P6_TA(2007)0085

Cambodia

European Parliament resolution of 15 March 2007 on Cambodia

The European Parliament,

- having regard to its resolutions of 13 January 2005 [1], 10 March 2005 [2] and 19 January 2006 [3] on Cambodia and its resolution of 1 December 2005 on the human rights situation in Cambodia, Laos and Vietnam [4],

- having regard to the Cooperation Agreement between the European Community and the Kingdom of Cambodia [5], approved on 4 October 1999,

- having regard to the United Nations Declaration on Human Rights Defenders, adopted on 9 December 1998,

- having regard to the European Union Guidelines on Human Rights Defenders adopted by the Council on 14 June 2004,

- having regard to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, both adopted on 16 December 1966, to which Cambodia is a party,

- having regard to the Agreement between the United Nations and the Royal Government of Cambodia concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea of 6 June 2003,

- having regard to Rule 115(5) of its Rules of Procedure,

A. whereas on 24 February 2007 Hy Vuthy, President of the Free Trade Union of Workers in the Kingdom of Cambodia (FTUWKC) at the Suntex garment factory, was shot dead after finishing his night shift at the Suntex factory in Phnom Penh's Dangkao district,

B. whereas Chea Vichea, the FTUWKC President, was shot dead on 22 January 2004 and Ros Sovannarith, the FTUWKC President at the Trinunggal Komara factory, was murdered on 7 May 2004, while other trade unionists in Cambodia have been victims of serious harassment, intimidation and physical attacks in the past year,

C. whereas the murder of Chea Vichea has still not been solved; whereas on 28 January 2004 Born Sammang and Sok Sam Oeun were arrested for the alleged murder of Chea Vichea and later convicted and sentenced to 20 years' imprisonment despite the lack of any credible evidence against them,

D. whereas Cambodia is a party to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, which provide for the right of everyone to form trade unions and join the trade union of his or her choice as well as the right of trade unions to operate freely,

E. whereas the UN Declaration on Human Rights Defenders also enshrines "the right, individually and in association with others, to promote and to strive for the protection and realization of human rights" (Article 1),

F. whereas it is seriously concerned that the abovementioned cases demonstrate that there is still no guarantee of the independence and impartiality of the judiciary or of its ability to conduct the trials of the Khmer Rouge leaders in the specially created court without political interference,

G. whereas the proceedings before the extraordinary chambers in the courts of Cambodia (ECCC) have not started, because of various disagreements between the Cambodian and the international judicial officers concerning the draft internal rules for the ECCC,

H. alarmed by the uncertain legal status in Cambodia of Montagnard refugees from Vietnam,

1. Condemns the killing of Hy Vuthy and all other acts of violence against trade unionists; urges the Cambodian authorities to launch an urgent, impartial and effective investigation into the murders of Hy Vuthy, Chea Vichea, Ros Sovannarith and Yim Ry, to make the findings public and to bring the persons responsible to justice; calls on the authorities to give Born Sammang and Sok Sam Oeum a prompt retrial which complies with international standards;

2. Insists that the Cambodian Government must put an end to the prevailing climate of impunity and effectively apply the law to violators of human rights and civil liberties;

3. Reminds the Cambodian Government that it must meet its obligations and commitments with regard to the democratic principles and fundamental human rights which are an essential element of the Cooperation Agreement with the European Community, as defined in Article 1 of that agreement;

4. Calls on the Cambodian authorities to engage in political and institutional reforms with a view to building a democratic State governed by the rule of law and founded on respect for fundamental freedoms and to ensure in all circumstances respect for human rights and fundamental freedoms, in accordance with international human rights standards and international conventions ratified by Cambodia;

5. Urges the Cambodian Government to allow the Khmer Rouge Tribunal to start operating without further delay, in accordance with international standards of judicial independence, fair trial and due legal process, as agreed with the UN in June 2003;

6. Supports the efforts of the ECCC Review Committee on the Internal Rules to narrow the differences on a number of issues in order to move prosecutions and trials forward;

7. Calls on the Council and the Commission to address the concerns over human rights and the rule of law in Cambodia in their contacts with the Cambodian Government;

8. Instructs its President to forward this resolution to the Council, the Commission, the Government and National Assembly of the Kingdom of Cambodia, the UN Secretary-General, the UN High Commissioner for Human Rights, the Special Representative of the UN Secretary-General for Human Rights in Cambodia, and the governments of the ASEAN Member States.

[1] OJ C 247 E, 6.10.2005, p. 161.

[2] OJ C 320 E, 15.12.2005, p. 280.

[3] OJ C 287 E, 24.11.2006, p. 334.

[4] OJ C 285 E, 22.11.2006, p. 129.

[5] OJ L 269, 19.10.1999, p. 18.

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