How Will Hun Sen Respond to the European Parliament and the United Nations' Recommendations?

October 26, 2010

HOW WILL HUN SEN RESPOND TO THE EUROPEAN PARLIAMENT

AND THE UNITED NATIONS' RECOMMENDATIONS?

Today, 17 opposition National Assembly members including Sam Rainsy wrote to Prime Minister Hun Sen asking the Government to elaborate on its position and action plan following last week’s Resolution from the European Parliament strongly condemning human rights violations in Cambodia and calling for corrective measures.

Referring to Article 96 of the Constitution which requires the Government to answer any question from any National Assembly member within seven days, the 17 Parliamentarians, who enclosed in their letter to Hun Sen the original text in English of the European Parliament October 21, 2010 “Resolution on Cambodia, in particular the case of Sam Rainsy”, asked the Prime Minister the following questions:

« What measures and what decisions will the Government take to respond to proposals and recommendations from the European Parliament, which wants to see the resolution of a number of political problems in Cambodia in accordance with the principles of true liberal democracy based on pluralism? »

« What attitude will the Government adopt to preserve aid from the European Union, which is a major donor institution, and to defend the honour of Cambodia, which is under international scrutiny? »

In their letter the 17 Parliamentarians reminded Hun Sen of the following points:

- « In its “Resolution on Cambodia, in particular the case of Sam Rainsy,” the European Parliament specifically calls on the Cambodian government to “engage in political and institutional reforms to build a democratic state governed by the rule of law and founded on respect for fundamental freedoms.” »

- « The European Parliament also calls on the Cambodian government to “draw up an action programme and timetable for implementing the recommendations made in the June 17, 2010 report by the United Nations Special Rapporteur on the situation of human rights in Cambodia”. This UN report notably “deplores external interference in the work of the judiciary.” »

- « All the political groups representing the 736 Members of the European Parliament representing 27 countries in all over Europe unanimously adopted the above-mentioned October 21, 2010 “Resolution on Cambodia, in particular the case of Sam Rainsy.” »

SRP Members of Parliament

• The original letter to Hun Sen in Khmer is in the attached file. (see below)
• The original text of the European Parliament October 21, 2010 “Resolution on Cambodia, in particular the case of Sam Rainsy” can be obtained at http://tinyurl.com/34cq5pe

UN decries glut of lawsuits

Hang Chakra, publisher of the Khmer Machas Srok newspaper, leaves Phnom Penh Municipal Court after a June 3 hearing. (Photo by: HENG CHIVOAN)

Tuesday, 16 June 2009
Written by SEBASTIAN STRANGIO
The Phnom Penh Post

Rights office fears defamation cases could erode democratic gains.

A RECENT string of defamation and disinformation lawsuits filed against opposition lawmakers and journalists is inhibiting free and open discussion in Cambodia, the UN said Monday, citing it as a "serious threat" to the country's democratic development.

As the UN's new rights envoy Surya Subedi arrived in Phnom Penh for the first time, the local UN Office of the High Commissioner for Human Rights said in the statement that the two months since April have seen an spike in judicial activity, with high-level officials filing eight separate defamation and disinformation suits against government critics.

"These actions undermine the constitutional freedom of opinion and expression which everyone in Cambodia is entitled to, and which is the cornerstone of the exercise of civil and political rights," it said.

"Pursuing the current complaints may reverse the course of the still fragile democratic development process."

The statement cited as examples the series of complaints filed by government officials, including separate cases against opposition party president Sam Rainsy; SRP lawmakers Mu Sochua and Ho Vann; Hang Chakra, publisher of the Khmer Machas Srok newspaper; Khmer Civilisation Association President Moeun Sonn; and Soung Sophorn, a 22-year-old student.

The last is the only case to have received a verdict: On June 8, Soung Sophorn was fined US$1,250 for spray painting anti-government slogans on the walls of his private residence near Boeung Kak lake.

The criticisms come amidst a wave of similar complaints from local civil society groups, who claim the government has enlisted the UNTAC criminal code's Articles 62 [disinformation] and 63 [defamation and libel] as the newest weapons in its fight against dissenting opinion.

Ou Virak, president of the Cambodian Centre of Human Rights, said the current situation paralleled a similar period in 2005, when, he said, the government went on a judicial offensive to divert attention from an unpopular border treaty with Vietnam.

"Instead of defending the treaty, the Cambodian government began filing a lot of defamation lawsuits," he said.

The main concern in 2009, Ou Virak said, is land rights.

"Land issues today are the only issues in Cambodia that could ... potentially create social unrest and might even undermine the current government," he said.

"Land conflicts are so widespread that the government has to do something drastic and divert attention."

The CCHR issued a statement along with four other local NGOs Thursday, citing "the perilous state" of freedom of expression in Cambodia due to recent court actions and crackdowns on public meetings.

Council of Ministers spokesman Phay Siphan said he had not seen the statement, but that the UN's criticisms of the government usually ignore the facts on the ground.

"Before they accuse [the government], they should learn more about Cambodia," he said. "We just carry out what the law requires. We have all kinds of laws to protect human rights and human dignity."