P6_TA(2005)0081

Cambodia

European Parliament resolution on Cambodia

The European Parliament,

- having regard to its previous resolutions on Cambodia, and in particular those of 13 March 2003 [1], 12 February 2004 [2] and 13 January 2005 [3],

- having regard to the Cooperation Agreement between the European Community and the Kingdom of Cambodia, which entered in force on 1 November 1999,

- having regard to the Declaration of the Presidency on behalf of the European Union following the suspension of the parliamentarian immunity of three members of the opposition,

- having regard to the 2004-2006 EC-Cambodia Strategy Paper and the 2005-2006 National Indicative Programme,

- having regard to the statement by the Special Representative of the UN Secretary-General for Human Rights in Cambodia concerning the recent anti-democratic developments in Cambodia,

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

A. whereas on 3 February 2005 the National Assembly of Cambodia lifted the parliamentary immunity of three Members of Parliament belonging to the Sam Rainsy Party: Sam Rainsy, Cheam Channy and Chea Poch,

B. concerned by the fact that the vote was taken by a show of hands, in violation of the Cambodian National Assembly's own regulations and procedures, that it was taken behind closed doors after journalists and diplomats had been asked to step out of the assembly hall, and that the minutes of the session were not made public,

C. whereas all three parliamentarians now face prosecution on charges ranging from criminal defamation to the formation of a secret military force to overthrow the government,

D. whereas Cheam Channy was arrested on the same day, after a warrant has been issued by the Office of the Military Prosecutor, and transferred to the military prison in Phnom Penh on an allegation of organising an anti-government militia,

E. whereas senior Cambodian People's Party officials have publicly declared that the authorities have found no evidence of an armed force being created,

F. whereas the Cambodian judicial system's lack of independence and impartiality is well known,

G. whereas Cambodian domestic law precludes prosecution of civilians before military courts, and international law allows this only under exceptional circumstances, with full guarantees of a fair trial,

H. whereas former King Norodom Sihanouk's plea to the Prime Minister to restore Sam Rainsy's immunity was turned down on the grounds that only the court may ask the National Assembly to reverse its decision,

I. whereas the Sam Rainsy Party has been prevented from sitting on any of the National Assembly committees, thus denying them the possibility of effectively representing the people who voted for them,

J. whereas during recent years human rights activists, opposition journalists, trade unionists and other opposition supporters have been intimidated, arrested and killed, creating a climate of political violence in the country,

K. stressing that parliamentary immunity is designed to protect parliamentarians from possibly groundless proceedings or accusations that may be politically motivated,

1. Believes that lifting the parliamentary immunity of opposition legislators creates a dangerous precedent which weakens the legislature as an independent institution of the state and the heart of democracy;

2. Believes that this action undermines the democratic progress already accomplished by Cambodia;

3. Calls upon the government of Cambodia immediately and unconditionally to release Cheam Channy, who should not, as a civilian, be subject to military jurisdiction;

4. Considers that the criminal charges brought by the leaders of the ruling coalition against opposition party members constitute a major setback for democracy in Cambodia, casting doubts on the government's commitment to genuine pluralistic democracy;

5. Calls on the authorities of Cambodia to abide by their international commitments, particularly the International Covenant on Civil and Political Rights, ratified in 1992;

6. Urges the government of Cambodia to put an end to persecution of political opponents and human rights activists in their country;

7. Calls on the National Assembly of Cambodia to restore immunity immediately to all three Members of Parliament and to ensure that members of the opposition are allowed to sit on its parliamentary committees;

8. Calls on the Commission, the Council and the governments of the Member States to raise this question with the Cambodian government and to consider imposing appropriate sanctions if the National Assembly and the government of Cambodia do not reverse their recent actions;

9. Calls on the Commission, the Council and the governments of the Member States, in anticipation of the ASEAN-EU Ministerial Meeting to be held on 10 and 11 March 2005 in Jakarta, to raise these concerns about the current political situation and the threats to democracy resulting from attempts to silence the political opposition in Cambodia;

10. Suggests that an EU ad hoc delegation visit Cambodia as soon as possible to evaluate the country's political situation;

11. Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary-General, the UN High Commissioner for Human Rights, the parliament and government of Cambodia and the governments of the ASEAN Member States.

[1] OJ C 61 E, 10.3.2004, p. 417.

[2] OJ C 97 E, 22.4.2004, p. 662.

[3] Texts Adopted of that date, P6_TA(2005)0012.

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