End Threats to Opposition Lawmaker

Cambodia: End Threats to Opposition Lawmaker

One of Parliament’s Few Women Faces Criminal Defamation Suit

May 5, 2009
Human Rights Watch

(New York) - Prime Minister Hun Sen and other senior members of the ruling Cambodian People's Party (CPP) should stop threatening to orchestrate the removal of lawmakers' parliamentary immunity in order to silence government critics, Human Rights Watch said today.

In a speech on April 29, 2009, Hun Sen said that it would be "as easy as ABC" to have the parliamentary immunity lifted for Mu Sochua, a National Assembly member. This would permit the government to bring criminal charges against her and prosecute her for publicly criticizing the prime minister. The Phnom Penh Municipal Court has summoned Sochua to court on May 7.

"This is yet another blatant attempt to silence the political opposition," said Brad Adams, Asia director at Human Rights Watch. "By threatening to prosecute opposition members of parliament on bogus charges, Hun Sen shows once again that his goal is elective dictatorship, not a genuinely pluralistic democracy."

Under Cambodia's Constitution, members of the National Assembly are immune from prosecution unless the assembly lifts their parliamentary immunity. The CPP has a long history of lifting the parliamentary immunity of opposition figures, though, in order to bring politically motivated criminal charges against them.

Mu Sochua, a member of the opposition Sam Rainsy Party (SRP) representing Kampot province, is one of the few female members of the National Assembly. On April 23, she and her lawyer announced her intention to file a defamation complaint against the prime minister after he publicly accused an unnamed woman from Kampot of "inciting" problems and acting like a gangster (cheung klang, literally "strong leg," a term considered especially derogatory for women). Sochua had said she was physically manhandled by a CPP military general during the 2008 election campaign. But Hun Sen, in his remarks, contended that she had instead acted provocatively by "rushing to embrace someone" and then complaining that the person had ripped open several of the buttons of her blouse.

The day after Sochua announced her lawsuit, a senior prime ministerial adviser, Om Yentieng, told the press that Hun Sen would counter-sue Sochua, and that all CPP National Assembly members would support lifting her immunity.

Five days later, Hun Sen confirmed that he was suing "a lady," whom he described as "stupid," as well as her lawyer. The lawsuit against Sochua was filed on April 27 by Hun Sen's lawyer, Ky Tech, former president of the Cambodian Bar Association. Ky Tech has also filed a complaint with the Bar Association against Sochua's lawyer, Kong Sam Onn, accusing him of violating the lawyers' code of ethics in this case.
Opposition figures convicted on politically motivated charges after their parliamentary immunity was lifted include Cheam Channy, an SRP member convicted in a biased trial in 2005 on unsubstantiated charges of creating a rebel army, and the party leader, Sam Rainsy, the same year for allegedly defaming government leaders.

"Punishing Mu Sochua is no idle threat as Hun Sen continues to find ways to intimidate the opposition," said Adams. "Threats to prosecute government critics and lawyers are especially difficult to counter in Cambodia, where the courts are controlled by the government. No judge in Cambodia would stand up to Hun Sen."

Vibrant Cambodian Women's Leader Aims to Turn the Tide on Corruption

ILLUSTRATION: S.M. VIDAURRI

In a country still emerging from a Civil War, corruption is the norm and life is cheap

April 16, 2009
By Katrin Redfern
The New York City Independent Media Center

In Cambodia, the weight of many struggles for justice is carried by a courageous woman. In a nation that suffers from police and government corruption, gender inequality, influence from foreign nations and corporations, and battles for control of resources, it is remarkable that Sochua Mu has accomplished so much.

In Cambodia major battles are going on for power and control of resources- land, timber, fisheries, and oil- whose outcome could well shape the lives of the 14 million Cambodians. A corrupt elite is taking over the nation’s emerging export sectors, while international donors turn a blind eye. With the change of administration, the position the US takes on these issues is seen as key by many Cambodians.

The Indypendent interviewed a leading opposition politician and principal founder of the women's movement in Cambodia, Ms. Sochua Mu, during her recent visit to the U.S. Ms. Sochua was visiting the US to lobby the incoming administration to take a firmer line on supporting democracy and human rights in Cambodia. During her visit she met with Secretary of State Hillary Clinton. Sochua described the purpose of her meeting: “I came because I needed to see the people in the new administration to urge them to re-assess US foreign policy. Cambodia is a democracy on paper but in reality a dictatorship. Our party activists are murdered because they fight for justice - life is still cheap in Cambodia. Human trafficking, drug trafficking, land grabbing and forced evictions are all carried out under the nose of the government. As a member of Cambodia’s parliament I met with the US Secretary of State and asked her to send a delegation to Cambodia to hear what the people have to say. I hope that the US will demand more from the Cambodian government in terms of human rights and respect for its people. They have already suffered more than enough”.

Sochua is critical of US aid that focuses mainly on military and security, a leftover from the Bush administration: “the US must change this policy that focuses on the use of the military to defend borders. The new administration must not fall into the same trap” she says. “The international community provides over 500 million dollars in development aid annually to Cambodia in part to reform the police and the judiciary. However, the international donor community is reluctant to criticize the government for its poor performance on human rights, preferring to practice closed-door diplomacy. This practice has yielded next to no reforms and donors continue to be satisfied with token actions taken by the government to give a façade to democracy and social justice.”

Sochua hopes to lobby the Obama administration to take a firmer stance on supporting democracy and human rights, as well as redirect U.S. aid that she says the Bush administration focused on military and security. According to U.S. Agency for International Development (USAID), the United States provided Cambodia $54 million in 2008 and $700 million total since USAID opened an office in the country in 1992.

Sochua regularly stands up to Cambodia’s dictatorial Prime Minister for the past 15 years, Hun Sen, in a political climate that often sees “disappearances” of persons the government finds troublesome. Forced to flee for her life at 18 in the early 1970s as the Vietnam war spilled over into Cambodia, she said goodbye to her parents, trapped in the country as it fell under the command of the Khmer Rouge. They vanished during the genocide that would claim the lives of roughly one quarter of Cambodia's population. Sochua remained in exile for the next 18 years. She won a scholarship to Berkeley and worked as a counselor and translator for the Cambodian refugees that began to trickle over. She eventually became a US citizen. A few years later she went back to Asia to organize schooling for Cambodian children and social services for women in the refugee camps set up by the UN on the border between Thailand and Cambodia, until she was able to enter Cambodia in 1989. Says Sochua “what I saw when I returned home was a country in ruins. I would take my young children on walks in streets where I learned to bike, where I wandered with my childhood friends, where I went to school, all the years of joy, of happiness, of deep feelings of comfort came back to me. But I was no longer a child. I came back to help rebuild a nation. The war and genocide also changed my people. They have lost their sense of trust for each other, they have become hard inside and desperate for just daily survival.”

Back in Cambodia Sochua started the first women’s organization there to help poor urban women earn a better living. The group, Khemara, campaigned to include women’s rights and concerns into the country’s new constitution, drafted in 1993, and became involved in efforts to rescue girls caught in Cambodia’s thriving sex trade. In 1998 Sochua ran for election and won a seat in parliament. She became the first woman to take over the Women’s Affairs Ministry that hitherto had been run by a man. In a country that considers women inferior to men, Sochua mobilized 25,000 women candidates to run for commune elections in 2002, the first of their kind in the history of Cambodia, with over 900 women elected. She negotiated an agreement with Thailand allowing Cambodian women trafficked as sex workers to return to their home country instead of being jailed. She pioneered the use of TV commercials to spread the word about trafficking to vulnerable populations. Her work in Cambodia also supports campaigns with men to end domestic violence and the spread of HIV/Aids; strengthening rights of female entrepreneurs and enforcement of labor laws that provide fair wages and safe working conditions for female workers; and development of communities for squatters with schools, health centers, sanitation, and employment. In 2005 she was nominated for a Nobel Prize for her work against sex trafficking of women.

When it became clear that retaining her high position in the government would require playing a part in corruption, Sochua Mu renounced the leadership and joined the primary opposition party in parliament, to focus on rebuilding Cambodia from the bottom up. At times, she admits, the burden on her family life is heavy. Last week Sochua announced that she is considering legal action in Cambodia’s courts against the Prime Minister for allegedly using derogatory and threatening language against her in a speech he made last month during a visit to Kampot province in SW Cambodia, the parliamentary district represented by Mu Sochua. The speech, which was widely reported on Cambodian TV and other media, warned villagers not to seek help from members of the opposition party but to approach the ruling Cambodian People’s Party, and allegedly referred to Ms. Sochua using a khmer term ‘cheung kland,’ meaning approximately a gangster or unruly person and considered especially insulting by Cambodians when applied to a woman. Says Ms Sochua “This is very defamatory and I need to clear my case or I will not be able to properly serve or serve with dignity my function as MP in Kampot. This is inviting other men to abuse women whenever they want”.

This is the latest episode in a series of public disagreements in which Ms. Sochua, a former Minister for Women’s Affairs, has accused the Prime Minister of not doing enough to prevent people in her district from suffering loss of property and livelihoods at the hands of powerful investors, often with the backing of local authorities and the military.

Most Cambodians still depend on small-scale agriculture, forest exploitation and fishing for their livelihoods but, because of the country’s turbulent recent history, land ownership is generally undocumented and often contested. As a result, it is easy for the powerful to acquire land and hand it over to investors for commercial and tourism development. Says Sochua “The military is involved in almost all cases of land grabbing and use of force to bulldoze farmers' lands, to protect private companies when there is burning of communities for land grabbings. Look at the involvement of the military in the oil extractions while corrupt and non-transparent deals are made by the heads of the government and the military. It is now common practice for powerful corporations and government officials to utilize armed forces to push citizens off their rightfully and legally held land. These evictions are often violent, with soldiers wielding guns, tear gas and tazers and burning houses to the ground, while citizens are beaten, maimed and arrested. Over 150,000 Cambodians were victims of forced evictions and land grabbing in 2007 alone.”

In the last ten years vast tracts of forest and farmland have been acquired by the government and military and turned over to large corporations. Studies have estimated that such concessions cover as much as one-third of the entire area of Cambodia. In one recent case, houses in a village in her district in Kampot province were burned down and the owners attacked by persons not yet identified as part of an apparent effort to evict them. Ms. Sochua told the Indypendent “The villagers had their homes burned down and five were severely injured. The land they lived on for over ten years is now being taken away by the army and will likely be given as a concession to some companies under the pretext of development. We are talking about thousands of hectares of land. I have been there three times and pressed the local authorities to protect the villagers and bring the land grabbers to justice. I have formally requested the Prime Minister to help return the villagers to their land and rebuild their houses but have never even received a reply”.

Cambodia's economy relies on three principal sources of income: textiles, tourism, and agriculture. It is one of Asia's most liberal regimes for foreign investors. Its reliance on textiles is so extreme that Cambodia has become beholden to U.S. retailers. The United States is the largest overseas market for Cambodian goods. As former U.S. Ambassador to Cambodia Mussomeli put it, "Levi Strauss or the Gap could destroy this country on a whim."

Chevron discovered oil offshore several years ago. The company is still determining the size of the field, but the Cambodian government says it hopes to begin pumping oil in 2011. The IMF estimated last year that the country could earn as much as $1.7 billion from oil within ten years of the date pumping begins.

While this could mean more income for a country that relies on donors for about half of its annual budget, NGO’s worry that it won’t be subject to the oversight, however limited, that the foreign aid brings with it. Other NGO’s argue that the best route is to declare a moratorium on aid until there's basic governance and a transparency framework in place. Cambodia is ranked third in the region for corruption levels.

When asked if she was hopeful about the situation in Cambodia improving, Sochua’s response was clear: “No, not until there is a change of regime. That can only happen when we have a real election that is free and fair. The West should insist on that, otherwise all the aid they have poured into Cambodia will not work”.

Chhun's coup trial nears its beginning

04/01/2008
By Wendy Thomas Russell, Staff Writer
Long Beach Press Telegram (California, USA)

LOS ANGELES - Seven years ago, Yasith Chhun sat in his 10th Street accounting business, chatting excitedly about his recent failed coup of the Cambodian government - and openly promising to attempt another.

This week, his demeanor is sure to be far more subdued.

Now 51, Chhun faces a federal trial in U.S. District Court on charges stemming from the very conduct he once was so proud to share. Jury selection concluded Tuesday, and opening statements are scheduled for today before Judge Dean Pregerson.

If convicted, Chhun could be sentenced to life in prison.

Chhun was arrested in 2005 after a lengthy FBI investigation into possible terrorist activity generated out of his Long Beach business. He is charged with conspiracy to kill in a foreign country, conspiracy to damage or destroy property in a foreign country, conspiracy to use a weapon of mass destruction outside the United States and engaging in a military expedition against a nation with which the United States is at peace.

Until his arrest, Chhun's tax-preparation business, as well as his political views, were widely known in Long Beach's large, tight-knit Cambodian community.

According to an indictment, Chhun's anti-communist rebel group, the Cambodian Freedom Fighters, attempted to overthrow Prime Minister Hun Sen's government in November 2000 by launching an attack on several government buildings.

The coup failed almost immediately, but at least three people were killed - all of them rebels - and others were injured.

Interviewed by the Press-Telegram in June 2001, Chhun spoke freely and fearlessly about what he termed "Operation Volcano," the name given to the attack.

He detailed, matter-of-factly, his mission to bring American-style "freedom, justice and democracy" to his former country. He bragged about the publicity he had received, and he chatted about his ambitious rebellion as if it were a board game.

"It's like playing chess," he said, laughing. "Put (the pieces) where the horse is and where the king is."

The "king" Chhun referred to was Hun Sen, a former communist who staged his own bloody coup in 1997 and then called an election a year later under pressure from international leaders.

Hun Sen won the election, but many continue to believe he is a corrupt, dictatorial leader masquerading as a liberator. He has been accused of doing little to save the country's 17million people from poverty, disease, crime and oppression.

Because so many others agreed with CFF's opposition to Hun Sen, Chhun was able to raise money for his cause in the United States. In May 2000, for instance, he staged a fundraiser on the Queen Mary.

Members of Chhun's group were convicted in Phnom Penh in 2001. Because the United States has no extradition treaty with Cambodia, however, Chhun himself was tried and convicted in absentia.

Because he was certain he had committed no American crimes and had no plan to return to his native country, Chhun told the newspaper he was confident in his choices.

"You cannot be a rabbit to control a tiger," he said at the time. "I am not scared of anything."

wendy.russell@presstelegram.com, 562-499-1272

People Power can change Cambodia

March 31, 2008
By SOURN SEREY RATHA
UPI Asia Online

Guest Commentary

CRANSTON CITY, R.I., United States - The ruling party of Cambodian Prime Minister Hun Sen, in another politically motivated ploy to weaken rivals prior to national elections in July, arrested Tuot Saron of the opposition Sam Rainsy Party on March 18. He is now awaiting trial on trumped-up charges.

The authorities were planning to arrest at least two other party officials, whom they accused of intimidating and mistreating members of their own party who want to defect to the ruling Cambodian People's Party.

Rights watchdog Human Rights Watch said that such dubious arrests of opposition officials months ahead of an election "should set alarm bells ringing." Brad Adams, the group's Asia director, said, "This divide-and-conquer strategy is a well-known tactic of Prime Minister Hun Sen to subdue his opponents." He said human rights had been violated in every election cycle in Cambodia.

The only way Cambodians can break Hun Sen's divide-and-rule plan is to unite and launch a People Power initiative. The term typically refers to the popular protest movements in the Philippines that led to the ouster of two presidents, most famously Ferdinand Marcos in 1986. Such a movement should unite all opposition parties and the people of Cambodia to end Hun Sen's authoritarian rule.

People Power is also a social movement that could challenge Cambodia's Constitution and seek greater freedoms and rights for its people. Such collective and united efforts would not only give opposition parties the power to fight the current communist rule, but also the strength to denounce any government that comes to power and fails to act on its election promises of creating social harmony and looking out for the people's welfare.

In the past, Hun Sen has rejected People Power as a possibility. However, the ability of monks to vote is a real concern to the ruling party. Monks form an integral part of Cambodia's social community. They influence the faith and political perceptions of the people, 95 percent of whom are Buddhist.

Holding elections is a good thing, but most government atrocities and human rights violations occur after the elections are over. People Power can police the actions of any party that comes to power. In the current scenario, the legislative and executive branches of the government are controlled by the ruling Cambodian People's Party, which is averse to People Power. There is growing concern within the party that a mass protest movement could arise and depose Hun Sen.

Cambodia's veneer of political pluralism grew thinner in 2007. Last year saw the recurring pillage of Cambodian people's land and other natural resources and the jailing of government critics, independent media, and political dissenters, all under the pretext that the groups were attempting to weaken civil society. The Cambodian authorities have never conducted any serious investigations into these matters. Instead, Hun Sen has continued to arrest officials from opposition parties that voice dissent and organizers who stage demonstrations.

Politics in Cambodia have never fully recovered from the events of 1997. On March 30 that year, a grisly grenade attack at an opposition party rally led by former Finance Minister Sam Rainsy left 16 dead and more than 150 injured. In July of the same year a coup -- described by Cambodians as an executive usurpation of power by Hun Sen against Prince Norodom Ranariddh -- cost hundreds of lives. What remained after the coup was a ruthless pattern of extrajudicial executions aimed at rooting out Ranariddh loyalists. General Ho Sok was fatally shot -- presumed executed within the perimeter of the Interior Ministry building. After elections in 1998, Hun Sen presumably ordered his bodyguards and special police force to open fire on over 10,000 demonstrators gathered in front of the National Assembly.

From 1992 until 2006, almost 4,000 activists and supporters of the FUNCINPEC party -- National United Front for an Independent, Neutral, Peaceful, and Cooperative Cambodia -- Buddhist Liberal Democratic Party, Sam Rainsy Party, and other small parties have been killed. At least 130 families have sought refuge in other countries, while 56 families still await political asylum in sympathetic countries elsewhere.

In 2007, in Preah Vihea province, 317 innocent families were evicted and their houses burned. In Phnom Penh, Chhruoy Changva, and Tonle Basac, military police officers arrested, razed, and burned houses displacing thousands of families. The officers claimed that the land belonged to private companies that would utilize it for public projects. Later, thousands of displaced families were relocated -- or rather dumped at sites outside the capital. These sites lacked drinking water and proper sanitation facilities.

Authorities in Phnom Penh and Battambang province seized all 2,000 copies of the inaugural issue of the monthly "Free Press Magazine" when it was distributed on Nov. 2, 2007. Fearing arrest, the magazine's editor-in-chief, Lem Piseth, and distribution director, Heu Chantha, have been in hiding, according to the Phnom Penh-based Cambodian Center for Human Rights.

Hun Sen has been exemplary in demonstrating how a dictator should cope with the West. He has allowed the development of opposition parties, but murdered their activists. He has allowed opposition figures to emerge, but has not attempted to successfully co-opt them into his regime. He has allowed unions and human rights groups to exist, but prominent individuals within those groups have been killed. When critics or opposition parties increase their efforts to organize rallies and programs for the poor and victims of abuse, political oppression escalates as the elite dig in to defend their interests.

People Power is a challenge, not only to the ruling party but also for the people of Cambodia if they hope to change the leadership and the regime. It is time for Cambodians to conduct a countrywide survey on whether they want to keep the monarchy or become a republic.

Foreign aid, including from the United States, still makes up about 50 percent of Hun Sen's budget. While Hun Sen claims Cambodia is on its way to democracy, what is really happening is the Vietnamization of the country. It's a wake-up call for all Cambodians to gear up for People Power.
--
(Sourn Serey Ratha is chief of mission of the Action Committee for Justice and Equity for Cambodians Overseas, based in Rhode Island, United States. He was born to a farmer's family in Cambodia, earned B.A degrees in law and sociology in Phnom Penh and an M.A. in international policy from Mara University of Technology in Malaysia. He has been a social activist for his country on the national and international levels since 1997. ©Copyright Sourn Serey Ratha.)