Statement On the Situation of Political Rights and Recommendations for Improvement

Phnom Penh, December 10, 2022, We, the Association, Trade Unions and NGOs, are concerned about the deteriorating environment of the democratic process and the continuing restriction of human rights, especially, the political and fundamental rights in Cambodia. Article 35 of the Cambodian Constitution states that “Khmer citizens of both sexes have the right to participate actively in the political, economic, social and cultural life of the nation. “Citizens’ suggestions have been thoroughly examined and addressed by the state organization.” However, the current political environment does not encourage citizen to participate in the political, economic, social and cultural life without fear for several of important reasons:

1. The will of the electorate given to the representatives and elected by the electorate has yet to be fully guaranteed. These representatives are incapable of exercising their powers following the Constitution and other applicable laws and don’t have legality through elections to exercise their constitutional powers.
2. The rights of citizens who have migrated abroad are not yet enabled to register to vote and vote abroad.
3. The Armed Forces and judicial officers are appointed as officials of political parties, including appointments to positions or authority over all political party structures. They carried out activities that supported or opposed other political parties before, during and after the election.

Such practice violates the Law on the Common Statute of Civil Servants of Cambodia, Article 37, which states that “Civil servants must be neutral in their work activities and strictly prohibit the use of their functions and state materials to serve the following political activities: 1) Work for the benefit of a political candidate or against any political candidate. 2) Work for the benefit of a political party or against any political party.

• In court, we observe that in almost all cases, political defendants are subject to more restrictions than regular defendants and are sometimes sent to prisons far from their homes and relatives.
• Fundamental freedoms were also affected. Accusations of crime, incitement and public defamation cause people to be afraid to speak out, which in turn deprives them of their political, economic, social and cultural activities. Regarding the shootings and mob attacks on human rights activists and political activists, we observe that the authorities have never identified the perpetrators to bring them to justice and punish them according to the law and provide justice to the victims and their relatives that tragedy that led to impunity continues.

To improve the current political environment and situation, on the occasion of the 74th anniversary of International Human Rights Day (1948-2022), we, the Association, Non-Governmental Organizations and Unions and Community, propose the following reforms and improvements:

1. The National Assembly reviews the Law on Political Parties by protecting the seats of innocent members of parliament by keeping them in office. If a member of parliament loses his membership in the old party or because his party is dissolved, he will retain his position and leave within one month to find a new party to replace by his/her will to continue his/her representation. In order to fulfill this point, the National Assembly has to review and amend the relevant articles of the Law on Political Parties, the Law on Election, which was amended after the 2017 election following the principles of international human rights and free and fair elections. Doing so will protect the political rights and will of the electorate given to the elected representatives so that they can exercise their power in accordance with the Constitution and the law.
2. Request all political parties to consider changing the ballot calculation formula for the remaining seats in use at the present, replacing the residual seat calculation formula as in the 1993 election organized by UNTAC.
3. The NEC should continue to talk with lawmakers or the National Assembly, or the government to amend the law to pave the way for obstruction of the overseas voter registration process and to guarantee their rights stated in the Constitution and strengthen the capacity in registering the citizens for votes. At the same time, facilitate the necessary mechanisms, including the provision of financial and technological support to ensure the voting rights of migrant workers from the distance.
4. Request the relevant institutions to strengthen the implementation of the Law on Political Parties, the Law on the Common Statute of Civil Servants of Cambodia, the Law on General Statute for the Military Personnel of the Royal Cambodian Armed Forces and the Election Law to ensure that civil servants, the military, the police and the judiciary are neutral and not biased. Members of the military, police, and judiciary shall not be appointed as officials of any political party, including appointments in positions of authority or authority over any structure of any political party.

They must not carry out activities that support one political party or against another.

• Propose to amend the composition of the National Election Committee to increase independence and credibility. We believe that future NEC members should be selected from independent individuals or non-members of any political party. If they leave the political party, at least those individuals have been out of it for at least three years.
• Request the prison officials to increase the care and consideration of the welfare of all individuals in the education center (prison).
• Request the National Assembly to review the definition of incitement and determine the maximum amount of compensation for defamation offenses of only Riel 100 (one hundred Riels), similar to the implementation of the law in countries with liberal, multi-party democratic political regimes. In France, for example, the compensation for defamation is only Euro 1.
• Request legislation and government to open up freedom of expression, freedom of the press and access to information. To achieve this, the relevant institutions review the definition of incitement, review the Law on the Press, and promote the passage of the Law on the Right of Access to Information as soon as possible, open to public comments, without hindrance, and protected by law.
• Regarding the fundamental rights and freedoms, in order to promote the right to freedom of association in accordance with the international law that Cambodia has ratified, we propose to expedite the amend the Law on Associations and Non-Governmental Organizations, which has been already requested by the civil society organizations and the Law on Trade Unions no later than the end of June 2023 so that these institutions can carry out legal activities in accordance with the Constitution of the Kingdom of Cambodia and promote democratic foundations in Cambodia in line with the principles of universal democracy.

This statement is endorsed by:

1. Cambodian Human Rights Coalition (CHRAC)
2. Cambodian Labour Confederation (CLC: FAPD/BWTUC/ CAWF/ CIWA/CIWF/CTSWF/CTWF)
3. Cambodian Human Rights and Development Association (ADHOC)
4. Center for Alliance of Labor and Human Rights (CENTRAL)
5. Independent Democracy of Informal Economy Association (IDEA)
6. Committee for Free and Fair Elections (COMFREL)
7. Khmer Student Intelligent League Association (KSILA)
8. Silaka (SILAKA)
9. Cambodian Center for Independent Media (CCIM)
10. People Center for Development and Peace (PDP-CENTER)
11. Transparency International – Cambodia (TI-Cambodia)
12. Community Legal Education Center (CLEC)
13. Cambodian Youth Network Association (CYN)
14. Gender and Development Network for Cambodia (GADNet)
15. Labour Rights Supported Union Khmer Employees of Naga (L.R.S.U)
16. Sahmakum Teang Tnaut (STT)
17. Youth Resource Development Program (YRDP)
18. Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC)
19. Peace Bridge (PBO)
20. Our Citizen Organization (OCO)
21. Cambodian Food and Service Workers Federation (CFSWF)
22. Cambodian Tourism Workers Union Federation (CTWUF)
23. Action Aid Cambodia (AAC)
24. Gender and Development for Cambodia (GADC)
25. Coalition of Cambodian Farmer Community (CCFC)
26. Coalition for Partnership in Democratic Development (CPDD)
27. Khmer Kampuchea Krom for Human Rights and Development Association (KKKHRDA)
28. CamASEAN Youth’s Future (CamASEAN) 
29. Actions for Paris Peace Agreements (APPA)
30. Federation of Intellectuals and Students (FEDCIS)
31. Cambodian Institute for Democracy (CID)
32. Cambodian Center for Human Rights (CCHR)
33. Independent Trade Union Federation (INTUFE)