Concern Over Liberties as New Penal Code Is Enacted

Seng Kunakar: Arrested and sentenced by a Sunday Kangaroo Court for printing and distributing article posted on KI-Media

Sok Khemara, VOA Khmer
Washington, DC Friday, 24 December 2010

“The penal code comprises a total 672 articles, and among some of those articles, we need to take precautions,” said Run Saray, executive director for Legal Aid of Cambodia.

“Cambodia’s new penal code should have put an end to abusive practices, not encouraged new ones.”

Human Rights Watch has condemned charges of incitement against a man who shared a web article with coworkers as a step back for free expression in Cambodia, while other monitors say the new penal code is cause for concern.

Earlier this month, Seng Kunnaka, an employee of the UN World Food Program, was charged under the newly passed penal code and quickly convicted of incitement, after he shared a story from the strongly anti-government KI Media website with two coworkers. The penal code only went into effect Dec. 10.

He was convicted and sentenced to six months in prison and fined $250 by an extraordinary Sunday court session.

“Cambodia’s new penal code should have put an end to abusive practices, not encouraged new ones,” Phil Robertson, Asia’s deputy director for Human Rights Watch, said in a statement.

Speaking as a guest on “Hello VOA” Thursday, Am Sam Ath, monitoring chief for the rights group Licadho, said the case signaled a “falling down” of the freedom of expression.

“We’ve noticed that there are restrictions on unions, communities, as well as non-governmental organizations, journalists, professors and politicians,” he said. “In total, there have been 50 cases that we consider restrictions on freedoms of expression.”

He encouraged a loosening of such restrictions so that decision-makers can clearly understand the nature of problems within the public and act on them.

Khoun Bunny, secretary-general of the Cambodia-International Federation of Journalists, called the new penal code “a huge obstacle” for freedom of expression.

“Those who have an opposite view are victimized continuously, and journalists are continuously victimized, while the government is please to apply two standards,” he said.

“The double standard, here I want to say that if we speak in accordance with, or exalt and praise the government, then we always receive peace, or no persecution or punishment, but in any case that we have the opposite view, or not paralell with the government, then we are victimized with some fault.”

Mu Sochua: US Secretary of State will send a delegation to Cambodia

13 September 2009
By San Suwith
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

"...(Mu Sochua) is a traitor to her oath taken before she occupied her position as a Member of Parliament, she swore that she will not allow any foreign countries to disrupt, or to issue political orders both inside and outside the country..." - Phay Siphan, mouthpiece of the Council of Sinisters

Kampot SRP MP Mu Sochua indicated that US Secretary of State Hillary Clinton will send a high level US delegation to visit Cambodia in the near future. Furthermore, the US State Department will also review the ability of linking various conditions to aid provided by this Superpower to Cambodia.

Mrs. Mu Sochua made this statement one day after giving her testimony to the US Congress Tom Lantos Human Rights Commission (TLHRC), and after her discussion meeting with Mrs. Hillary Clinton, the US Secretary of State, on 11 September 2009. She indicated that Mrs. Clinton, the wife of former US President Bill Clinton, is always following up on the Cambodian MP’s situation.

Mrs. Mu Sochua indicated also that Mrs. Clinton accepted her request for the US to play a more active role than before in the review of human rights violations in Cambodia: “Following the testimony at the US Congress, as a member of Parliament who was victimized by the unfair sentencing from the Cambodia court, US Secretary of state Hillary Clinton allowed me to meet her. During the meeting, she immediately raised about the US special attention paid on my case, as well as on the current human rights situation in Cambodia. I asked Mrs. Clinton to send a high level delegation, led by the US special ambassador, set up by her when she came into office. Mrs. Clinton gave a positive answer to my request.”

Mrs. Mu Sochua said that the US will send a letter through Hor 5 Hong when the latter will visit New York at the end of September. This letter relates to the various conditions, in particular, the human rights conditions, that the US attach to its aids.

The high level US delegation that will visit Cambodia to review the human rights condition and the application of the law, will be led by Mrs. Melanne Verveer, President Barack Obama's ambassador at-large for global women's issues. Mrs. Mu Sochua indicated that she personally knew Mrs. Verveer when she was involved in women’s and children’s issues more than 10 years ago.

This US delegation will be accompanied by a deputy director of the US Department of State, as well as by other high ranking US State Department officials.

Phay Siphan, spokesman for the Council of Ministers, said that Cambodia and the US are equal in front of international law.

While harshly attacking MP Mu Sochua, Phay Siphan added that relying on foreign countries to interfere in Cambodia’s internal affairs is a betrayal of the oath taken in front of the throne: “I see that showing a good example to the Cambodian people, just like what the world sees also, is that the rule of law must be respected. Mrs. Mu Sochua did not abide by this, in particular she is a traitor to her oath taken before she occupied her position as a Member of Parliament, she swore that she will not allow any foreign countries to disrupt, or to issue political orders both inside and outside the country. I want to tell her that, at this time, we are building the rule of law, and not just the rule of law, we are also building independence and sovereignty because the Cambodian people just left a pool of blood and tears. I have a question: is Mrs. Mu Sochua participating in the building of the rule of law and the building of independence for this nation or not? Or is Mrs. Mu Sochua thinking about the past, when Cambodians was experiencing with US and the politicians of that era brought tens of thousands tons of bombs to drop on our kingdom of Cambodia? Recently, Mrs. Hillary Clinton said herself that there is a good relationship and cooperation between Cambodia and the US.”

Secretary of State Hillary Clinton met SRP MP Mu Sochua in the morning of 11 Sept. at her office at the US State Department

12 September 2009
Washington DC

US Secretary of State Hillary Clinton instructed the Chief of the US State Department on Asia and Pacific to work out the visit to Cambodia of Ms. Melanne Verveer, President Obama's Ambassador on Women and Children's Affairs, following the request made by Mu Sochua during the visit. The purpose of the trip is to assess the situation on human rights in Cambodia. Mu Sochua asked that US aid be tied to the respect for human rights and democracy.

Mu Sochua raised the issue of safety and security of opposition MPs, in fulfilling their duties as elected representative of the people. Secretary Clinton assured Mu Sochua of US concern for her case and all will be made possible to ensure for her safety.

The official in the last photo is Mr. Adam West, Cambodia Desk Officer. Following the meeting with Secretary Clinton, Mu Sochua also met with the Deputy Assistant Secretary, East Asia and Pacific and Ambassador for ASEAN Affairs Scot Marciel.

Hem Heng throws a tantrum and accuses TLHRC hearing as biased

CPP Hem Heng and his wife (Photo: Viseth)

Ambassador Dismisses Rights Hearing as Biased

By Taing Sarada, VOA Khmer
Original report from Washington
11 September 2009

Cambodia’s top representative to the United States dismissed as biased a hearing at the US House of Representatives Thursday that is looking into Cambodia’s human rights record.

“We already know that they only invited the opposition party and non-governmental organizations,” Ambassador Hem Heng said in an interview in Washington. “It means that this is a biased hearing.”

The House of Representative’s Tom Lantos Human Rights Commission, co-chaired by Frank Wolf, a Republican from Virginia, and James McGovern, a Democrat from Massachusetts, scheduled a hearing Thursday to address “a concerning trend in the Cambodian government’s overall human rights record.”

Invited were Mu Sochua, a Kampot National Assembly representative for the Sam Rainsy Party who recently lost a defamation suit to Prime Minister Hun Sen; Kek Galabru, founder of the rights group Licadho; and Moeun Tola, head of the Community Legal Education Center’s labor program.

“Normally, the hearing needs to have two sides or more,” Hem Heng said. “But this hearing has only one side participating. So the hearing is trending toward the opposition party.”

International and local observers say Cambodia has seen a decline in media and personal freedoms, with critics of the government facing lawsuits and other charges.

The Cambodian Embassy in Washington released a statement Wednesday saying human rights in Cambodia have been improving.

“We have thousands of civil societies, from of expression, and the unions are progressing,” Hem Heng said. “Among these, there are at least 11 international organizations. Besides those, there is the office of the High Commissioner of the United Nations for human rights.”

Ou Virak, head of the Cambodian Center for Human Rights, said by phone the rights situation in Cambodia has deteriorated over the past four years.

“In 2005, there were some arrests, some complaints, and then the situation was back to normal,” he said. “But in 2009, we see arrests and intimidation.”

Chan Soveth, a rights investigator for Adhoc, said political violence in Cambodia never meets justice.

“The culture of impunity in Cambodia from day to day is accumulating,” he said. “It is scary, and a serious concern.”

Cambodians testify in US

"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.... 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." - Mu Sochua, SRP parliamentarian

"The Cambodian authorities regularly use violence or the threat of it to restrict workers' rights to peacefully protest over legitimate labour rights issues. Peaceful gatherings outside factories by striking workers have repeatedly been forcibly dispersed by armed police in recent years. In the process, strike leaders and workers have been injured and may be unlawfully arrested. Local government authorities routinely reject requests for unions to march and rally in public areas." - Moeun Tola, head of labour programme unit, CLEC

"Cambodia is currently facing a crisis in human rights, which constitutes a backward slide in the country's democratisation and efforts to promote good governance. The international community, including the United States, made a significant contribution to bringing peace and the concept of democracy to Cambodia in the early 1990s. Sadly, the hard-won steps which have been made toward pluralistic democracy, and toward economic and social development, are now in danger." - Kek Galabru, president of Licadho

Friday, 11 September 2009
James O'toole and Meas Sokchea
The Phnom Penh Post

Witnesses attack government's human rights record at congressional hearing

HUMAN rights and freedom of expression are under grave threat in Cambodia today, a panel of Cambodian witnesses told representatives from the US Congress on Thursday at a hearing in Washington.

Sam Rainsy Party parliamentarian Mu Sochua, Licadho rights group president Kek Galabru and Community Legal Education Centre (CLEC) labour programme head Moeun Tola were invited to testify in front of the Tom Lantos Human Rights Commission, a congressional body that monitors human rights norms around the world. Copies of prepared remarks were obtained from all three by the Post.

Cambodian democracy is "experiencing an alarming free fall", Mu Sochua said, according to the testimony. Having refused to pay court-ordered compensation to Prime Minister Hun Sen in connection with her defamation conviction last month, Mu Sochua warned that she will be sent to prison in the absence of intervention by the US and other donor countries.

Moeun Tola's testimony focused on labour conditions in the Kingdom, which he said had deteriorated sharply in the last few years. He expressed concern for the security of union organisers in Cambodia, citing the murders of officials from the Free Trade Union of the Workers of the Kingdom of Cambodia including Chea Vichea, Ros Sovannareth and Hy Vuthy. Moeun Tola also criticised Cambodia's lack of a minimum wage, and said that in the only industry with such a standard in place - the garment industry - wages are "insufficient, especially in light of rising costs of food, health problems related to work and other necessities".

He called for the US to institute duty-free status for Cambodian textiles and to urge the Cambodian government to fully implement the 1997 Labour Law.

Kek Galabru highlighted the status of land and housing rights in Cambodia, noting that more than 250,000 people have been victims of land-grabbing since 2003 in the 13 provinces in which Licadho operates.

"Cambodia's increasing landlessness is a recipe for future economic and social instability," she said.

She also cited recent threats to freedom of expression, outlining several of the nine criminal complaints the government has filed against members of media, opposition and civil society organisations since April of this year.

In view of these developments, the Licadho president said that her organisation "believes that the country is facing the gravest threat to its democratic development since the 1997" factional fighting.

Mu Sochua echoed these criticisms, calling for visa sanctions on officials suspected of corruption and a suspension of US aid to the Ministry of Defence until a regulatory framework is established for mineral and petroleum concessions.

Govt denies repression

On Wednesday, the Cambodian Embassy in Washington released a statement defending its government's record on human rights, though it did not mention the congressional hearing specifically.

"Like any democratic country in the world, Cambodia cannot [allow] the proliferation of voluntary public defamation and disinformation intended to create social disorder," the statement said.

Koy Kuong, spokesman for the Ministry of Foreign Affairs, repeated his criticism that the hearing was "unfair" because no representatives of the Cambodian government were invited.

"The opposition groups have never said anything good about the government," he said Thursday. "Whenever there is good news, they ignore it."

Though all three witnesses called for specific reforms in US policy toward Cambodia, it is not clear whether the hearing will generate any substantive changes.

Chea Vannath, an independent analyst and the former executive director of the Centre for Social Development, noted that the commission has no legislative authority in Congress, only the ability to make recommendations.

"In the political structure of the United States, it takes more than a hearing to change policy," she said. Still, she added, such events are important because of their "indirect effects", and their capacity to raise awareness of rights issues.

"This is an international mechanism to promote the rule of law, democracy and international standards," she said.

Cambodian Parliamentarian and Vital Voices Global Leadership Award Honoree Mu Sochua Appears Before Tom Lantos Human Rights Commission

Thu Sep 10, 2009

Cambodian Parliamentarian and Vital Voices Global Leadership Award Honoree Mu Sochua Appears Before Tom Lantos Human Rights Commission

U.S. House of Representatives, Tom Lantos Human Rights Commission, 1 - 3 p.m.

WASHINGTON, Sept. 10 /PRNewswire-USNewswire/ -- Mu Sochua, Cambodian Parliamentarian, human rights advocate and Vital Voices Global Leadership Award Honoree appears before the Tom Lantos Human Rights Commission as a witness in a hearing entitled, 'Human Rights and the Rule of Law in Cambodia.'

As international governments, news agencies, and UN rights experts including the Special Rapporteur on the independence of lawyers and judges have recently reported, there is concern about Cambodia regarding attempts to curtail the rights and freedoms of lawyers, journalists, and members of the political opposition.

A 2008 U.S. State Department Human Rights Report indicates that Cambodian government enforcement of certain laws has been selective, and The Washington Post reported on July 29 that "a heightened crackdown on journalists and opposition activists ... has provoked new concern that the government is engaging in widespread abuse of the nation's legal system to muzzle its detractors." In addition, the June 2009 Trafficking in Persons (TIP) Report released by the U.S. Department of State, ranks Cambodia as a Tier 2 Watch List nation, marking a regression from the previous year's ranking that indicates efforts to combat human trafficking have not been adequate or proven effective. Cambodia is a source, transit and destination country for victims of human trafficking for the purpose of forced labor and commercial sexual exploitation.

Parliamentarian and opposition party member Mu Sochua will present testimony on the condition of human rights and the rule of law in her native Cambodia from the perspective of a lawmaker and internationally recognized advocate for equal rights and democracy.

The hearing will take place in Room 2200 in the Rayburn House Office Building from 1-3 p.m. on September 10.
Mu Sochua

Mu Sochua returned to her native Cambodia in 1991 after 18 years in exile, and has worked tirelessly ever since as one of her country's leading advocates for human rights, working to stop human trafficking, domestic violence and worker exploitation. She joined the newly formed government, eventually becoming the Minister of Veterans and Women's Affairs -- and one of only two women serving in the Cabinet. While serving in the government, Mu negotiated two international agreements with neighboring countries to help curtail human trafficking in Southeast Asia and launched a campaign to bring NGOs, law enforcement officials and rural women into a national dialogue and education program to help protect women and girls victimized by trafficking and boost prevention efforts nationwide. In 2005, Mu Sochua was co-nominated for the Nobel Peace Prize for her work against sex trafficking of women in Cambodia and neighboring Thailand.

Vital Voices honored Mu Sochua with the 2005 Human Rights Global Leadership Award for her efforts to stem the tide of human trafficking. To highlight her work, Mu Sochua, was profiled in Seven, a documentary play written by seven recognized women playwrights that tells the stories of 7 Vital Voices Global Leadership Network Members.

Vital Voices Global Partnership

Vital Voices Global Partnership is a leading NGO that identifies, trains, mentors and empowers emerging women leaders and social entrepreneurs around the globe, enabling them to create a better world. Vital Voices works with women defending human rights, expanding economic opportunities and strengthening government and civil society by equipping them with the capacity, connections, and credibility they need to unlock their leadership potential. Since 1997 the Vital Voices staff and team of over 1,000 partners and pro-bono experts and leaders, including senior government, corporate and NGO executives, have trained and mentored more than 7,000 emerging women leaders from 127 countries. Vital Voices has a four star Charity Navigator rating, awarded to charities that exceed industry standards and outperform other organizations in their field.

Tom Lantos Human Rights Commission

The mission of the Tom Lantos Human Rights Commission is to promote, defend and advocate internationally recognized human rights norms in a nonpartisan manner, both within and outside of Congress, as enshrined in the Universal Declaration of Human Rights and other relevant human rights instruments. In particular, the Commission shall:

• Develop congressional strategies to promote, defend and advocate internationally recognized human rights norms reflecting the role and responsibilities of the United States Congress.
• Raise greater awareness of human rights issues among Members of Congress and their staff, as well as the public.
• Provide expert human rights advice to Members of Congress and their staff.
• Advocate on behalf of individuals or groups whose human rights are violated or are in danger of being violated.
• Collaborate closely with professional staff of relevant congressional committees on human rights matters.
• Collaborate closely with the President of the United States and the Executive Branch, as well as recognized national and international human rights entities, to promote human rights initiatives in the United States Congress.
• Encourage Members of Congress to actively engage in human rights matters.

Contact:
Cindy Dyer, Vital Voices Senior Director of Human Rights CindyDyer@vitalvoices.org
202.446.0503
SOURCE Vital Voices Global Partnership

Cindy Dyer, Vital Voices Senior Director of Human Rights, +1-202-446-0503,
CindyDyer@vitalvoices.org

Three Advocates To Address US Rights Commission

SRP MP Mu Sochua (L) and Licadho's President, Dr. Pung Chiv Kek (R)

By Men Kimseng, VOA Khmer
Original report from Washington
04 September 2009

"When they sue us, they push us to the court, but once we countersue, they tell us not to and ask us to leave them to exercise their freedom of expression ... I think that we should have a clear grammar for democracy. We should not use democracy wrongly and out of grammar, causing people to copy a bad example" - Ong Yentieng, senior Hun Sen adviser and chairman of Hun Sen's regime human rights committee

Three prominent Cambodians are scheduled as key participants in a US congressional hearing on human rights this month, as concerns persist over the government’s ongoing treatment of dissenters.

Mu Sochua, a Kampot National Assembly representative for the Sam Rainsy Party who recently lost a defamation suit to Prime Minister Hun Sen, is set to join Kek Galabru, founder of the rights group Licadho, and Moeun Tola, head of the Community Legal Education Center’s labor program, in Washington Sept. 10.

“It’s high time that we all talk about the reality there, and we have enough evidence,” said Mu Sochua, who last month was ordered to pay more than $4,000 in fines and compensation after she brought a suit against Hun Sen for allegedly degrading remarks in a speech in April.

The three are scheduled to give testimony to the House of Representative’s Tom Lantos Human Rights Commission, co-chaired by Frank Wolf, a Republican from Virginia, and James McGovern, a Democrat from Massachusetts, examining “a concerning trend in the Cambodian government’s overall human rights record,” according to the commission.

The commission cited as one reason for the hearing a July 29 Washington Post report of “a heightened crackdown on journalists and opposition activists” that “has provoked new concern that the government [of Cambodia] is engaging in widespread abuse of the nation’s legal system to muzzle its detractors.”

It also referred to Mu Sochua’s defamation case, diminished rights for workers and labor, and the eviction of people from their land without compensation.

Mu Sochua said in an interview in Washington Tuesday she would discuss these issues and the suspension of her own parliamentary immunity, along with another SRP colleague, which paved the way for two lawsuits.

“I would like to make it clear that the Sam Rainsy Party will not make an appeal to cut aid to Cambodia, so the Cambodian people should not worry about this,” Mu Sochua said. “We are here at the US Congress to provide truth about a grave situation that might affect democracy and human rights in Cambodia.”

Kek Galabru said she will ask the US to assist Cambodia in ensuring its courts are made independent and in finding ways to tackle land issues.

“The land issue is very important because it is the life and bread of some 80 percent of Cambodians living in rural areas,” she said by phone Wednesday.

“The US should help find a way to distribute land in a fair manner to ensure good, successful and positive developments where the majority of people benefit, not just a small group, leaving the majority in tears,” she said.

Meanwhile, shorter work contracts for workers after a US quota program ended and suits filed against labor leaders are a concern, said Moeun Tola, adding “past killings of [union leaders] have never been solved…which is a threat to the freedom of unions.”

The rights commission hearing was announced Aug. 25, and its examination of the situation in Cambodia is a rare instance. Along with the Cambodians invited are representatives from the US State Department.

“I am sorry that the commission only invited an opposition team, without inviting another side…to give a balanced report and find out the truth for a solution,” said Koy Kuong, a spokesman for the Ministry of Foreign Affairs.

That the administration was not invited was “not fair, not neutral, and biased,” he said. “It won’t help promote human rights.”

Cambodia’s own human rights committee, headed by senior Hun Sen adviser Om Yienteng, was not aware of the hearing.

Om Yentieng, contacted Monday, said the government had not broken any laws in pursuing lawsuits against Mu Sochua and others.

“When they sue us, they push us to the court, but once we countersue, they tell us not to and ask us to leave them to exercise their freedom of expression,” he said. “I think that we should have a clear grammar for democracy. We should not use democracy wrongly and out of grammar, causing people to copy a bad example.”

Human rights, human wrongs

(Photo: The Phnom Penh Post)

Friday, 04 September 2009
Mu Sochua
Letter to The Phnom Penh Post

Dear Editor,

"... it is regrettable that the Foreign Ministry spokesman sees no chance that the situation on human rights will improve after the hearing. Does he mean there are violations of human rights in Cambodia after all?"

I write to comment on the concerns expressed by the government of Cambodia regarding the upcoming hearing on human rights in Cambodia by the Tom Lantos Human Rights Commission, reported by The Phnom Penh Post on September 2, 2009 ["US hearing 'absolutely unfair': govt"].

The Tom Lantos Human Rights Commission - formally the Congressional Human Rights Commission founded in 1983 by the late Congressman Tom Lantos, the only Holocaust survivor to serve in the US Congress - is an eminent commission co-chaired by congressmen from both the majority and minority parties.

The eight members of the executive committee of the commission are also equally divided and represented, and the rules of a congressional hearing ensure mandatory consultations with the minority party. Unfortunately, such practice and respect for democratic principles is not the case in the National Assembly of the Kingdom of Cambodia, where all nine commissions are chaired and represented solely by the Cambodian People's Party through the practice of winner-takes-all.

The September 10 congressional hearing is organised to address concerns of US lawmakers over the widespread crackdowns on critics of the Cambodian government and the use of the judiciary as a tool to silence the voice of the opposition.

It is also because the Cambodian government has demonstrated insignificant acknowledgment to recommendations issued by the US State Department, UN bodies, donor governments, civil society and the opposition for democratic, legal and just resolutions to conflicts.

As mandated by the US Congress, the commission is nobly fulfilling its mission by holding hearings that are open to the public. Educating members of Congress and their staff on human rights is part of the mission of the commission, and it is through these public hearings that the US has made improvements on its human rights records; and, as in other countries, this mechanism of checks and balances helps prevent serious forms of human rights violations, including corruption in the state system.

The US contribution to Cambodia is more than US$50 million per year. The US Congress should be aware of how this aid is benefiting the people of Cambodia. The US government, through its embassy, communicates with the government of Cambodia on a regular basis. Congressional delegations also visit Cambodia on a regular basis.

It is rather interesting to note the comment of the spokesman of the Foreign Ministry in Cambodia, calling the hearing "absolutely unfair" while the ministry officially warned all governments providing assistance to Cambodia against interfering in the "internal affairs" of Cambodia following recent public remarks, made by the US ambassador to Cambodia, on corruption.

Furthermore, the Foreign Ministry attacked the US State Department's 2008 annual human rights report as "hypocritical and politically motivated" because the report outlines US concerns over Cambodia's poor human rights record. The labelling and unresponsive statements to outside reports are a practice of the government and, at times, even go beyond respect for world leaders renowned for their commitment to the defence of human rights.

The statement of the president of the Cambodian National Committee on Human Rights, in this quote by the Deutsche Presse-Agentur in 2000, illustrates the attitude of the Cambodian government: "It is simply not true. Cambodia is not like he says. It is beneath Cambodia to respond to people like this," he said, referring to professor Yash Ghai, former envoy of the UN High Commissioner for Human Rights. It should also be remembered that the Cambodian government even failed to send a high level delegation to meet with the UN Committee on Economic, Social and Cultural Rights in Geneva this past May.

Sustainable solutions for sustainable development to a post-conflict nation such as Cambodia cannot be achieved with technical and financial assistance alone. The rights of the people to receive basic services such as health care and education, decent housing, titles to land and their freedom to express opinions are part of development principles and ethics and the code of conduct for civil servants and public figures to accept and to uphold. Effective mechanisms of accountability and political will for reforms have been lacking in Cambodia and the chance of dialogue for constructive resolutions almost entirely shut.

When elected representatives of the people are pursued in court or publicly humiliated or denounced by using state institutions, including the courts, to protect wrongdoings of the state, with no venues to remedy these malpractices, Cambodia as a whole is the victim. The systematic denial of the violations of human rights hurts the people and the interests of the nation while providing total protection and reinforcement to violators of human rights, whether they be private individuals, civil servants or politicians.

Finally, it is regrettable that the Foreign Ministry spokesman sees no chance that the situation on human rights will improve after the hearing. Does he mean there are violations of human rights in Cambodia after all?

Mu Sochua, MP
Sam Rainsy Party

Misuse of law threatens Cambodian democracy

August 19, 2009
By Chak Sopheap
Guest Commentary
UPI Asia.com

Niigata, Japan — In a true democracy, freedom of expression is a fundamental right guaranteed by the Constitution. In Cambodia, however, repeated violations of this right by the government to silence critics are jeopardizing the pace of democracy.

The arrest and imprisonment of many human rights activists since the end of 2005 and early 2006 have been a big setback for democracy in Cambodia. Activists like Kem Sokha, former president of the Cambodian Center for Human Rights and president of the Human Rights Party; Yeng Virak, executive director of the Community Legal Education Center; Mom Sonando, founder of Beehive Radio; and Pa Ngoun Teang, former director of the Cambodia Center for Human Rights’ Voice of Democracy radio and current president of the Cambodian Center for Independent Media have been imprisoned on charges ranging from defaming the government to promoting freedom of expression.

Many other prominent activists, including politicians like Sam Rainsy of the Sam Rainsy Party, have fled overseas for fear of being arrested by the government.

Following many appeals from international and local nongovernmental organizations and pressure from the international community, the Cambodian government has released the activists and promised to decriminalize defamation charges levied against them.

Despite that, in a surprise move, a new law was introduced to silence the voice of parliamentarians. It is similar to the U.N. Transitional Authority for Cambodia Law of 1992, which was used in the past to detain government critics on charges of criminal defamation.

The newly adopted Statute of Parliamentarians contradicts the Constitution, which states that no assembly member shall be prosecuted, detained or arrested because of opinions expressed while exercising his or her duties. Article 5 of the new law, however, takes away that protection if a parliamentarian is found to be abusing an individual's dignity, social customs, public order or national security – without clarifying what constitutes these acts. How can parliamentarians exercise their duties when they fear arrest?

The situation has become worse with the government using various ill-defined laws and the judiciary it controls as a political tool to silence critics. Government officials have filed recent lawsuits against political activists including members of the Sam Rainsy Party, Mu Sochua and Ho Vann, and other prominent journalists and individuals. These activists had raised their voices and concerns against the mismanagement of public services, with the constructive aim of remedying the situation.

Judges have ruled most of these cases in favor of the government officials without following independent court procedures. The case of Mu Sochua is proof that Cambodia’s courts and other public institutions function only to appease the rulers.

In April, Sochua announced that she would sue Prime Minister Hun Sen for allegedly using derogatory and threatening language against her in a speech he made during a visit to Kampot province in southwest Cambodia in March. Kampot is the parliamentary district represented by Soucha. However, the court rejected her case while a counter case filed by her opponent was allowed.

Another case of abuse of court and power was shown by a provincial judge in Ratanakiri province in northeastern Cambodia. Instead of fulfilling his function to resolve a case, he appealed to a human rights organization to remove its two provincial staff, who were involved in the court case, to end the story.

The continuous abuse of the court system and public institutions will weaken the rule of law, making it difficult to sustain democracy in Cambodia. If the government can arrest, sue and fine political opponents and human right activists for their criticisms of state policies, then the judges in the country are also not immune from such action, which then poses a serious threat to democracy and public confidence.

Therefore, the government should review its policies and procedures to improve human rights protections and the rule of law. This will help Cambodia to comply with its Constitution and other international rights covenants, and commit to fully democratize society.
--
(Chak Sopheap is a graduate student of peace studies at the International University of Japan. She runs a blog, www.sopheapfocus.com, in which she shares her impressions of both Japan and her homeland, Cambodia. She was previously advocacy officer of the Cambodian Center for Human Rights.)

CCHR Concerned By Removal Of Pen Bonnar From Ratanakiri Province

CAMBODIAN CENTER FOR HUMAN RIGTHS

PRESS RELEASE
Phnom Penh - 9 August 2009

CCHR CONCERNED BY REMOVAL OF PEN BONNAR FROM RATANAKIRI PROVINCE

The Cambodian Center for Human Rights (CCHR) is deeply concerned by the role played by a Provincial Municipal Judge in the recent removal of Cambodian Human Rights and Development Organisation (ADHOC) activist Pen Bonnar from his position as Ratanakiri provincial coordinator. The CCHR calls on Judge Thor Saran to clarify his recent comments in relation to charges against Mr. Pen and to explain his role in the removal of the provincial coordinator from Ratanakiri. The CCHR is concerned that the case of Pen Bonnar represents evidence of a practice in Cambodia whereby the threat of legal charges is used to silence the voices of human rights activists and to curtail freedom of expression.

The removal of Mr. Pen from Ratanakiri follows an extrajudicial and ultra vires request by Judge Thor to the administration of ADHOC that they remove Mr. Pen from the Province. In so doing, Judge Thor advised, ADHOC would remove Mr. Pen from the jurisdiction of the Provincial Municipal Court of Ratanakiri thereby ensuring that charges of incitement against him would be dropped; “it is easy to end the case and the court can compromise, drop his case and avoid [his] detention”.

Although ADHOC deny that the decision to remove Mr. Pen from the province was made at the suggestion of Judge Thor, the timing of the decision tends to suggest otherwise. Since the removal of Mr. Pen and his reassignment to Svay Rieng Province, Judge Thor has stated that charges of inciting terrorism have been initiated against Mr. Pen. The Ratanakiri Provincial Police and Prosecutors have denied any knowledge of the existence of such a charge against Mr. Pen.

The campaign against Mr. Pen Bonnar arises from his role in a 4 year land dispute in Lumphat district between the developer DM Group and ethnic minority villagers in Ratanakiri Province. In November 2007, violence broke out when members of the ethnic community, who had congregated at the courthouse in Banlung to protest the land dispute at the suggestion of ADHOC, clashed with armed police. Judge Saran has since alleged that Mr. Pen Bonnar had orchestrated the violence in order to facilitate the escape of two men from police custody. Mr. Pen has denied these allegations stating that although he had told the villagers to protest at the court he had told them not to resort to violence.

The CCHR opines that the extent of Mr. Pen’s role in the November 2007 incident was to encourage the ethnic villagers to exercise their fundamental and democratic freedoms of expression and assembly. By alleging that these actions are tantamount to terrorism Judge Thor has displayed a distinct misunderstanding of democracy and the law. Furthermore, by threatening legal action against Mr. Pen so as to ensure his removal from Ratanakiri and his replacement by an individual who can develop “a good relationship with and work with all levels of the provincial authorities”, Judge Thor has usurped his constitutional function to fulfill his duty with respect for the laws, wholeheartedly and conscientiously and to uphold impartiality and to protect the rights and freedoms of Cambodian citizens.

The case of Ben Ponnar represents a serious threat to the work of civil society in Cambodia. The CCHR calls on Judge Thor to clarify his statements and his role in the removal of Pen Bonnar from Ratanakiri Province. The CCHR calls for an end to the practice of using the threat of criminal charges to suppress freedom of expression and to curtail the legal activities of civil society. The CCHR calls on the government to ensure the necessary environment for a viable civil society In Cambodia in the interests of democracy and human rights.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org