Paris Peace Agreement

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Posted by: | Posted on: April 29, 2017

Prisoners of conscience of human rights defenders got human rights awards

Op-Ed: www.martinalennalsaward.org & www.freethe5khmer.net

BIOGRAPHY

Mr Ny Sokha, Mr Yi Soksan, Mr Nay Vanda, Ms Lim Mony and Mr Ny Chakrya – also known as the “Khmer 5” – are five Cambodian human rights defenders who have been arbitrarily detained since 28 April 2016 as a result of their legitimate human rights work. The five human rights defenders have all been working in the field of human rights their entire lives, and together they have a long history of assisting victims of rights violations. They have taken leading advocacy roles, calling for the promotion and protection of human rights in Cambodia, and worked to empower thousands of Cambodians to actively defend their rights.

FreeThe5KhNy Sokha, Yi Soksan, Vanda and Lim Mony are all senior staff members of the Cambodian Human Rights and Development Association (“ADHOC”), a Cambodian human rights NGO. Ny Chakrya is a former ADHOC staff member, and is now the Deputy Secretary-General of Cambodia’s National Election Committee (“NEC”). He is the only independent and non-partisan member of the body, responsible for election monitoring and internal audits into allegations of election fraud. ADHOC was founded by a group of former political prisoners in 1991 and is one of the leading civil society organisations protecting and promoting human rights, rule of law and democracy in Cambodia. It has played a vital role in protecting destitute victims of egregious human rights abuses, among others by providing them with advice, legal and material support.

  • Ny Chakrya, before becoming the Deputy Secretary-General of the NEC, was the Head of ADHOC’s Human Rights and Monitoring section, where he focused on helping victims of rights abuses.
  • Yi Soksan, a Senior Investigator is a specialist in investigating violations of land and natural resources rights, one of the most challenging and widespread human rights violations in Cambodia. He has devoted his life to promotion and protection of human rights for more than 20 years and started volunteering at ADHOC in 1991, the year it was founded.
  • Lim Mony has been working to protect women’s and children’s rights in Cambodia since she started working at ADHOC in 1994. Before her arbitrary detention, she was a Senior Investigator, assisting women and girls that fell victim to gender-based violence, in particular rape and domestic violence, or that became a victim of human trafficking. She was responsible for investigating violations of women’s and children’s rights throughout Cambodia.
  • Nay Vanda joined ADHOC in 2008 after leaving a career in politics to devote his life to civil society and protecting human rights in his home country. He maintained ADHOC’s local network with other civil society stakeholders, represented Cambodian civil society on a regional level and advocated for Cambodian human rights issues in ASEAN-related forums.
  • Ny Sokha has been with ADHOC since 1992. At the time of Cambodia’s first United Nations-backed democratic election in 1993 he worked with ADHOC in all parts of Cambodia, managed ADHOC’s alternative dispute resolution programme, and was the Head of the Human Rights Section before his detention. Their years of service demonstrate integrity and commitment in the defence of the human rights enshrined in international human rights law and Cambodia’s Constitution and are an impressive example of the valuable work of human rights defenders all over Cambodia.

The detention of the five human rights defenders comes in the context of an increasingly severe crackdown on civil society and the political opposition in Cambodia, with many individuals facing arrest and prosecution as a result of their work. The five had collectively worked on the case of Ms Khom Chandaraty, a woman alleged to have had an extra-marital relationship with Kem Sokha, then the acting leader of Cambodia’s largest opposition party. Since April 2016 Kem Sokha has been under investigation by Cambodia’s Anti-Corruption Unit (“ACU“) for involvement in prostitution, after leaked telephone conversations appeared to reveal a relationship with Khom Chandaraty. The ACU’s zealous pursuit of the case against Kem Sokha has met with significant criticism, including, for example, from four UN Special Rapporteurs, who noted that elements of the case “suggest that this entire episode is nothing more than a politically‐motivated persecution of civil society.“ In their roles at ADHOC, the five provided legitimate and routine legal and material assistance to Chandaraty, who had approached ADHOC for support upon being subject to investigation by the Antiterrorism Unit of the Ministry of Interior and later the Prosecutor of the Phnom Penh Municipal Court as a result of the alleged affair and the leaked audio recording on her Facebook profile page. After changing her narrative from denying the alleged affair to admitting she had indeed engaged in an extra-marital relationship with Kem Sokha, on 22 April 2016, Khom Chandaraty alleged in an open letter that the five had convinced her to lie in the course of investigations.

Read More …

Posted by: | Posted on: November 7, 2016

The CEROC commemorated 25 years of Paris Peace Agreement and appealed the rights to vote

Op-Ed: The CEROC

Political Paradigm of Pragmatism from the Khmer Youth part 83

២៥ ឆ្នាំកន្លងមកនេះដែលប្រជាពលរដ្ឋខ្មែរនៅក្រៅប្រទេសត្រូវបានគេដកហូតសិទ្ធិចូលរួមបោះឆ្នោតទាំងស្រុង។ អ៑ុនតាក់បានរៀបចំអោយពលរដ្ឋខ្មែរនៅក្រៅមានសិទ្ធិបោះឆ្នោត ប៉ុន្តែរាប់ចាប់តាំងពីឆ្នាំ១៩៩៨រៀងមក គជបដែលគេមើលឃើញថាមិនមានសមត្ថភាពនិងពោរពេញដោយភាពលំអៀង មិនសំរួលអោយខ្មែរនៅក្រៅប្រទេសបានបោះឆ្នោតទេ។ ក្នុងរដូវកាលនៃការចុះឈ្មោះបោះឆ្នោតសព្វថ្ងៃ ក៏មិនបានសំរួលអោយខ្មែរនៅក្រៅប្រទេសបានចូលរួមផងដែរ។

តើនេះជាការរំលោភសិទ្ធិពលរដ្ឋខ្មែរនៅក្រៅប្រទេសឬទេ? តើពលរដ្ឋខ្មែរដែលនៅក្រៅប្រទេសជាម្ចាស់ឆ្នោតនោះ គួរធ្វើយ៉ាងណា?

cropped-Janet-and-LP-1.jpg25 years has been passed that Cambodians overseas have been deprived full rights to vote in Cambodia elections. UNTAC allowed Cambodians overseas to vote, but after 1998, the new established NEC who were full of incompetency and bias didn’t allow Cambodians overseas to vote. During this season of voters registration, NEC has not facilitated for accessibility of Cambodians overseas to register vote-name.

Is this a grave violation over rights of Cambodians overseas? And Cambodians overseas who are the owner of this right should do what next?

Posted by: | Posted on: October 21, 2016

You are cordially invited to join the Paris Peace Agreement commemoration

This slide pictograph is clear enough for the failure to comply by as well as to implement the Paris Peace Agreement. Courtesy of Dr. Lao Mong Hay

This slide pictograph is clear enough for the failure to comply with as well as to implement the Paris Peace Agreement. Courtesy of Dr. Lao Mong Hay

PPAReading view of French Foreign Affairs Minister Jean-Marc Ayrault urged Cambodia to pursue governance that respects the rule of law, multiparty democracy and human rights as well as paper produced by Lok Sivhuoch and Joakim, and Phnom Penh Post, Paris Peace Agreement has been used to advance rule by law or rule by man, not rule of law, at all.

Through my personal observation, PPA has been impregnably manipulated by both UNTAC and Cambodia government.
  1. Government-led party CPP has not framed PPA as its core policy to produce great legacy for its effort in nation-state building at all. Sometime, the party valued it, but sometime not, and sometime take it half by leaving other half to limbo. Today, MOFAIC has taken great initiative to commemorate the day of this 25 years anniversary while the implementation especially from PM’s Cabinet is widely in contrast.
  2. Minister Prak Sokhon stressed that PPA has already been inscribed within the Constitution. With this argument, I believe, government is testing the ingenuity of the agreement rather than opening heart to expand the spirit of PPA. This matter, I am wondering why the party is regressing PPA?
  3. PPA’s goal is to bring about sustainable development, in which it is in contrast to PM’s view as well as view of head of government’s HRC, to maintain Cambodia in a pace of peace so that this country can build human rights. I think this argument is absolutely regressing PPA’s spirit and politicians are lying to themselves in front of well-informed citizens.
  4. Not to mention many loopholes to uphold PPA, the National Election Body which is a key factor to guarantee democracy and will of the people, the NEC that was created since 1998 and afterward, has been absolutely viewed as unprofessional, exclusive and controlled by the government-led party. Thus, I am concerned on CPP’s policy to exclude diaspora Cambodians by banning them from joining the elections. This effort is contradictory to the 1993 election monitored by UNTAC which allowed voters registration and voting participation of diasporic Cambodians.

This link is very extensive articulation on Paris Peace Agreement that readers should learn something new.

25-years-anniversary-of-ppa 25-th-1991-2016-ppa-sophoans-poster

Posted by: | Posted on: October 27, 2014

Extensive Paris Peace Agreement Analysis by CMN Radio

PPAWhat is the Paris Peace Agreement, its remarkable history, and where is it about?

Mrs. Moeung Tum of CMN Radio discussed in details with the analysis by Sophoan Seng, Dr. Duch Rasy, Dr. Dy Kareth, and Dr. Kuch Chanly. The live broadcasting is from part 1 to part 5 broadcasted on 23-24-25-26-27 October, 2014.

Beside of the 18 signatory countries who were party of the Accord, the present Cambodian government, Republic of Vietnam and Kingdom of Thailand who were party of this agreement have continued to violate this agreement, how are full meaning and stipulations of the Paris Peace Agreement mandated?

Although Paris Peace Agreement is the modern hope for Cambodian people, but the government has not complied by this agreement. Is PPA still valid or invalid? What are gross violations on the Paris Peace Agreement?

These 23 years of the Paris Peace Agreement has remained important for Cambodia at the present and the future especially in term of democratization, sustainable development, rule of laws and sovereignty independence etc.


Last chapter details on what Cambodia can move on, on what principles?

Posted by: | Posted on: October 23, 2014

Paris Peace Agreement: The Peace and Freedom in Context (Part V – end)

សាមគ្គី សាមគ្គានំ តបោ សុខោ – ការសាមគ្គីបង្រួបបង្រួមគ្នានឹងនាំសេចក្តីសុខមកអោយ – ព្រះពុទ្ធអង្គ

Samakii Samakea Nam Tapo Sokho – Unity brings us happiness – Buddha

This above Khmer popular saying is suite well with the context and functionality of the Paris Peace Agreement. During the negotiation processes, within the successful written agreement, and post-Paris Peace Agreement implementation, we are stunned by the terms “national reconciliation”, “unity”, “solidarity”, “conflict resolution”, “comprehensive peace settlement”, and “dialogue or negotiation” etc.

Now, it is time for Cambodia politics to update itself to compete with the global change. Confrontational strategy has been changed to diplomatic policy and negotiation. The new paradigm shift has transformed itself more complex and intricate – human subconsciousness to free themselves from all sufferings.

The Paris Peace Agreement is the blueprint for Cambodian politicians to put aside egoistic behavior by embracing principles and democratic value. Each party must be able to simply distinguish between the self and the nation clearly. Under this spirit, the PPA urges every politician especially the law-maker must stop lie their own constituents.

Courtesy: Facebook

Courtesy: Facebook

I have a dream to see Khmer leaders can work together, can speak the language of nation building together with honest sub-conscience. When I was young, I cried because of hurting; but when I am grown up, I cried because I was overwhelmingly affected by bliss and joy. I remember the cry I made when watching the yellow robe army of Dhamma Yietra led Maha Ghosananda walked through the National Road No. 6. There were Japanese Mahayana monks preceded in the front with drums, gongs and strange chanting unusual to my ears. Parading after were hundred thousands of Cambodian Buddhist monks, with following white clothing nuns and laymen/laywomen. I was called to bring a bucket of water for water sprinkling on the edge of the road by the monks. Many drops of water fell unto my head with the word Peace and National Reconciliation deeply penetrated into my brain.

That memorable moment has never been disappeared from my head.

This year marks 23 years anniversary of the Paris Peace Agreement, I see more commemorative organizings by the Cambodian political parties, NGOs, activists and general citizens in both inside and outside country more than any years I have been witnessing. Thousands of youths, land activists and Buddhist monks are parading around the Phnom Penh city with petitions handed over to Co-Chairmen of the PPA: Indonesia and France.

The most significant sign is the evolving of Cambodia politics into two party system: CNRP & CPP; which is a good component for the concept of Mutual Understanding, National Reconciliation, and Comprehensive National Building Endeavor. Hence, those terms and efforts should not be the propaganda. Mutual understanding and national reconciliation shall happen only through the Rule of Law and Professionalism.

For the Sake of the Nation, These Two Parties must be able to Take Turn in Serving the Nation, like many civilized countries around the World have been Experiencing.

I would like to END my writing on PPA as of today. Below is the Movie Clips of “One Evening after the War” filmed by Social Engineering Rithy Panh.

“Peouv is recalling about the her story and the Three Unfortunate Disarming Soldier.”


“Srey Poeu is saddening about the social gap and injustice in Cambodian society, and her true love with Sovanna.”

“Srey Peouv is entrapped as Sex Worker or Srey Bar in Phnom Penh after she was sold to the brothel for $1400 dollars. She cannot make a family life with Sovanna with this dept.”

At the end, Sovanna was shot by Maly, his friend, left Srey Peouv with Bophana, their daughter. Srey Peou is still a Sex Worker in Phnom Penh.”

Posted by: | Posted on: October 21, 2014

Paris Peace Agreement: The Peace and Freedom in Context (Part IV)

As three parts were sent out, I was called in for interview by CMN radio and an honorable invitation to participate with Paris Peace Agreement Commemoration organized by CICP in Phnom Penh.

Regarding the interview that shall be broadcasted tomorrow or after tomorrow,  I was asked to elaborate on the history of the Agreement, the validation and invalidity of the Agreement, mechanism to enforce parties to respect the Agreement in case of having violation, and the CNRP who joined the Assembly at the present.


The clip conversation between Sovanna and Phal allows us to figure out: the failed disarming policy, the bad effect of free market, and the pains that all Cambodian people can forgive but they cannot forget. This daily life politics illustration is invaluable!

Brief History

Brief History of Paris Peace Agreement. Slide courtesy of Dr. Lao Mong hay

Brief History of Paris Peace Agreement. Slide Courtesy of Dr. Lao Mong Hay

Briefing to what said during the interview, the Paris Peace Agreement was crafted by two factors: four fighting fractions of Cambodia were exhausted in killing each other, and powerful countries pressured on all parties including Asean and Vietnam to sign the Agreement. Indonesia and France were co-chair of the Agreement.

 

Agreement Analysis

The original agreement are filed in both Indonesia and France. There are 32 articles divided by 9 distinctive parts. Many pro-Government commentators said that the Agreement is invalid since the creation of a legal government after the election with the complete amendment of the Cambodia constitution. Of course, their claim is right referring to the Part 1, Article 1 which say:

For the purposes of this Agreement, the transitional
period shall commence with the entry into force of this
Agreement and terminate when the constituent assembly elected
through free and fair elections, organized and certified by the
United Nations, has approved the constitution and transformed
itself into a legislative assembly, and thereafter a new
government has been created.

 

Hence, the commentators might be missing to comprehend the term “Transitional Period” in which 5 measures were taken into action: 1. This transitional period, 2. United Nations Transitional Authority of Cambodia (UNTAC), 3. Supreme National Council (SNC), 4. Withdrawal of foreign military from Cambodia, and 5. Complete ceasefire.

In reality, the Agreement is still valid and it shall have no deadline to be implemented by the signatory parties as stated clearly in Article 18 on the “International Guarantee”.

Cambodia undertakes to maintain, preserve and defend,
and the other Signatories undertake to recognize and respect,
the sovereignty, independence, territorial integrity and
inviolability, neutrality and national unity of Cambodia, as
set forth in a separate Agreement.

A separate Agreement has 8 articles and the most important statement in Article 5 that I mentioned within previous articles.

Beside this valid continuity, the Part III on “Human Rights” has maintained the continuing task by sending Special Rapporteur to Cambodia by the United Nations to report on progressive commitment of the Government on respecting Human Rights of their own citizens. Latest UNs Special Human Rights Rapporteur for Cambodia is Prof. Dr. Surya Subedi, and this Rapporteur has no mandate until the Human Rights situation in Cambodia is being well off.

In Part VIII, Article 24, is ongoing to the fact that the foreign aids are still flowing into Cambodia including many other development programs aided in according to the Agreement as stated:

The Signatories urge the international community to
provide economic and financial support for the rehabilitation
and reconstruction of Cambodia, as provided in a separate
declaration.

Impregnable Violations

During these 23 years, Vietnam violated the Agreement through their retaining power to force their former installed government led by Prime Minister Hun Sen to sign the Supplemental Border Treaty (SBT) ratified by the King of Cambodia on 30 November 2005. The SBT was in reverse to the Agreement to discarding all past illegal treaties during the Vietnamese occupation over Cambodia. The forced treaty was not only be able to grab the remaining land border, Vietnam can establish more enmity environment among Khmer political parties, activists and general citizens. Thailand also claimed the ownership over Preah Vihear Temple in 2008 in revenge to oppose Cambodia government to successfully listing it with the Unesco. Cambodia government used the legal provision of the Paris Peace Agreement through its instrumental organ of the ICJ to claim back from Thailand.

For Cambodia government let by Prime Minister Hun Sen, who were also party of the Agreement, at least, four violations are counted: The grenade attack on peaceful demonstrators in 1997 led by Sam Rainsy, the bloody coup in 2007 to monopolize power from Funcipec, the acceptance of bilateral supplemental border treaty with Vietnam is in gross violation to the Paris Peace Agreement that is a multilateral instrument, and continual human rights violations such as: emotion violence (impunity, extra judiciary killing, and biased court system), financial violence (corruption and forced eviction), physical violence (shooting to dead, battering and jailing), and sexual violence (allowing the existence of sex workers and brothels, and neglecting to punish those sex buyers as well as polygamy men).

CNRP

CPP has been so nervous about accepting and recognizing Paris Peace Agreement once they were the party of it.  Their uncertainty and naive perspective towards Paris Peace Agreement is a setback to claim their past communist regime rather than to move forward for in-dept reform. Hence, CNRP has been vital to accept and recognize this day, and they have celebrated it annually.  The entering into the Assembly of those 55 law-makers of the CNRP is a good sign to experiment their professionalism, the work ethics, and democratic commitment. CNRP has laid down the policy of nonviolence, cooperation, dialogue, and active leadership. The partnership and engagement within the Assembly shall help Prime Minister Hun Sen to speed up his in-dept reform in all fields he has frequently promised with the Cambodian people. Although with the aids of CNRP to push for reform is not successful, or Hun Sen administration is preparing to backfire their promise, the Cambodian people will judge them in the next 2018 nationwide election.