Bi-partisan US Congress Resolution 820 Condemning the pervasive corruption of the Kingdom of Cambodia

Left to right: Rep. Ed Royce (R-California), Rep. Frank Wolf (R-Virginia), Rep. Jim Moran (D-Virginia), Rep. Joseph Cao (R-Louisiana)

Click here for the original Resolution (PDF)

[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H. Res. 820 Introduced in House (IH)]

111th CONGRESS
1st Session
H. RES. 820

Condemning the pervasive corruption of the Kingdom of Cambodia.

________________


IN THE HOUSE OF REPRESENTATIVES

October 8, 2009

Mr. Royce (for himself, Mr. Wolf, Mr. Moran of Virginia, and Mr. Cao)
submitted the following resolution; which was referred to the Committee on Foreign Affairs

________________

RESOLUTION

Condemning the pervasive corruption of the Kingdom of Cambodia.

Whereas the Government of the Kingdom of Cambodia temploys threatening tactics, including the murder of opposition candidates, to curb political dissent;

Whereas according to Human Rights Watch, Khim Sambo, a reporter for Moneaksekar Khmer, a newspaper affiliated with the opposition Sam Rainsy Party, was shot and killed and his son was fired upon numerous times in a drive by shooting in central Phnom Penh on July 11, 2008;

Whereas according to Human Rights Watch, ``this killing appears to be intended to send a message not to engage in opposition politics'';

Whereas the Cambodian judicial system is fraught with corruption and is used as a tool by the ruling party to silence opposition;

Whereas Freedom House has consistently rated Cambodia as ``Not Free'', in its rankings of world freedom;

Whereas according to the NGO Global Witness, ``Cambodia is run by a kleptocratic elite that generates much of its wealth via the seizure of public assets, particularly natural resources'';

Whereas, Yash Ghai, Special Representative of the United Nations Secretary-General on Human Rights in Cambodia issued the following statement to the United Nations Human Rights Council, ``One does not need expertise in human rights to recognize that many policies of the government have subverted the essential principles of democracy and due process, deprived people of their economic resources and means of livelihood, and denied them their dignity'';

Whereas Parliamentarian Mu Sochua, a member of the opposition Sam Rainsy Party, was stripped of her parliamentary immunity and given a criminal conviction for openly criticizing Prime Minister Hun Sen;

Whereas Ms. Sochua testified before the Tom Lantos Human Rights Commission on September 10, 2009, ``I am one of thousands of innocent journalists, trade union leaders, teachers, and villagers who are tried by a judicial system that is well know for corruption, for incompetence and for acting under the control of the government and those who have political influence and money'';

Whereas the Cambodian Government is often complicit in the sex trade industry and endemic corruption has exacerbated the problem of human trafficking;

Whereas according to the U.S. Department of State 2009 Trafficking in Persons Report, ``Corruption is pervasive in Cambodia and it is widely believed that many individuals, including police and judicial officials, are both directly and indirectly involved in trafficking''; and

Whereas local police and governmental officials commonly accept bribes and extort money to allow brothels to stay in business: Now, therefore, be it

Resolved, That the House of Representatives--

1. condemns the repression of opposition candidates by the ruling Cambodian People's Party in Cambodia; and
2. calls on the Government of the Kingdom of Cambodia and international organizations to take concrete steps to combat the worsening problem of human trafficking in Cambodia.

I am an optimistic person: Surya P. Subedi, the appointed UN Special Rapporteur for Human Rights in Cambodia

Wednesday 22nd Apr 2009
eKantipur.com (Nepal)

Surya P. Subedi has just been appointed the UN Special Rapporteur for Human Rights in Cambodia by the Human Rights Council, a tough job by any standard. The UN and the Cambodian government have had thorny relationship on the issue of human rights. Although the mandate remains the same, the Special Representative position was changed to that of the Special Rapporteur, following the resignation of Yash Ghai last year. Ghai suffered personal attacks and even a visa ban at the hands of the Cambodian government. Subedi is a Professor of International Law at University of Leeds and a practicing Barrister in England. He was appointed an honorary OBE in 2004 by Queen Elizabeth for his services to international law and Britain-Nepal relations. Surya Subedi spoke to John Narayan Parajuli about his new role and lessons Nepal can draw from Cambodia.

Q: Why were you appointed the UN Special Rapporteur for Human Rights in Cambodia?

Subedi: I believe it was because of my standing as a truly independent, impartial, and objective academic; my expertise in international law in general and international human rights law in particular; and my familiarity with legal, political and human rights issues in Asia in general and Cambodia in particular.

I worked as a General Editor of an annual pan Asian publication -- the Asian Yearbook of International Law -- for six years. It enabled me to interact with academics and other intellectuals from many Asian countries, including Cambodia. Perhaps being a Nepali citizen helped. Nepal has no axe to grind against any nation. We Nepali people are generally liked in international circles for our friendly nature and hard working and sincere character. I believe a well-qualified, hard-working and sincere Nepali is well placed to serve in any high international positions.

Q: The UN and the Cambodian government have been at loggerheads over the issue of human rights for quite some time and that makes your job very challenging, doesn't it?

Subedi: Yes, it does make my role challenging. But again the very position of a UN Special Rapporteur is a challenging one -- to perform a difficult and at the same time a noble task. I regard this as a huge privilege and a great opportunity to make my contribution to the promotion and protection of human rights. Promoting human rights and speaking for the oppressed, marginalised and disadvantaged people is always a challenge. I am committed to human rights and the rule of law nationally and internationally and I would do whatever it takes to promote and protect the rights of Cambodian people. That is my main objective. But my approach would be a constructive one -- designed to achieve results rather than unnecessarily antagonizing people.

Q: Your predecessor Yash Ghai resigned in frustration. There is a growing concern among civil society leaders in Cambodia that you might receive the same kind of hostile treatment from the government just like your predecessors.

Subedi: Let us wait and see how the people and the government of Cambodia will deal with me when I begin my task. I am by nature an optimistic person. I was encouraged by the tone and content of the speech delivered by the Cambodian ambassador to the UN after the decision by the UN Human Rights Council to appoint me to this position. His approach was a constructive one and he said his government would co-operate with me. I hope the government authorities realize that the progress, prosperity and peace in Cambodia lies in greater respect for human rights and the dignity of each and every Cambodian citizen.

Q: Does your understanding of conflict in Nepal add value to your work in Cambodia, and vice versa?

Subedi: Yes I believe that my study and analysis of the situation in Nepal for a long time as an independent and objective person will help me to understand and appreciate better the situation in Cambodia and the plight of the people there. I have been writing quite frequently and for a long time in both the Nepali and international media on the constitutional, legal and political situation in Nepal and have advanced my own views on how to make the constitutional, legal and political system in Nepal a fair, inclusive and equitable one for all. Likewise, I hope the experience that I will gain from my work in Cambodia will enable me to make a contribution to improve the human rights situation in Nepal, and to encourage political leaders to embrace democracy and democratic culture both in their words and deeds. I have said elsewhere that democracy has come to the people and the country of Nepal but not to the political leaders.

I do not think Nepalese leaders have been able to articulate any foreign policy for the country. The time to go out with a begging bowl to foreign countries should be over. It only lowers Nepal's standing internationally and exposes the naïve and shallow character of Nepal's political leaders. No foreigners will build Nepal. Foreign countries have their own agenda behind whatever assistance they may provide to Nepal. People in Nepal should start believing in themselves and put their act together to build the nation.

Q: Cambodia has had a long period of political transition with occasional setbacks between the Paris Peace Accord signed in 1991 and now, how would you describe the process, and is there a lesson Nepal can learn from it?

Subedi: The lesson Nepal can learn from the Cambodian experience is to abide by the letter and spirit of past agreements reached among the major political actors. Once people start deviating from their own commitments they lose the trust and confidence of other people. Such a breakdown in trust and confidence costs the country and the people dearly. This is what seems to be happening in Nepal. Political leaders should lead the way and set good examples at least in their public life. You are right to point out the commitments expressed in the Paris Peace Accord concerning the situation in Cambodia. But the process to implement the commitments has been frustratingly slow. That is why Cambodia finds itself in this situation. In my personal opinion, both Cambodia and Nepal should honestly honour and implement the provisions in the past agreements to move the country forward so that they can achieve higher economic growth, political stability and social harmony in order to ensure that the fruits of democracy reach to as many people as possible

Q: Is there a chance that the current transitional period in Nepal will drag that long?

Subedi: No it should not last that long in Nepal. I am hopeful that the constitution will be written and promulgated within the stipulated time frame. There is no other way out and any sensible political leader should have realised this. However, writing a new constitution is not an end itself. It is a vehicle to advance the society in a more civilised manner. For this, the political process should take the issues of impunity, transitional justice, and respect for human rights as seriously as the process of writing the new constitution. It is where people like us with independent and objective minds and no party political ties have a role to play in applying more pressure on the government and all political leaders and assist the UN agencies such as the Office of the High Commissioner for Human Rights (OHCHR) in playing a more meaningful and effective role in Nepal.

Q: What is your take on the ongoing debate and controversy surrounding the issue of army integration in Nepal?

Subedi: The issue relating to the integration of the Maoist fighters into the Nepal army is basically a political one and should be resolved on the basis of the past agreements reached. The rank and file of the foot soldiers in both camps are the sons and daughters of the same poor Nepali people. They both have same aspirations for themselves and for their country and have similar traits. It should not be a problem to bring them together. There should be a programme of training to depoliticise the mind-set of Maoist fighters fit for a professional army loyal to the nation and the people as a whole rather than to their political masters. The problem may lie in the integration into the upper levels of the military hierarchy as the people in the existing Nepal Army would like to safeguard their current position and their prospects for promotion etc. But the number at the top end of the scale is small and a political solution should and could be found to address such concerns.

Q: What are your hopes and fears for the Nepali peace process?

Subedi: I am optimistic. In terms of the political change, so much has been achieved in Nepal. Some of them have been unprecedented in the world. Now the time has come to capitalize on this political achievement and focus on the overall nation-building process in unison. The fears would of course not necessarily be the derailment of the peace process because it is not a viable option for anyone, but the lack of foresight, wisdom and vision on the party of political leaders resulting in constant bickering and squabbling.

Human rights increasingly challenged in Cambodia

Friday, October 03, 2008
ABC Radio Australia

It has been a tempestuous week for Cambodian human rights activists. The United Nations Special Representative resigned a week ago citing a lack of support for his work in Cambodia, and a fresh mandate was drawn up for the UN's role in human rights work in the country. A human rights activist survived bullet fire on his way to work, and the rights agency Licadho released a report crticising the government's record. Now there are concerns the UN mission in the country may be losing its credibility.

Presenter: Sonia Randhawa
Speakers: Former UN Special Representative to Cambodia Professor Yash Ghai; Cambodian Human Rights and Development Association director Thun Saray

Click here to listen to the program

RANDHAWA: The United Nations has played a prominent role in Cambodia since the 1991 peace accord. But a quarter of a century after Cambodians officially ushered in a new democratic era, there are persistent concerns about human rights in the kingdom.

The new report from rights agency LICADHO looks at the threats faced by those defending human rights over 2007. It says that while some activists say they've received death threats for their work in Cambodia, there have been no arrests and no prosecutions as a result. The poor treatment identified by Licadho extends from local NGO workers to UN Special Representative Yash Ghai.

LICADHO: Throughout 2007, some of the government's strongest vitriol was reserved for UN Special Representative Yash Ghai. Ghai had already fallen foul of the government when he criticised the centralisation of power in Cambodia shortly after being appointed in 2006, and the Prime Minister responded by describing him as "rude" and a "long-term tourist" who "comes without knowing anything." ....As the year ended, the Prime Minister announced that he made a formal complaint to the UN Secretary-General about Ghai, saying that anyone who supported the Special Representative's latest human rights report was "the vilest person."

RANDHAWA: The report's publication comes as Cambodian NGOs have expressed growing scepticism over the role being played in the country by the UN. Professor Yash Ghai resigned his position last week, accusing the government of obstructing his work, but also criticising his UN employers for failing to provide him with enough support. Now, his role's been downgraded; the UN has replaced him with a Special Rapporteur. Thun Saray from the human rights association ADHOC.

SARAY: It is a problematic mandate also according to my opinion. It was new special reporter will be appointed and will work closely, collaboratively with the government. If the government have the political will to collaborate with them, I think it's good. It's a dream for us. But either he or she could not see any progress happen with the collaborative approach, our Cambodian Government could reject the mandate, the NGO, the special rapporteur would simply try again like Yash Ghai-style, the new Special Rapporteur will have the problem again with our Cambodian Government and our government they say that no, we don't need you any more and please stop the mandate.

RANDHAWA: I spoke to Professor Ghai, who gave more detail on his reasons for leaving Cambodia:

GHAI: I felt that I was not getting sufficient support from either the international community and more particularly the office of the High Commissioner for Human Rights and their lack of support made it very hard for me to mobilise opinion against the government for its oppression of rights and I felt that I was not really being terribly effective in the absence of their support.

RANDHAWA: In response, Radio Australia received the following prepared statement from Christophe Peschoux who - unlike Professor Ghai, who was directly employed by the UN Secretary-General, reports instead to the UN Office for the High Commissioner for Human Rights.

PESCHOUX: The resolution supported by the Cambodian Government was adopted Wednesday by the Council for Human Rights. It requests the council continue to monitor the human rights situation in Cambodia, via the appointment for one year of a Special Rapporteur tasked to assess progress, outline areas of priority, and foster dialogue and cooperation with the government, civil society and all actors involved in the reconstruction of the state of the rule of law in Cambodia.

We welcome very much this outcome and we look forward to continuing to work closely with the Special Rapporteur, the government and civil society in a spirit of partnership, mutual respect and effective cooperation.

RANDHAWA: But Professor Ghai says the Government of Cambodia lacks the political will to institute the necessary changes.

GHAI: My deep conviction is that the government has absolutely no interest in the promotion of human rights, the whole state exists on systematic violations of political, economic, social rights. Political processes highly looted by oppression or opponents, expression of independent media. And I really can't see that there is going to be any change of heart just because there is a new representative.

Radio Australia was unable to contact the Cambodian government for a response.

Cambodia wins support for oil, not rights

October 1, 2008
Op-Ed by A. Gaffar Peang-Meth
Pacific Daily News (Guam)

"Are China, the U.S. and other countries drawn to supporting the Hun Sen government, which controls Cambodia's potential oil fields in the Gulf of Thailand and onshore deposits of minerals? Will oil bring wealth for the poor people, 35 percent of whom live on less than 50 cents a day, or a curse, if the 2007 95-page "Global Witness Cambodia's Family Trees," the Transparency International survey on global corruption, among others, are guides?"

After Deputy Secretary of State John D. Negroponte's recent visit to Cambodia, he told the American Chamber of Commerce in Hong Kong: As Cambodia "works to strengthen democracy, improve public health, and increase respect for human rights, Cambodia can count on our support."

While in Cambodia, Negroponte announced the U.S. initial contribution of $1.8 million to fund the Khmer Rouge tribunal. He viewed the decline in violence in Cambodia's four national elections since 1993 as a "very positive development."

A day after his speech, the Voice of America reported State Department spokesman Sean McCormack' remarks: "We believe that the court (KR tribunal) is now capable of meeting international standards of justice, and ... the court has the capacity to respond effectively and appropriately" to allegations of corruption.

Two days before Negroponte's Hong Kong speech, the United Nations Human Rights Council, which held its 9th session in Geneva, reviewed on Sept. 15 the "Mandate of Special Representative of the (United Nations) Secretary-General on Human Rights Situation in Cambodia." Special Representative Yash Ghai wasn't present, but his written statement was read by Sima Samar, Special Rapporteur on the Situation of Human Rights in Sudan.

In my Sept. 17 column, "Human rights, development should be balanced," I wrote that U.N. Special Representative Ghai observed the "scant respect for the rule of law," shown by state authorities and those "well connected" with the regime, and that Cambodia's courts and the legal profession "have failed the people of Cambodia woefully." I noted Premier Sen's government wanted Ghai fired, and failing that, declined all cooperation with Ghai, and menaced to close down the human rights office in Cambodia.

In Ghai's statement, Ghai canceled his trip to Cambodia to review the human rights situation and to consult on the future of the mandate of the Special Representative in Cambodia.

The statement spoke of Ghai's warning in his last report, "there had been serious deficiencies in the general elections in July this year. Little progress had been made in other areas where human rights continued to be violated. Allegations of further irregularities in the management of the extraordinary chambers continued to undermine the good work of the prosecutors and judges."

Ghai's "reports, advice and recommendations over the past year" produced no "change for the better," and this "state of affairs might raise a question as to whether there was any point in the extension of the mandate" of the Special Representative.

Yet, Ghai urged the Council to extend the mandate, and "it would be very important" that his successor "should have the full support of the Council, the United Nations family and the international community," which in his statement Ghai said he could not claim to have received.

The Office of the High Commissioner for Human Rights had not come to Ghai's defense, the statement charged. Thus, as read by Samar, Ghai "had tendered his resignation from the position of Special Representative of the Secretary-General on the situation of human rights in Cambodia."

On the same day, Sept. 17, Amnesty International and Human Rights Watch, called on the Human Rights Council to extend the mandate, and observed, "The systematic lack of protection of human rights in Cambodia is a consequence of impunity, the absence of the rule of law and the seriously stunted legal and judicial reform. The government -- through inaction -- continues to demonstrate its unwillingness to seriously address human rights."

Amnesty and HRW remind it was the 1991 Paris Peace Accords signed by the U.N. and 19 member states that recommended the Special Representative to protect and promote human rights. They say, "While Cambodia has experienced significant economic growth during the past 15 years, the government has rejected a rights-based approach to development. As stipulated in the Paris Peace Accords, economic development must go hand in hand with respect for human rights."

On the same page?

Can it be that the Cambodia described by Negoponte and the Cambodia described by Ghai and rights groups, are the same country? Opposition leader Sam Rainsy sees Ghai's departure as a loss to victims of human rights violations. Khieu Kanharith, the Cambodian Minister of Information, charges, "The accusation made by Mr. Yash Ghai is only aimed at creating animosity ... and this shows his despicable attitude and manner are unfit for the high role given to him by the UN."

I lamented the disconnect between governments preaching human rights and freedom and their actual support for authoritarian rules that suppress them. On Sept. 17, the VOA broadcast that Sen said he was "satisfied" with Ghai's resignation: "I have no need to curse him anymore."

Perhaps, here's something to reflect on: Are China, the U.S. and other countries drawn to supporting the Hun Sen government, which controls Cambodia's potential oil fields in the Gulf of Thailand and onshore deposits of minerals? Will oil bring wealth for the poor people, 35 percent of whom live on less than 50 cents a day, or a curse, if the 2007 95-page "Global Witness Cambodia's Family Trees," the Transparency International survey on global corruption, among others, are guides?

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com.

Prof. Yash Ghai discusses Cambodian Access to Justice

Yash Ghai describes access to justice in Cambodia where, he says, "the legal system has been subverted by the government."

Posted by The World Justice Project (WJP) which is a multinational, multidisciplinary initiative to strengthen the rule of law worldwide. It is building a broad and diverse constituency that is advance the rule of law as a foundation for thriving communities.

Cambodia snipes at former UN human rights envoy [-Khieu Kanharith irritated by Prof Yash Ghai quoting his racist remarks]

Mon, 22 Sep 2008
DPA

Phnom Penh - Cambodia's government strongly criticized former UN human rights special envoy Yash Ghai Monday with a letter to the editor published in a leading national newspaper. Ghai resigned from the post a week ago. His relationship with the Cambodian government broke down amidst claims from Ghai that the government ignored him and from the government he was not neutral.

The national English-language Cambodia Daily newspaper published a letter Monday from Information Minister and government spokesman Khieu Kanharith rebutting quotes the paper ran Wednesday of Ghai's resignation speech, which was read to the UN by a proxy.

The letter was entitled "Ghai's quotes only prove his incompetence," and accused Ghai of lying to incite animosity.

On Wednesday, the paper also quoted Ghai as criticizing the UN and the international community, saying they failed to support him.

"(Prime Minister Hun Sen) called me 'deranged,' 'short-term tourist' and 'lazy,' while the government spokesman Khieu Kanharith called me uncivilized," the paper quoted Ghai, a Kenyan national, as saying. "Mr Kanharith said that Kenyans are rude and savage."

In a strong letter, Kanharith strongly denied the final point, saying he would never look down on an entire nation or people.

"The accusation made by Mr Yash Ghai is only aimed at creating animosity ... and this shows his despicable attitude and manner are unfit for the high role given to him by the UN," he wrote.

Cambodia has said it will welcome a new UN rights envoy but had refused to work further with Ghai, saying he was biased and favoured groups whom the government views as pro-opposition and claims sometimes misrepresent human rights issues for political gain.

Groups Say UN Rights Office, Envoy Must Stay

By Sok Khemara, VOA Khmer
Original report from Washington
17 March 2008

Leading local human rights groups said Friday they would appeal to the UN Human Rights Council to continue its rights programs in Cambodia, following escalating criticism from the Cambodian government of the UN's special human rights envoy.

Leaders of the rights groups Licadho and Adhoc are in Geneva for an annual meeting of the Rights Council, where envoy Yash Ghai is expected to deliver a report on the government's human rights record.

Ghai, the UN secretary-general's special human rights representative to Cambodia, has been highly critical of the government's rights record in the past.

Kek Galabru, founder of Licadho, said from Geneva local groups would "plea and plea" with members of the UN to keep its rights office in Phnom Penh and keep Ghai as an envoy.

Rights groups are concerned the UN will not renew its human rights mandate in the country, where it has monitored rights since the Paris Peace Accords in 1991.