Opposition rejects the court decision

04 August 2009
Everyday.com.kh
Translated from Khmer by Socheata

SRP and HRP MPs issued a joint statement on Tuesday to firmly reject the verdict of the Phnom Penh municipal court that was handed down on 04 August. The court decided that Mrs. Mu Sochua must pay a fine and a compensation to Hun Xen, both of which amounts to 16.5 million riels ($4,125). The opposition statement indicated that Mrs. Mu Sochua should not be sentenced by an incapable and biased court, which in the defamation lawsuit brought up by Mu Sochua against Hun Sen and Mu Sochua’s lawsuit is supported by tangible proof, rejected Mrs Mu Sochua’s lawsuit instead. Mrs. Mu Sochua is a victim but the National Assembly turned around and lifted her parliamentary immunity and thereby removing her rights to defend herself. The statement called on the international community to continue paying attention and following up on the situation in Cambodia in order to prevent the abuse of defamation lawsuits and the abuse of the judicial system to counter the critics. The international community should push the government to bring to fruitful results the judicial reform, and the government must be determined to put into place all the principles of a plural democracy system.

SRP Statement for The Second Cambodian Development Cooperation Forum

Source: SRP

STATEMENT
FOR
THE SECOND CAMBODIAN DEVELOPMENT COOPERATION FORUM
( DECEMBER 3-5, 2008)

December 3, 2008

The high level meetings between the Royal Government of Cambodia and its development partners to be conducted during the 2nd Cambodian Development Cooperation Forum (CDCF) comes at a very critical moment as Cambodia, like other countries in the world, is facing the impact of the world economic crisis. This 2nd CDCF also comes at a time when democracy in Cambodia is further eroding following the 2008 parliamentarian election, much criticized by local and international observers for falling short of international standards.

1/ PARLIAMENTARY REFORMS: PROMOTION OF THE CONCEPT OF THE OPPOSITION, THE RIGHTS OF THE MINORITY

Only with the political will and determination to adhere to the principles of the separation of powers and with the recognition of the roles and functions of The Minority can the Cambodian Legislature function properly as a body in which democratic principles can begin to take roots. Formal recognition of the role and functions of The Minority ought to bring the provision of an adequate budget and resources in order to function independently and to serve as a check and balance within the Legislature.

The Minority welcomes training programs aiming at enhancing the knowledge and performance of elected Members of Parliament so long as this valuable technical assistance can lead to a true democratization process, is not used as mere ceremonial events and can help in decreasing the rubber stamping role of the National Assembly.

The Minority values the roles played by bilateral, multilateral donors and NGOs in helping Cambodia in its transition to democracy, but it considers that the marginalization of The Minority can only further prolong the current status quo and the anti-democratic culture of “winner takes all”.

2/ ADOPTION OF THE ANTI-CORRUPTION LAW

The Minority urges that public hearings be conducted, as a practice adopted in democratic countries, in order for the people of Cambodia to air their views on the type of anti-corruption law they wish to have adopted. It must be noted that good practices are available from neighboring countries that have demonstrated political will and determination to tackle corruption. The Minority is in agreement with donors and NGOs that there should be no reasons to link the passage of this law with the adoption of the draft Penal Code. The Minority is also in agreement with development partners in encouraging the RGC to become party to the United Nations Convention Against Corruption (UNCAC). Cambodia should join the global community in the fight against the improper benefiting of a small group of officials and their business allies at the expense of the majority of citizens. This hinders progress and growth, contrary to the basic development goals agreed upon by all major stakeholders.

3/ LOCAL GOVERNANCE AND PROBLEMS OF DECENTRALIZATION

The lack of mechanism to monitor the processes of local democratization which should allow for a full “co-operation between commune councils and other stakeholders for more effective and responsive local governance policies and greater local ownership, participation, civic engagement, and implementation of pro-poor inter-commune projects”* has left the control of power in the hands of the local authorities who act according to the interests and order of the party in power. The indirect election of village chiefs, whose preponderant influence on the daily lives of the people has added more force to the CPP local machinery, is further excluding people from the processes of local governance. The recent protests and complaints filed by villagers who should be beneficiaries of the Asian Development Bank distribution of food is a full result of a system of power of the CPP-dominated machinery at the local level that determine and control donor projects. By violating the law on decentralization, local authorities block democracy at the grassroots level, allowing more and more irregularities to occur. The Cambodian government and the international donor community should both abandon their ineffective piecemeal approach and start to solve problems from a comprehensive perspective by meeting conditions that are prerequisites of good governance: effective law enactment, effective decentralization and effective democracy at the grassroots levels.

The Minority calls on the Ministry of Interior to ensure that its directives for the replacement of commune councilors replaced by their party be strictly implemented. Up to date more than half of the Sam Rainsy Party requests to replace its elected commune councilors have been ignored. The Minority also calls on the Courts to immediately release commune chiefs and councilors of the Sam Rainsy Party wrongly accused and detained prior to the 2008 elections as such detentions are groundless and politically motivated.

4/ IMPLEMENTATION OF THE LAND LAW: GROSS VIOLATIONS OF HUMAN RIGHTS

According to Amnesty International and reports from local human rights organizations involved in monitoring land reforms, forced evictions are driving 80,000 urban poor from their homes. Once removed from their homes, these victims of land grabbing and forced evictions are moved away from their daily livelihoods to distant areas where food, shelter and health care are almost non-existent. Land grabbing by local and high ranking government officials and the practice of economic land concessions to private companies threatened the daily existence of around 150,000 rural villagers in 2008 alone. The Minority acknowledges with full respect and support the work of local human rights organizations and local leaders who took very courageous steps to protect their land and their community forests despite facing threats, intimidation, detention and even death.

*World Bank document on Decentralization

The Minority calls on the government and the courts to take the following immediate measures in dealing with land issues:

• 1/ use evictions as a last resort, only following adequate notice and consultation with those affected.
• 2/ declare a moratorium for all mass evictions until legislative and policy measures are in place to ensure that evictions are conducted only in full compliance with international human rights laws and standards.
• 3/ investigate cases where excessive force were used and bring those responsible to justice;
• 4/ immediately release villagers who have been wrongly detained for protesting against illegal eviction;
• 5/ immediately stop the targeting and harassment of human rights defenders, and ensure that full protection is provided for their safety when on duty;
• 6/ stop the issuance of orders from provincial and national authorities that overrule the decisions of the Court or initiatives taken by villagers to protect community land or other natural resources.

During the two days of high level deliberations, The Minority calls on the government, donors and key development partners to:

• 1/ strictly use the Joint Monitoring Indicators(JMI) which are agreed tools to measure progress in the implementation of strategy for growth;
• 2/ take concrete measures to stop grave violations of Cambodia’s laws and serious violations of human rights; and
• 3/ take further steps towards strengthening a true system of checks and balances to uphold democratic principles.

SRP: Standing Up For Our Workers, Together We Can Bring Change

Source: SRP

STATEMENT ON THE OCCASION OF THE 122ND
ANNIVERSARY OF INTERNATIONAL LABOR DAY

STANDING UP FOR OUR WORKERS
TOGETHER WE CAN BRING CHANGE

Cambodian workers are working harder than ever but eating less than before. Cambodian workers are saving harder than ever to support and bring their families out of poverty but their families are falling further behind in debt. Prices for everything, from gasoline to groceries are skyrocketing, health care is expensive and landlords continue to ruthlessly raise rental rates. It is these workers that have contributed to our growing but are direct victims of corruption and a poorly managed economy. It is insulting to reward the workers' hard efforts and sacrifice by a paltry and clearly insufficient raise of US$6 a month.

THIS IS WHY SRP IS STANDING UP WITH THE WORKERS AND THEIR UNIONS TO DEMAND THAT THEIR RIGHTS BE RESPECTED AND THAT THEY BE GIVEN A DECENT AND FAIR MONTHLY WAGE TO ENABLE THEM TO LIVE WITH DIGNITY. IN ADDITION WE DEMAND THAT THE GOVERNMENT ENSURE THAT EMPLOYERS MEET MINIMAL INTERNATIONAL STANDARDS, SAFE AND FAIR WORKING CONDITIONS AND FREE HEALTH CARE FOR THE WORKERS THAT DRIVE CAMBODIA'S ECONOMY.

On this occasion of the 122nd anniversary of international Labor Day, SRP reiterates its stance on economic and social justice and demands the end to the exploitation of our workers and full protection of their rights and freedoms as enshrined in the constitution and the Labor Law.

Cambodian workers deserve better! Cambodian workers should not continue to struggle for what they have earned through their own hard work and initiatives. The government must understand that in an economy such as Cambodia where natural resources are badly managed it is these workers that drive our economy. It is the government that has failed the workers by not implementing appropriate policies to manage inflation levels and address the high cost of living.

SRP proposes the following solutions to address the pressing needs of our workers:

• a new Labor Law that includes a minimum monthly wage of US$75;
• reduction of the price of gasoline by reducing the tax on the sale of gasoline;
• free health care;
• full protection of workers rights, including the right to strike and the end to the use of force by police;
• full implementation of the labor law;
• creation of a Labor Court.

Economic growth can not be sustained without the lack of political will to end corruption. Real economic growth can not occur if our workers are exploited and devalued. This will only lead to an economy where the exploiters benefit, not the society as a whole. If we as a nation are to prosper and reap the benefits of economic growth we need to reduce the great divide between rich and poor and ensure equality for all our citizens in line with the principles of democracy and good governance - principles already practiced by many of our neighboring countries. In this way Cambodia will gain global respect and recognition and attract good investors and develop a stable and sustainable economy.

Thus we come together on this fortuitous day – Labour Day – and remind our workers that they have a voice to bring about change to the current crisis in their lives. On Election Day 27 July, 2008 that voice will be heard again and signal that change is needed and inevitably change must come.

General-secretariat
Sam Rainsy Party
April 30, 2008

SRP Statement: Victims of Grenade Attack Remebered

March 29, 2008

STATEMENT
VICTIMS OF GRENADE ATTACK REMEMBERED

On the eve of the 11 th anniversary of the deadly grenade attack in front of the old National Assembly building (March 30, 1997), the Sam Rainsy Party pays homage to all the victims who were brave enough to speak their minds to people more powerful than they. We continue our long-standing appeal that the investigation into responsibility for the murders moves forward so that justice can be obtained for the victims and their families.

Eleven years ago on the morning of March 30, some 200 demonstrators, comprised mainly of female garment factory workers, took part in the SRP-led demonstration to demand reform of the corrupt and politicized judicial system in Cambodia . Thirty minutes after the demonstration started, four grenades were tossed into the demonstrating crowd, killing 16 people and wounding more than 150, including Ron Abney, the then Country Director of the International Republican Institute, a US-based organization working in support of democratic reforms in Cambodia. Because this injury was sustained by an American citizen, the FBI investigated the attack, specifically looking into whether it occurred in cooperation with the government's police force. Eleven years later, the Cambodian government declares that "the grenade attack dossier is still open and not yet closed." But the investigation is not moving forward. Eleven years later, justice has not been rendered to the victims, leaving the survivors to question the government's sincerity and wondering whether justice will ever be done for them and their love ones.

The Sam Rainsy Party appeals to the FBI to reopen its investigation in order to ensure that the criminals and the mastermind of this crime not escape justice, and to promote respect for the rule of law in Cambodia. In the meantime, the Sam Rainsy Party wishes to reassure voters as well as all the victims and their families that it will stand by its commitment to the systematic reform of the corrupt Cambodian judicial system. The Party continues to voice support for reform as in the opposition, but would be in a position to enact change if given the chance in the upcoming national election.

SRP Secretariat