December, 2017
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Present Cambodia’s Conundrum and Its Foreseeable Future
Preamble:
This upcoming election of Senate in February 25, 2018 and national election in July 29, 2018 are very questionable on its legitimacy as the key voters of largest opposition party CNRP (tantalizing of 5007 councillors) have been redistributed to other parties especially to the government-led party CPP and the dissolution as well as the banning of 118 core members of the CNRP. The excuse of law ratifying to redistributing seats (both law-makers in the parliament and the lower governance apparatus commune-Sangkat councillors) has been outraged by both the providence of such law amending and nationwide errs. More than that, the international community has ever come to shoulder to respond to this systemic crackdown on the state of democracy and human rights brokering since the first election in 1993 sponsored by the UNTAC.
The strength on his political manoeuvring of Prime Minister Hun Sen through the backing of China and the resistance to reinstating back to the original course from both Cambodian nationals and international community are likely not in equilibrium. Thus, pragmatists see that this imbalance will lead to an uncontested solution.
The Hun Sen’s Strength:
Prime Minister Hun Sen has been known for his relentless and successful manoeuvring the tactic of “divide and conquer” on his several political contenders. With the increasing of votes towards the opposition CNRP in both national election 2013 and commune-Sangkat election in 2017, the preparedness and implementation on the dissolution of this largest opposition party has been undertaken. There were no doubts on the amendments by single party (CPP) on several laws such as NGOs laws (LANGO), law of labours unions, law of the press and media (sic), and three times adjustment of the law on political party etc. Mixing his repeated warnings on war if he lost the election to these efforts on law amendments to sideline his opponent is a concerted effort to substantiate the facade of democracy in Cambodia.
With current state of international competitiveness, China publicly announced its support of the dissolution of the CNRP as well as other jailing and threats on the opposition members. The narrative of colour revolution has been made and publicized at large to apply the course of jailing Kem Sokha, president of the CNRP, and the judgement of the Supreme Court to dissolve the CNRP with the conviction of colour revolution to topple a legitimate government.
In hand, Hun Sen has comforted his zone through high ranking positioning of arm-force from his children, to relatives, and to closest loyalists, on key responsibility such as the bodyguard units, the intelligent police, the national police, the military police, and the army. The coffer’s pockets are full of loyal Oknha (entitlement of Lord to cementing patronage beaurocrats of oligarchy) and the key position of treasurers (money’s controllers) of his trust. The governance system of spreading his loyalists to key positions such as the Royal Palace, the Assembly, the Senate, and the Judiciary, the state’s human rights body, the state’s anti-corruption unit, etc., is tangible.
The Convincible Strength:
The dissolution of the CNRP and the redistributing all those seats is comfortably with no distress of reprisal is known as the physical “winning” of the battle while the destruction and violation on the rule of law as well as the disrespectful to the half-nationwide-population voice of the Cambodian people is the moral “defeating” of the war. The domestic outcry of the people levelling at the state of silence is one of the testimonies of their political maturity. They are silently ready to exercise their voice through secrete ballots. The international community representing over 70% of the earth surface has come out with concrete actions and action-plans to respond to Hun Sen’s manoeuvring.
Led by the US and EU, the sanction on individuals of the powerful elites of Hun Sen’s administration is not sufficient. The effort to call for the reconvening of the signatory countries of the Paris Peace Agreements is on pending. It is no doubt that H.E. Pan Sosak, Minister of Commerce, wrote a letter to Prime Minister Hun Sen to tell him the truth on the impact of trade loss sanctioned by the US and EU. It is no doubt that H.E. Tuy Ry, Cambodian commissioner to the United Nations, wrote letter to the Minister of Foreign Affairs on an invitation to join the discussion among permanent member states led by the US and EU at the United Nations this December 19, 2017. It is no doubt that Prime Minister Hun Sen has come out with different scenarios for the reviving of the opposition party by suggesting them to create a new party.
For trade alone, Cambodia can face trade loss up to 75% for its national revenue earned from trade. This huge wealth of exporting major garment and agriculture products to the market in the US and EU have fed the government, the mouth of Oknhas, as well as the hundred thousands garment workers. There are some explanations to seek substitutes to these losses, but in fact, the pain of individual’s visa ban and asset freezing widening to this trade sanctioning etc., is not yet substantial to the loss of political recognition and legitimacy at the present as well as the future.
At least, one year length that UNs postponed the seat of Cambodia during the coupe detat in 1997. When the political normality was turned to its course, the seat was returned. This time, the crackdown on democracy is tantamount that no one can underestimate the severe reprisal if political normality is not turned to its level.
Domestically, Cambodian population at large has emerged the youngest bulk representing 65% with under 35 years of age. This generation is self-determination seekers, rebellious to entrenching injustice, and championing of the political maturity. Nevertheless, Cambodians overseas who have been known for their advocacy and campaign for the Paris Peace Accords in 1991, have ever come together in the largest force to pushing for democracy improvement in Cambodia. On the International Human Rights Day 10 December 2017, they have travelled from different corners of North America in unison to the White House in Washington DC. to voice their concerns. Thousands of signing of Cambodian people signed www.change.org for the reviving of the Paris Peace Agreements. Legally, political, and economical, Cambodia government is an entity of binding with international community standard, this entity is not solely under Cambodia constitution, but no one can manipulate it for the sake of personal wealth and power at all.
ដំណោះស្រាយ១៣ចំណុច ដែលសភាអ៊ឺរ៉ុបអនុម័តដាក់ប្រឆាំងរដ្ឋាភិបាល ហ៊ុន សែន
សេចក្ដីស្នើដំណោះស្រាយ ទាំង១៣ចំណុច លេខ«RC-B8-0686/2017» ត្រូវបានសមាជិកសភាអ៊ឺរ៉ុបជាច្រើ
ផ្ទុយពីការលើកឡើង របស់ប្រព័ន្ធផ្សព្វផ្សាយក្នុងប្
មុននឹងឈានដល់ដំណោះស្រាយ ទាំង១៣ចំណុច អត្ថបទសេចក្ដីសម្រេច បានសរសេរយោង និងបានឃើញ ពីសន្ធិសញ្ញា កិច្ចព្រមព្រៀង សេចក្ដីប្រកាសរួម ជាលក្ខណៈអន្តរជាតិជាច្រើន ដែលកម្ពុជាបានផ្ដល់សច្ចាប័ន (មានទាំងកិច្ចព្រមព្រៀងសន្តិភា
ពីរដ្ឋធានីប៉ារីស ប្រទេសបារាំង ទស្សនាវដ្ដីមនោរម្យ.អាំងហ្វូ សូមបកប្រែក្រៅផ្លូវការ នូវដំណោះស្រាយទាំង១៣ចំណុចនេះ ជូនប្រិយមិត្តអ្នកអាន ដូចខាងក្រោម៖
សភាអ៊ឺរ៉ុប៖
១) សំដែងនូវការព្រួយបារម្ភ ដ៏ជ្រាលជ្រៅ បន្ទាប់ពីការរំលាយគណបក្សសង្គ្រោះ
២) បញ្ជាក់ជាថ្មីទៀត ពីការខ្វល់ខ្វាយដ៏ខ្លាំងក្លា ដូចដែលសភាអ៊ឺរ៉ុបធ្លាប់បានលើកឡើ
៣) គាំទ្រទាំងស្រុងនូវប្រសាសន៍របស់
៤) យល់ឃើញថា តុលាការកំពូលកម្ពុជា បានជ្រៀតជ្រែកដែលមិនអាចទទួលយកបា
៥) ស្នើទៅរដ្ឋាភិបាលកម្ពុជា ឲ្យលុបចោលទាំងអស់ នូវរាល់ច្បាប់ធ្វើវិសោធនកម្មទាំ
៦) ថ្កោលទោសយ៉ាងក្លៀវក្លា ការឃាត់ខ្លួនលោក កឹម សុខា និងសកម្មជននយោបាយដទៃទៀត – ទាមទារទៅរដ្ឋាភិបាល ឲ្យលើកចេញជាបន្ទាន់ នូវដីការចាប់ខ្លួន ប្រឆាំងមេដឹកនាំប្រឆាំង លោក សម រង្ស៊ី ក៏ដូចជាការចោទប្រកាន់ទាំងឡាយ ដែលធ្វើឡើងប្រឆាំងរូបលោក, ឲ្យដោះលែងដោយមិនបង្អង់ និងដោយគ្មានលក្ខខណ្ឌ លោក កឹម សុខា និងអ្នកតំណាងរាស្ត្រប្រឆាំងផ្សេ
៧) បង្ហាញពីមន្ទិលយ៉ាងធ្ងន់ធ្ងរ ចំពោះភាពទទួលយកបាន និងតម្លាភាព នៃការបោះឆ្នោតជាតិ ឆ្នាំ២០១៨ បន្ទាប់ពីសាលក្រមរបស់តុលាការកំ
៨) ស្វាគមន៍ចំពោះសេចក្តីសម្រេ
៩) អំពាវនាវដល់អនុប្រធានគណៈកម្
១០) រំលឹករដ្ឋាភិបាលកម្ពុជា ថាខ្លួនត្រូវតែបំពេញកាតព្វកិច្ច និងការសន្យារបស់ខ្លួន ទាក់ទងនឹងគោលការណ៍លទ្ធិប្រជាធិ
១១) គូសបញ្ជាក់ឲ្យច្បាស់ថា ការគោរពសិទ្ធិមនុស្សជាមូលដ្ឋាន ជាលក្ខខណ្ឌដ៏ចាំបាច់ ដើម្បីឲ្យប្រទេសកម្ពុជាបន្តទទួ
១២) អញ្ជើញ«ការិយាល័យអ៊ឹរ៉ុប ដើម្បីកិច្ចការខាងក្រៅ (The European External Action Service ហៅកាត់ EEAS – ហៅកាត់ជាភាសាបារាំង SEAE)» និងគណៈកម្មការអ៊ឺរ៉ុប ឲ្យរៀបចំបញ្ជីឈ្មោះ នៃមន្ត្រីកម្ពុជាទាំងឡាយណា ដែលទទួលខុសត្រូវ ចំពោះការរំលាយគណបក្សប្រឆាំង និងការរំលោភបំពានសិទ្ធិមនុស្សធ្
១៣) ចាត់ឲ្យប្រធានសភាអ៊ឺរ៉ុប ត្រូវបញ្ជូនច្បាប់នេះ ទៅកាន់ក្រុមប្រឹក្សាអ៊ឺរ៉ុប, ទៅកាន់គណៈកម្មការអ៊ឺរ៉ុប និងអនុប្រធានគណៈកម្មការ / តំណាងជាន់ខ្ពស់ នៃសហភាពអ៊ឺរ៉ុប សម្រាប់កិច្ចការបរទេស និងនយោបាយសន្តិសុខ, ទៅកាន់ការិយាល័យសកម្មភាពខាងក្រៅ របស់សហភាពអឺរ៉ុប, ទៅកាន់អគ្គលេខាធិការ នៃសមាគមប្រជាជាតិអាស៊ីអាគ្នេយ៍ (ASEAN), ទៅកាន់រដ្ឋាភិបាល នៃប្រទេសជាសមាជិក និងទៅកាន់សភា នៃប្រទេសជាសមាជិក របស់សហភាពអ៊ឺរ៉ុប, និងជាចុងក្រោយ ត្រូវបញ្ជូនសេចក្ដីសម្រចដំណោះ
Op-Ed: monoroom.info
European Parliament resolution on Cambodia 14th Dec 2017
European Parliament Resolution on Cambodia NGO & Trade Union Law_P8_TA(2015)_0277
European Parliament Resolution on Cambodia Political Situation_P8_TA(2015)0413
European Parliament Resolution on Cambodia_CaseofKemSokha_P8_TA-PROV(2017)0348
European Parliament Resolution on Cambodia_LANGO&Union&AssociationLaw_P8_TA(2016)0274
Letter from Members of Parliament around the world to Prime Minister Hun Sen to reverse his dictatorship machine
His Excellency Samdech Techo Hun Sen
Prime Minister Kingdom of Cambodia
4 December 2017
Dear Prime Minister Hun Sen,
We, the undersigned parliamentarians from around the globe, write to express our deep concern over the arrest and detention of H.E. Mr. Kem Sokha, leader of the opposition Cambodia National Rescue Party (CNRP) and a longtime human rights defender and advocate for democracy, three months ago.
Having reviewed the information available regarding his case, and taking note of the evidence submitted thus far by the government regarding his alleged guilt, we have serious concerns regarding the validity of the charges against him. We are also extremely concerned by reports that his arrest and detention were undertaken in violation of his parliamentary immunity and have failed to uphold basic principles of fair trial and the rule of law. These procedural concerns, in addition to the lack of evidence to substantiate charges of treason and the wider climate of repression of the opposition, lead us to believe that his arrest is likely politically motivated.
We are aware that national elections are scheduled for July 2018, and hope to ensure that they are genuine, participatory, and inclusive. But we strongly believe that this cannot happen if there is no legitimate opposition that is able to campaign for election. We are therefore alarmed by the decision of the Supreme Court to dissolve the CNRP, following a motion by your government, in addition to the amendment of electoral laws redistributing the CNRP’s parliamentary seats and local offices to other political parties including the ruling Cambodian People’s Party (CPP). We strongly believe that the dissolution of the CNRP, in addition to the continued detention of Mr. Kem Sokha, makes it impossible for next year’s elections to be considered free and fair.
Twenty-six years ago, the international community came together for the Paris Peace Conference and pledged to support Cambodia’s goal of building a genuine, multi-party democracy in the aftermath of years of war and turmoil. We – and the people we represent – are committed to helping your country achieve these aims. But this can only happen if basic democratic norms and principles are restored.
In line with these concerns, we the undersigned parliamentarians respectfully request that the Cambodian government undertake the following measures with the utmost urgency:
- Immediately and unconditionally release Kem Sokha from prison and drop all charges against him, as well as those against other opposition parliamentarians;
- Immediately reverse the decision to dissolve the CNRP and reinstate all CNRP elected leaders to their positions in Parliament and at the local level;
- Repeal all recent amendments to the Law on Political Parties and to electoral laws; and
- Recommit to working with the international community to ensure that next year’s national elections are genuine, participatory, and inclusive.
Yours sincerely,
Abdullah Sani Abdul Hamid, Member of Parliament, Malaysia
Ahmed Munzoor Shaik Emam, Member of Parliament, South Africa
Alan Lowenthal, Member of the House of Representatives, United States of America
Alessia Mosca, Member of the European Parliament, Italy
Alice Lau Kiong Yieng, Member of Parliament, Malaysia
Ana Gomes, Member of the European Parliament, Portugal
André Gattolin, Senator, France