European Parliament resolution on Cambodia
Date: 2005-03-10
Institutions: European Parliament
Subjects: Cambodia, EU relations, Member of Parliament, independence of the judiciary, opposition, parliamentary immunity, political situation, political violence, right to justice

C 320 E/280

Official Journal of the European Union

EN

15.12.2005

Thursday 10 March 2005

P6_TA(2005)0081

Cambodia

The European Parliament,

European Parliament resolution on Cambodia

— 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 jour-
nalists 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 inter-
national 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 com-
mittees, thus denying them the possibility of effectively representing the people who voted for them,

(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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Official Journal of the European Union

C 320 E/281

Thursday 10 March 2005

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,

Believes that lifting the parliamentary immunity of opposition legislators creates a dangerous precedent

1.
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;

Calls upon the government of Cambodia immediately and unconditionally to release Cheam Channy,

3.
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;

Calls on the authorities of Cambodia to abide by their international commitments, particularly the

5.
International Covenant on Civil and Political Rights, ratified in 1992;

Urges the government of Cambodia to put an end to persecution of political opponents and human

6.
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 commit-
tees;

8.
Calls on the Commission, the Council and the governments of the Member States to raise this ques-
tion 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;

Suggests that an EU ad hoc delegation visit Cambodia as soon as possible to evaluate the country's

10.
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.

P6_TA(2005)0082

Saudi Arabia

The European Parliament,

European Parliament resolution on Saudi Arabia

— having regard to its earlier resolution on Saudi Arabia (adopted on 18 January 1996) (1) and its resol-
utions on the annual meetings of the UN Commission on Human Rights in Geneva (2000-2005),

— having regard to the working visit to Saudi Arabia from 7 to 12 February 2005 by members of its

Delegation for relations with the Gulf States, including Yemen,

(1) OJ C 32, 5.2.1996, p. 98.