you get a loan from a mortgage institution, you will have to meet certain criteria and payment terms. What is there difference for Cambodia? Short term gain and long term pain for the Khmer people? The world has overlooked all credible gathering evidence and pleas from human rights groups, and seem as always readily willing to accept one lie on reform after the other, or lie of this and of that while refusing to politely tell the human right violators that talk is cheap, but show us the real results, and we'll take it from there. At times, I questioned if the world is ever serious about democracy in Cambodia. I know that some of our friends, especially those next door to us, don't want anything to do with that because it can cause a stir in their own communist world. No, freedom will ring in Cambodia.

Our constitution was built out of sand, with so many loopholes and misguided interpretation. It has led to all sorts of political misuse, manipulation and, more often than not, it no longer corresponds to the original intent and spirit of the 1991 Paris Peace Accord. As a student of American Government Politics, I have always preferred the American system of check-and-balance because I knew this kind of parliamentary abuse will likely occur, and we have seen that manifested right in front of our very eyes the abuse of elected member of parliaments at the direction of the Prime Minister office, not once, not twice, too many times to even count.

The Cambodian People Party was build on such a systemic network of patronage, a party founded on the practice of reward and punishment. As a party member, one has to tow the party line, the party leader or he/she'll pay a hefty price. Way back, a judge was removed to a remote town from Phnom Penh, for ruling against the government's interest. This was done just to intimidate other judges and justices to be careful of issuing their next verdict in any cases that don't go the government's way. The government and the ruling party in Cambodia today has operated on an ideology from the past, i.e. for party members, you can join the party but you can't leave, in another word, this communist party would rather take a prostitute to be its bride, but will not allow its wife to become a prostitute. Good luck to all of those who have politically prostituted themselves to be a part of their new found quick-to-rich scheme, the party of their future. Ironically, some of them should have not left Cambodia from the day of Vietnam’s invasion. It just makes no sense and, I am sorry to say, you would have been much better off by joining that preferred party of yours from the start. Who know? You would probably be challenging your PM for his personal seat. This is where Vietnam knows Khmers best. There are always those who would prostitute themselves to any level to get ahead in their material world. Can't do it on their own, but need to go through the process of corruption, of looting one’s own nation on the back of vulnerable Khmers, the poor, the old, and the have-nots who subsist in large number across the country. Look at the face of those beggars and who do you see: your mothers, yours grandmothers, your fathers and they are all Khmers. This is why it is really so painful to see, especially for us, human.

Khmer people must learn from their past, learn to cast their vote strategically and wisely. They need to focus on having a balanced approach to good governance. As I write in my previous post, in our time – such as this one – when we need to ensure our territorial integrity, to account for national revenue and spending, to protect people's lands and interests and the likes, a counter political force is the way to go - a minority government that allow the system to work best in responding to your concerns. People need to start moving away from any form of dictatorship since no man can last forever and history has taught us a good lesson of that. At the end of the day, it's not so much about a leader whom we like or dislike, it is not about Mr. Hun Sen or Mr. Sam Rainsy, but about a country that is truly democratic and a peaceful, respectable elected process. More importantly is a peaceful change of leadership through that revolving door of the PM Office. It should start – a process that is long overdue - with a 2-term limit for the premiership position; a creation of the Office of the Independent Prosecutors Council; an overhaul to the judicial system, and a proper level of operating budget for political Oppositions as legal participants of the process.

Tuesday, February 02, 2010

Leader keeps opposition at more than arm's length

Monday, February 1st, 2010
Canwest News Service

It is now well known that democracy works in Cambodia just so long as its prime minister continues winning elections, whatever the inclinations of voters may be. Fresh from his latest victory in 2008, Hun Sen does not have to worry too much about the leader of the main opposition party, Sam Rainsy. Rainsy is in France, a good place to be because he's been sentenced to two years in prison for "racial incitement and destroying demarcation posts on the border with Vietnam." It seems that last October Rainsy joined local villagers in Svay Rieng's Chantrea district in pulling up six temporary markers placed in the villagers' rice fields by Vietnamese officials. Hun Sen, of course, was put in power in 1985 by Hanoi after Vietnamese forces invaded Cambodia to push out the Khmer Rouge. He is often called "Hanoi's stooge" by opponents, but not to his face.

Thursday, October 22, 2009

Cambodia accused of stifling protests

Land dispute demonstration in Siem Reap (Photo: RFA)

October 21 2009
By Tim Johnston in Bangkok
Financial Times (UK)

“There is no country among Asean nations that has a positive human rights trend at the moment ... There is lip service to free speech but the reality on the ground is very different” - Brad Adams, Asia director for Human Rights Watch
A law passed on Wednesday by Cambodia’s legislature limiting the size of demonstrations is the latest example of rising intolerance in south-east Asia, say advocates of free speech.

Cambodia’s parliament, which is dominated by the Cambodian People’s party of Hun Sen, prime minister, passed the law limiting public demonstrations to 200 people to ensure “public order and national security”.

Public demonstrations are popular in Cambodia. The opposition, outnumbered comprehensively in parliament, uses them but they are also a last resort for farmers and slum-dwellers who say they are victims in land ­disputes with developers and powerful allies of the government.

Mu Sochua, an opposition MP, said: “It is limiting freedom of assembly and that will severely limit freedom of expression.”

The MP recently lost a libel case against Mr Hun Sen in a contentious court decision.

Human rights advocates have long accused Mr Hun Sen and his administration of using the courts to stifle opposition, a charge that the government denies, saying it is using universally available legal remedies to protect its reputation.

The parliament in Phnom Penh altered the penal code last week to make it easier to bring libel actions.

UN human rights observers were not allowed to attend the debate because of procedural problems in the admission of visitors, according to the ruling party, and a live television feed broke down because of technical hitches.

Brad Adams, the Asia director for Human Rights Watch, said the Cambodian laws were only the latest in a worrying regional trend, something he said is paradoxical given that the 10-member Association of South East Asian Nations is to launch its intergovernmental commission on human rights this week.

“There is no country among Asean nations that has a positive human rights trend at the moment,” he said. “There is lip service to free speech but the reality on the ground is very different.”

Reporters Without Borders has downgraded neighbouring Thailand in its survey on freedom of the press to 130th in the world, from 124th, as the result of renewed use of laws against insulting the royal family, which can carry a 15-year prison sentence.

Vietnam came under fire this month after nine democracy activists were given prison sentences of between two and six years for challenging the regime.

Friday, September 11, 2009

Transcript of SRP Mu Sochua's testimony at the Tom Lantos Human Rights Commission Hearing


TOM LANTOS HUMAN RIGHTS COMMISSION HEARING TESTIMONY

“CAMBODIAN DEMOCRACY IN FREE FALL”

BY
Mu Sochua, Member of Parliament, Cambodia
10 September, 2009
(Full version)

DISTINGUISHED MEMBERS OF THE U.S. CONGRESS,

I wish to express my most sincere gratitude to Congressman James Moran for calling on the attention of the U.S. Congress on the deteriorating situation on human rights in Cambodia in the past year. I wish to extend my most sincere appreciation to Congressman John McGovern and Congressman John Wolf, Co-Chairs of the eminent Tom Lantos Human Rights Commission, a well respected institution of the House of Representatives.


DISTINGUISHED MEMBERS OF THE U.S. CONGRESS,

Here in this room, I am testifying as a woman exercising her full right of speech and expression, but in Cambodia this is not possible. In fact, as a Member of Parliament from the Sam Rainsy Party, the lead opposition party - I have been stripped of my parliamentary immunity and been given a criminal conviction for openly criticizing Prime Minister Hun Sen. Furthermore, I was denied any legal representation because my lawyer was intimidated, threatened with disbarment, and pressured into withdrawing from my case. My situation is not unique.

I am one of the thousands of innocent journalists, trade union leaders, teachers and villagers who are tried by a judicial system that is well known for corruption, for incompetence and for acting under the control of the government and those who have political influence and money. Even Kampuchea Krom monks who have voiced their critics against the mistreatment of Khmer monks in Kampuchea Krom have been disrobed and mysteriously been killed or wrongly accused. As the direct result of widespread corruption in the Courts, Cambodian families find themselves in debt as bribes must be paid to court officials and to judges just to have access to justice or to be free from legal persecution.

The Cambodian Constitution, the Law on the Status of Parliamentarians and the Internal Rules of the Parliament clearly stipulate the special roles and functions to be performed by Members of Parliament in a democratic process. The specific definition of parliamentary immunity in the laws provide each and every MP a special status, protection and safety in order to provide us, representatives of the people and law-makers the ability to serve the people and the nation without fear of retribution. These laws and rules enable us to debate openly and freely in dialogues that enhance transparency, rule of law and protection of the rights of our citizens. However, the unconstitutional lifting of my immunity and the immunity of my colleagues Mr. Ho Van on 22 July, 2009 and the lifting of two other MPs including the leader of opposition in 2004, totally violate any rules and any laws. Members of Parliament from the opposition are threatened, verbally abused and intimidated by the Prime Minister, by MPs from the ruling party and by the Speaker of the House. Our movements and activities with our constituents are closely monitored by the local authorities who report directly to their superiors and to the ruling party. Citizens who are victims of land grabbing, corruption and abuse by local authorities and seeking assistance from opposition MPs are directly threatened and labelled as opposition activists and are closely monitored or accused as inciters and arrested without arrest warrants. The lack of transparency in the allocations of economic concessions, of mineral and petroleum and the prevention of the people to defend the country’s natural resources are not good sign for sustainable development. All these facts and the Cambodian Government’s current use of the justice system to silence its critics, is a clear sign that democracy is in free fall. The Cambodian Government pays little or no attention to the opinion of the world community and the Prime Minister warns donors from interfering into the internal affairs of Cambodia.

By winning 90 out of the 123 seats in the National Assembly at the July 2008 election that was denounced by local and international observers as flawed and falling short of international standards, the ruling party not only won the required majority to form a new government but also gained the full 2/3 of the seats required to amend the Constitution. Flawed elections, the misinterpretation of the Constitution to further accommodate the party in power and the practice of winner-takes-all have turned the legislature into a mere rubber stamp and the opposition as a force to be crushed. Currently the 9 Parliamentary Commissions are entirely chaired by MPs from the ruling party, even taking over positions as vice-chairs and members. All attempts from The Minority to have a fairer share of power in Parliament have failed.

The Sam Rainsy Party and the Human Rights Party won 26 seats and 3 seats respectively in the 2008 election, totaling 1,700.000 voters or close to 21% of the electorate. We see an immediate necessity for reforms of the Parliament in order to put into practice democratic principles. We are committed to making the Legislative Branch in Cambodia, a state institution that tolerates diversity in views and opinions and a state institution that can serve as checks and balances to protect the rights of the people and the interests of the nation.

We are committed to the principles of the 1991 Paris Peace Accords that promises the people of Cambodia liberal democracy, protection of human rights and a government that comes as a result of free and fair elections. We see ourselves as key players in the realization of democracy, rule of law and respect for human rights.

The reforms we propose cover two main areas:

The Parliament:
  1. The roles and functions of The Minority must be upheld with guaranty of legal and financial independence;
  2. A system of checks and balances must be established with The Minority leader or an appointee holding one of the two vice-presidency positions in Parliament;
  3. The sharing of power and the system of checks and balances can be further ensured with The Minority proportional share of the Chairmanship and vice-chairmanship of the 9 Commissions in Parliament, in particular the chairmanship of : (1)Finance Commission, (2) Foreign Affairs Commission, (3) Human Rights Commission;
  4. The President of the Parliament must guarantee the full protection of the rights of all representatives, uphold the honor and efficiency of the Parliament, facilitate proposals for adoption of legislation and amendments to legislation with no political threats and intimidation and protect the full rights of The Minority.
Preparations for Free and Fair Elections

Unless immediate steps towards reforms in the electoral process are undertaken for the upcoming local and parliamentary elections to be held respectively in 2012 and 2013, millions Cambodians will be denied of their rights to vote and the playing field will remain in the hands of the ruling party that has total control of the National Electoral Committee(NEC), the state’s resources, the media and the judicial system.

Recommendations of the European Commission on the July 2008 Elections in Cambodia must be taken into consideration to restore minimum international standards for free and fair elections.

The key EU recommendations include:
  1. The NEC must function as an independent and credible institution to restore confidence of voters;
  2. Identification cards that can be used as voter’s ID must be issued to all eligible voters;
  3. A special and impartial electoral dispute court must be established to resolve all election disputes;
  4. Voter registration process should be simplified and the registration period should be on-going and not limited to six weeks per year;
  5. Local authorities including village chiefs should not have any major part in the electoral process to avoid political intimidation and manipulation of the electoral process;
  6. Prevent and end all political violence with police and security forces that are impartial and non-partisan in fulfilling their duties;
  7. A free media accessible with balanced coverage to all political parties with strict rules against miss-use of state-owned media for the benefit of the party in power;
  8. An increased budget for Voice of America and Radio Free Asia to expand to television programs to provide balanced information to voters.
DISTINGUISHED MEMBERS OF THE U.S. CONGRESS,

We as witnesses from Cambodia are here today because we see that democracy in Cambodia is experiencing an alarming freefall, and because we can no longer tolerate a life threatened by fear of being arrested and prosecuted because of our views and opinions. We bring you the high hope of our people who wish to be ruled by law and not by the power of corrupt officials.

For this reason we call on the U.S. Congress to send a high level delegation to Cambodia:
  1. To help negotiate dialogues between the President of the National Assembly and the Minority Leader and their representatives in order to discuss rules that will bring democratic practices to the functioning of the Cambodian Parliament.
  2. To stop the practice of lifting of parliamentary immunity as a form of political persecution.
  3. We call on the U.S. Government to increase its funding for the National Democratic Institute and the International Republican Institute to immediately work with the UNDP in democratizing the electoral process for the upcoming local elections in 2012 and the parliamentary elections in 2013.
  4. We specifically request an increase of budget for Voice of America and Radio Free Asia to expand its programming to include televised programs that will bring balanced information to the people of Cambodia.
  5. We call on the U.S. government to impose visa sanctions on high-ranking officials in the Cambodian government and their immediate family members, suspected of corruption, of involvement in land grabbing and deforestation, and to investigate their investments and bank accounts in the U.S. These investigations should be made public.
  6. Any aid to the Cambodian Ministry of Defense should be tied to the freeze on the granting of further mineral or petroleum concessions until the government has established a basic legal, environmental and social framework to adequately govern the oil, gas and mining sectors.
DISTINGUISHED MEMBERS OF THE U.S. CONGRESS,

As a representative of the people, I respectfully urge you to intervene in the following cases:
  1. The release from prison and the dropping of charges against journalists, officials of the Sam Rainsy Party, villagers and trade union leaders; and
  2. The restoration of parliamentary immunity of opposition MPs.
As for my own criminal case, I have filed an appeal against the decision of the Court as I continue to pursue justice. Without any doubt the guilty verdict will stand. I am not willing to accept guilt for a crime I have not committed. This will lead to a prison sentence and the automatic loss of my seat in parliament, without intervention from donors who are assisting Cambodia.

DISTINGUISHED MEMBERS OF THE U.S. CONGRESS,

People the world over have heard America’s message about the importance of democracy, the need for free and fair elections, and the respect for freedom of speech, freedom of expression and the rule of law. Like President Obama and the rest of the world and the rest of the American people, we in Cambodia share the same vision and recognize the need for responsible leadership and a true commitment to global protection of human rights.

We commend Secretary of State Hillary Clinton for her remarkable commitment to make governments and the UN responsible for and invest in the protection, promotion and respect for women’s rights as human rights. We support U.S. Foreign policy that puts human rights first.

I thank you for your attention.