If the US does not care about human rights issues in Cambodia as Tea Banh claimed, why would Hor 5 Hong has to approach Hillary Clinton on this issue?

Mu Sochua, Dr. Pung Chiv Kek and Moeun Tola giving their testimonies to the Tom Lantos Human Rights Commission (Photo: SRP North America)

Hor 5 Hong plans to meet Hillary Clinton

23 September 2009
By Leng Maly Radio Free Asia Translated from Khmer by Heng Soy Click here to read the article in Khmer

The spokesman for the ministry of Foreign Affairs (MFAIC) indicated that Hor 5 Hong, the Cambodian vice-PM and minister of Foreign Affairs, plans to meet US Secretary of State Hillary Clinton soon, during his trip the US to participate in the UN General Assembly meeting on 22 September 2009.

Regarding the planned upcoming meeting between Hor 5 Hong and Hillary Clinton, Koy Kuong, MFAIC spokesman, declared: “His Excellency the vice will hold a bilateral meeting with a number of ministers of Foreign Affairs, including Mrs. Hillary Clinton, the US Secretary of State.”

Koy Kuong indicated also that in the meeting with Clinton, Hor 5 Hong will discuss the the US-Cambodian relationships issue, as well as the recent criticisms on human rights violations in Cambodia leveled by NGOs and the opposition party.

Koy Kuong said: “First, he will talk about the relationship, and the bilateral cooperation between Cambodia and the US. Second, regarding the 3 opposition persons who declared to the US Congress [Tom Lantos] Human Rights Commission (TLHRC) on 10 September that there is a restriction on the freedom of expression in Cambodia, it is completely opposite to what these people tell the foreign government.”

Recently, human rights issues in Cambodia was the topic of a hearing held by the US Congress’ TLHRC, an institution which reviews human rights conditions in the world. Dr. Pung Chiv Kek of the Licadho human rights group, Moeun Tola of the Community Legal Education Center (CLEC), and SRP MP Mu Sochua gave their testimonies to this commission.

Oeur Sam Ol, the deputy cabinet chief of the SRP, indicated that Mrs. Mu Sochua plans to return to Cambodia on 25 September 2009. “It was for the 24, by right now she has to go to San Francisco, and she will be back in Phnom Penh on the 25th.”

Koy Kuong said that Hor 5 Hong will comment on the criticisms leveled by Mrs. Mu Sochua regarding the human rights violations to Hillary Clinton.

Mu Sochua's US Human Rights Commission Testimony 09/10/2009

If she’s so scared, why would she return back, can you explain, Doc Cheam Yeap?

Cheam Yeap: Another CPP PhD without attending school?

Dr. Cheam Yeap: The opposition people exaggerate so much overseas and they are now scared (sic!)

21 September 2009
By Ratana
Khmer Sthabna
Translated from Khmer by Socheata

Click here to read Ros Visal's letter to US Secretary of State Hillary Clinton

A high-ranking official of the ruling CPP reacted to the critics by human rights group and an opposition MP after the latter talked without restraint (on 10 September 2009) to the US Congress Tom Lantos Human Rights Commission, and these people are scared when they return back to Cambodia.

On 18 September 2009, Ros Visal, President of the SRP in the US, wrote a letter to US Secretary of State Hillary Clinton asking that the US government helps improve human rights and democracy in Cambodia, and he is also concerned about the use of the biased judiciary system to sue opposition MPs, NGO officials, and reporters. He also asked [for the US] to help ensure the safety of opposition MP Mu Sochua, the elected MP from Kampot province, and Phnom Penh MP Ho Vann, Dr. Pung Chiv Kek, President of Licadho, and Mr. Moeun Tola, the planning director of the Community Legal Education Center (CLEC).

Ros Visal added in his letter that the court system in Cambodia is not independent and government officials are above the law. In regards to freedom of expression, the government did not provide freedom to the people to speak the truth, and whoever dares to criticize the government, that person will be sued for defamation by the court. Freedom of the expression is the foundation to guarantee freedom and democracy, but it is actually not guaranteed, as stipulated in the Constitution.

The content of the letter to Mrs. Clinton also indicated that, in regard to the human rights problems, Members of Parliament, NGO officials, reporters are sued by the court and the legal system is used to lift MP’s parliamentary immunity for political purpose. Regarding the recent forced evictions in Cambodia, no proper compensations were provided and several thousands of families lost their lands and houses and these people have to face even more dire poverty situation.

Cheam Yeap, the CPP MP from Prey Veng and a high-ranking CPP official, reacted by saying that these are exaggerations of the truth provided to US representatives (on 10 September 2009), and he added that these people are now scared when they want to return back to Cambodia, so they are sending out letters seeking help interventions.

Dr. Cheam Yeap indicated the US government cannot interfere inside Cambodia’s boundaries, and what the opposition people spoke, it was way out of limit, and now they are scared. He said that what the Phnom Penh regime undertook, it was all according to the law, and it was never outside of the law and the democratic principle, but nevertheless, there are still some cracks in everything.

Khieu Kanharith, the minister of Information and government spokesman, could not be reached over the phone in the afternoon of 21 September.

However, recently, Ouch Borith, the secretary of state for the ministry of Foreign Affairs, said that Mrs. Mu Sochua and the civil society close to the opposition party are lying, and that it was not true. He said that the government plays the democracy game, so Mrs. Mu Sochua should return back without fear.

Yim Sovann, SRP spokesman, said that both Cambodians and foreigners are very concerned about the human rights and democracy situation in Cambodia.

Lawmaker [Mu Sochua] Hails US Trip a Success

Left to right: US Congressman Jim Moran (D-Va), US Congressman James P. McGovern (D-Ma), SRP MP Mu Sochua and US Congresswoman Niki Tsongas (D-Ma)

By Sok Khemara, VOA Khmer
Washington
16 September 2009

Mu Sochua, an opposition lawmaker who testified before US Congress Thursday, said her trip to the US had meant more attention to Cambodia’s rights issues and more monitoring of the situation by the US.

The US will work to end injustice in the court and other crackdowns, she said, as a guest on “Hello VOA” Monday, following talks with senior US officials.

“First, they will send a team of high-level delegates to clearly assess the situation in Cambodia,” said Mu Sochua, who represents the Sam Rainsy Party for Kampot province. “And second, they said aid must be attached to the respect of human rights. Third, they will pay close attention and they will monitor and take action to end the use of injustice in the courts to crack down on opposition members of parliament.”

Mu Sochua was referring to herself and SRP lawmaker Ho Vann, both of whom had their immunity stripped earlier this year and faced lawsuits from high-level officials.

She testified Thursday before the Tom Lantos Human Rights Commission of the US House of Representatives, along with Kek Galabru, founder of the rights group Lichado, and Moeun Tola, of the Community Legal Education Center.

Cambodian officials dismissed the hearing as biased and denied many of the accusations of its participants as exaggerations.

“What I came to testify here for was not my personal interest,” Mu Sochua said Monday, “but the people’s interest.”

Official Denies Statements at US Rights Hearing

Ouch Borith: A master of "truth spinning"?

By Chun Sakada and Men Kimseng
Original reports from Phnom Penh and Washington
16 September 2009

A Foreign Affairs official dismissed as false statements made to US Congress by Sam Rainsy Party lawmaker Mu Sochua, in a human rights hearing last week.

Mu Sochua’s description of a country where democracy was a “façade” was meant “only for cheating the Cambodian people,” said Uch Borith, a secretary of state for the ministry, told reporters at a press conference after meeting with US Ambassador Carol Rodley.

He also denied reports on a Web site called Khmer Intelligence KI-Media that US Secretary of State Hillary Clinton would send a delegation to investigate rights issues.

The Tom Lantos Human Rights Commission invited three prominent Cambodians to testify on Thursday, after noting a worrying trend in the erosion of rights and freedoms in the media.

Mu Sochua and another opposition lawmaker had their parliamentary immunity revoked earlier this, as the courts pursued lawsuits against them by senior officials; and at least one opposition journalist is in jail after accusing senior officials of corruption.

Meanwhile, a US congressman said Cambodian government representatives should have been invited to the hearing last week should the US wish to see changes in Cambodia’s human rights record.

“I do not believe that holding a hearing that gives voice to the opposition party and excludes the ruling party is the way for us to proceed in affecting change in Cambodia,” Eni Faleomavaega, a Democrat from Samoa, said in a statement issued on the day of a hearing conducted by Tom Lantos Human Rights commission. “I also do not believe that any Commission should usurp the role of the US Department of State or the diplomatic relations we have established between our two countries.”

Damage control awashed in a sea of untruthfulness by Hun Xen's regime in Mu Sochua's US testimony

Govt criticises Mu Sochua’s US testimony

Wednesday, 16 September
Irwin Loy and Cheang Sokha
The Phnom Penh Post

THE government has issued a statement condemning last week’s US congressional hearing on human rights in Cambodia.

The statement, released Tuesday, focused especially on Sam Rainsy Party parliamentarian Mu Sochua, who told the Washington hearing on Thursday that Cambodian democracy is “experiencing an alarming free fall”.

In its statement, the government responded, “[The Cambodian government] totally reject[s] any unfounded accusations made by Mu Sochua.”

Prime Minister Hun Sen, the statement continued, “has always enhanced the reputation and honour of the National Assembly at national and international levels and promoted debates in the adoption of laws without prejudice”.

It also slammed the US Congress for not inviting Cambodian government officials to testify, warning that the move could relations with the US.

“A hearing with only a small group from the opposition is not balanced and does not respect the principles of democracy and fairness,” the statement read. “Such an activity will affect Cambodia-America relation[s].”

The two-page statement finished with a defence of the country’s record on human rights.

“[The Cambodian government is] very proud to note that Cambodia … is making progress in all fields, especially in the areas of human rights and democracy.”

During her testimony, Mu Sochua called for visa sanctions on officials suspected of corruption and the suspension of US aid to Cambodia’s Ministry of Defence. She is currently travelling in the US but plans to return to Cambodia on September 23.

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.