European Parliament resolution on political repression in Cambodia
Date: 2006-01-19
Institutions: European Parliament
Subjects: Cambodia, arrest, democracy, fundamental rights, human rights, international law, repression, the EU's international role

C 287 E/334

EN

Official Journal of the European Union

24.11.2006

Thursday, 19 January 2006

P6_TA(2006)0032

Cambodia

European Parliament resolution on political repression in Cambodia

The European Parliament,

— having regard to its resolutions of 13 January 2005 (1) and 10 March 2005 (2) on Cambodia and its
resolution of 1 December 2005 on the human rights situation in Cambodia, Laos and Vietnam (3),

— having regard to the Cooperation Agreement of 1997 between the European Community and the

Kingdom of Cambodia (4),

— having regard to the EU Guidelines on Human Rights Defenders approved by the Council on 14 June

2004,

— having regard to the standards set by the 1998 UN Declaration on Human Rights Defenders,

— having regard to the statement of 27 December 2005 by the Special Representative of the UN Secretary

General for Human Rights in Cambodia, Mr Yash Ghai,

— having regard to the statement of 4 January 2006 by the UN High Commissioner for Human Rights,

— having regard to the World Bank statement of 9 January 2006 on Cambodia,

— having regard to the Declaration of 13 January 2006 by the Presidency on behalf of the European

Union on the deteriorating political situation in Cambodia,

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

A. whereas in recent weeks political repression in Cambodia has dramatically increased, with several

arrests of human rights workers, journalists and trade unionists for defamation offences,

B. whereas Kem Sokha, President of the Cambodian Centre for Human Rights (CCHR), Pa Nguon Teang,
Acting Director of the Cambodian Centre for Human Rights and radio director, Rong Chhun, President
of the Cambodian Independent Teachers' Association (CITA) and Mam Sonando, Director of the
Beehive Radio, are facing trial,

C. whereas Yeng Virak and Kem Sokha were released on bail but the charges have not been dropped,

D. whereas, for the same reasons, the Cambodian authorities are searching for Chea Mony, President of
the Free Trade Union of Workers, Ea Channa, Deputy Secretary General of the Students' Movement for
Democracy, Men Nath, President of the Cambodian Independent Civil Servants' Association, Prince Siso-
wath Tomico, secretary to former King Sihanouk, and Say Bory, advisor to former King Sihanouk,

E. whereas several other activists and members of the opposition have left the country under the threat of

arrest and persecution,

(1) OJ C 247 E, 6.10.2005, p. 161.
(2) OJ C 320 E, 15.12.2005, p. 280.
(3) Texts Adopted, P6_TA(2005)0462.
(4) OJ L 269, 19.10.1999, p. 18.

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F. considering those repressive tactics an attempt by the government to silence peaceful critics of the
government and thus eliminate the last effective political opposition; whereas those events also present
worrying indications that Cambodia's democracy is deteriorating,

Thursday, 19 January 2006

G. whereas on 22 December 2005 the leader of the opposition, Sam Rainsy, was sentenced in absentia to
18 months' imprisonment on defamation charges brought by the Prime Minister and the President of
the National Assembly,

H. whereas Cheam Channy, Member of the Cambodian Parliament, was tried and convicted in August

2005, and sentenced to seven years' imprisonment,

I. whereas the UN Working Group on Arbitrary Detention has ruled that the detention of Cheam Channy

is a violation of both Cambodian and international law,

1.
Is deeply concerned about the recent arrests and prosecutions and urges the Cambodian government
to consider very carefully the compatibility of such actions with the commitments it has given to its
people and to donors to build a more open, democratic and just society;

2.
Takes note of the above mentioned release of recently arrested human rights activists and calls for the
annulment of all charges against them; and asks for the annulment of all charges and arrest warrants
issued against human rights defenders who are not currently detained; calls moreover for all acts of intimi-
dation and harassment of human rights activists in Cambodia to be halted;

3. Urges Cambodia to stop breaching its obligations under international law, and in particular the Inter-
national Covenant on Civil and Political Rights, and immediately to release Cheam Channy; also calls for
the judgment against Sam Rainsy and Chea Poch to be overturned and their parliamentary immunity
restored;

4.
Strongly believes that the continuing detentions of leading figures from the political opposition, trade
unions, the media and NGOs and the use of the criminal law in cases of expression of dissenting opinions
on matters of politics and policy send a worrying message to the donor community on which the govern-
ment relies for about 50 % of its annual budget;

5. Reminds the Cambodian government that it has to meet its obligations and commitments regarding
the democratic principles and fundamental human rights which are an essential element of the above
mentioned Cooperation Agreement, as defined in Article 1 of that Agreement;

6. Calls on the Commission and the Council to respond to the latest crackdown on civil and political
rights in clear and unambiguous terms, in coordination with the donor community, at the forthcoming
Consultative Group meeting;

7.
Expresses its support for the Special Representative of the UN Secretary General for Human Rights in
Cambodia and the Office of the UN High Commissioner for Human Rights, whose mandates include
protection and monitoring of the human right situation;

8.
Expresses concern that the use of the Cambodian judiciary as an instrument of repression against the
political opposition and civil society casts serious doubts on the Cambodian government's commitment to
establish the Khmer Rouge Tribunal in accordance with international standards of judicial independence,
fair trial and due legal process, as agreed with the UN in June 2003 and questions the need for defamation
of the Office of the Prime Minister to be a criminal offence;

9.
Strongly believes that dissenting views and opinions should be challenged through public debate
rather than criminal law suits and calls for prosecutions on defamation charges to be stopped, as they
could easily be abused for political purposes;

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Thursday, 19 January 2006

10. Calls on the EU to take steps to ensure that fundamental freedoms, as enshrined in Article 1 of the
above mentioned Cooperation Agreement, are respected and that attacks on civil liberties have conse-
quences; calls on the EU also to make continuation of its financial aid conditional upon an improvement
in Cambodia's human rights record;

11. Reiterates its demand that an ad hoc delegation of the Parliament visit Cambodia to evaluate respect
for the provisions of Article 1 of the Cooperation Agreement and the situation of detained parliamentar-
ians, media representatives and trade union leaders in the country;

12. Calls on the Cambodian authorities to fully implement the 1951 Convention relating to the Status of
Refugees both with regard to the protection of Montagnard refugees, refraining from illegal forced deporta-
tion to Vietnam, and to granting refugee status to ethnic Khmer Krom escaping from Vietnam;

13.
Instructs its President to forward this resolution to the Council, the Commission, the UN High
Commissioner for Human Rights, the Special Representative of the UN Secretary General for Human
Rights in Cambodia, the President of the World Bank, the ASEAN Secretariat and the government and
National Assembly of the Kingdom of Cambodia.

P6_TA(2006)0033

Disability and development

European Parliament resolution on disability and development

The European Parliament,

— having regard to Article 13 of the EC Treaty,

— having regard to Articles 21 and 26 of the Charter of Fundamental Rights of the European Union,

which set out the rights of people with disabilities,

— having regard to Article 6 of the Treaty on European Union and Article 14 of the European Conven-

tion on Human Rights and Fundamental Freedoms,

— having regard to the ACP-EU Joint Parliamentary Assembly resolutions of 1 November 2001 on the
rights of disabled people and older people in ACP countries (1) and of 21 March 2002 on health issues,
young people, the elderly and people living with disabilities (2),

— having regard to its resolution of 3 September 2003 on the Commission Communication ‘Towards a
United Nations legally binding instrument to promote and protect the rights and dignity of persons
with disabilities’ (COM(2003)0016) (3),

— having regard to the UN's Millennium Development Goals (General Assembly Resolution 60/1 on the

2005 World Summit Outcome of 16 September 2005),

— having regard to the WHO Resolution WHA 58.23 of 25 May 2005 on disability, including prevention,

management and rehabilitation,

(1) OJ C 78, 2.4.2002, p. 64.
(2) OJ C 231, 27.9.2002, p. 55.
(3) OJ C 76 E, 25.3.2004, p.231.