Cambodia Democracy and Human Rights Act of 2023

Bill: 118-s-2331
Sponsor: full_name: Sen. Markey, Edward J. [D-MA]
Introduced: 2023-07-18
Policy area: International Affairs
Latest action: action_date: 2023-07-18
text: Read twice and referred to the Committee on Foreign Relations.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 2331 IN THE SENATE OF THE UNITED STATES July 18, 2023 Mr. Markey (for himself, Mr. Rubio , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote free and fair elections, democracy, political freedoms, and human rights in Cambodia, and for other purposes.

1. Short title This Act may be cited as the Cambodia Democracy and Human Rights Act of 2023 . 2. Findings Congress finds the following: (1) On October 23, 1991, Cambodia and 18 other countries signed the Comprehensive Cambodian Peace Agreement (commonly referred to as the Paris Peace Agreements ), which committed Cambodia to a democratic system of governance protected by a constitution and free and fair elections and stated that the people of Cambodia shall enjoy the rights and freedoms embodied in the Universal Declaration of Human Rights and other relevant international human rights instruments . (2) Prime Minister Hun Sen has been in power in Cambodia since 1985 and is the longest-serving leader in Southeast Asia. Despite decades of international attention and assistance to promote a pluralistic, multi-party democratic system in Cambodia, the Government of Cambodia continues to be undemocratically dominated by the ruling Cambodian People’s Party. (3) In 2015, the Cambodian People’s Party-controlled National Assembly adopted the Law on Associations and Non-Governmental Organizations, which gave the Government of Cambodia sweeping powers to revoke the registration of nongovernmental organizations in the name of national unity , and which the government has used to restrict the legitimate work of civil society. (4) On August 23, 2017, Cambodia’s Ministry of Foreign Affairs ordered the closure of the National Democratic Institute office in Cambodia and the expulsion of its foreign staff. On September 15, 2017, Prime Minister Hun Sen called for the withdrawal of all volunteers from the United States Peace Corps, which has operated in Cambodia since 2006 with approximately 500 United States volunteers providing English language and healthcare training. (5) The Government of Cambodia has taken several measures to restrict its media environment, especially through politicized tax investigations against independent media outlets that resulted in the closure of The Cambodia Daily and Radio Free Asia in early September 2017. Additionally, the Government of Cambodia ordered several radio stations to stop the broadcasting of Radio Free Asia and Voice of America programming. (6) Cambodia’s small number of independent trade unions and workers have the right to strike, but many face retribution for doing so, according to Freedom House. (7) Each of the 6 elections that have taken place in Cambodia since 1991 was conducted in circumstances that were not free and fair, and were marked, to varying degrees, by fraud, intimidation, violence, and the misuse by the Government of Cambodia of legal mechanisms to weaken opposition candidates and parties. The 2017 local elections were marked by fewer reported irregularities, however, which helped the opposition Cambodia National Rescue Party (in this section referred to as the CNRP ). Hun Sen responded to those improvements in elections, resulting in part from international assistance and observers, by banning the CNRP, the primary opposition party, which was growing in popularity, on November 16, 2017. (8) On September 3, 2017, Kem Sokha, the President of the CNRP, was arrested on politically motivated charges, including treason and conspiring to overthrow the Government of Cambodia. He has been tried in a Cambodian court and is facing a 27-year prison sentence. (9) In the most recent general election in July 2018, following the dissolution of the CNRP, the Cambodian People’s Party secured every parliamentary seat, an electoral victory that the White House Press Secretary stated was neither free nor fair and failed to represent the will of the Cambodian people . (10) In the 2022 local elections, the Candlelight Party, founded in 1995 as the Khmer Nation Party and renamed the Sam Rainsy Party in 1997, won 22 percent of seats. The United Nations Human Rights Office reported pre-election threats, intimidation, and obstruction, including the imprisonment of some candidates. In February 2023, the government charged several Candlelight Party leaders with defamation and writing bad checks, which some analysts view as politically motivated in advance of the 2023 national elections. (11) The widespread crackdown by the Government of Cambodia on the political opposition and other independent voices has caused many CNRP leaders to flee abroad. (12) Since 2021, Cambodian courts have convicted more than 115 former CNRP politicians and opposition activists, including Sam Rainsy (in absentia) and Cambodian-American lawyer Theary Seng (jailed in Cambodia), of crimes against the state. Other convicted opposition figures living in exile include Rainsy’s wife, Tioulong Saumura, Mu Sochua, Eng Chhay Eang, Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth Romduol. (13) According to Freedom House, Hun Sen uses the police and armed forces as instruments of repression. The military has stood firmly behind Hun Sen and his crackdown on opposition groups and Hun Sen has built a personal bodyguard unit in the armed forces that he reportedly uses to harass and abuse Cambodian People’s Party opponents. (14) Beginning in December 2021, the Government of Cambodia has restricted the labor rights of workers protesting working conditions and illegal dismissals at the NagaWorld Casino, including using the COVID–19 pandemic as an excuse to limit the ability of workers to protest. In February 2022, officials of the Government of Cambodia arrested 6 workers of the casino after leaving a COVID–19 testing center, claiming that they had obstructed testing. (15) In 2019, the Wall Street Journal reported that Cambodia had signed a deal with the Government of the People’s Republic of China to allow that Government access to and use of the Ream Naval Base on the Gulf of Thailand, even though the Constitution of Cambodia prohibits the establishment of foreign military bases. (16) In 2019, the New York Times reported that a company described by the Department of the Treasury as being a state-owned company of the People’s Republic of China had secured a 99-year lease to build an airport capable of supporting military aircraft at Dara Sakor, raising concerns that Beijing intends to use this facility for its military, despite the prohibition against the establishment of foreign military bases set forth in the Constitution of Cambodia. (17) In section 401 of the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ; 132 Stat. 5407), Congress expressed serious concerns with the rule of law and civil liberties in Cambodia and made the finding that the promotion of human rights and respect for democratic values in the Indo-Pacific region is in the United States national security interest. (18) The 2022 Country Reports on Human Rights Practices of the Department of State stated, of Cambodia, Corruption was endemic throughout society and government. There were reports police, prosecutors, investigating judges, and presiding judges took bribes from owners of both legal and illegal businesses … Citizens frequently and publicly complained about corruption. Meager salaries contributed to survival corruption among low-level public servants, while a culture of impunity enabled corruption to flourish among senior officials. . (19) Cambodia currently occupies a Tier 3 ranking on the Department of State’s Annual Trafficking in Persons Report, indicating that Cambodia does not meet the minimum standards for preventing trafficking in persons and is not making significant efforts to do so. Human trafficking is rampant across a number of industries in Cambodia and is often linked to Chinese-organized crime networks. For many years, members of the ruling elite, including personal family members and advisors of the Prime Minister, have been individually linked to businesses implicated in trafficking in persons into Cambodia. Many of the trafficked persons are forced to work in scamming operations that target United States citizens. (20) Section 7043(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328 ) restricts assistance to the Government of Cambodia until “the Secretary of State certifies and reports to the Committees on Appropriations that such Government is taking effective steps to— (i) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; (ii) assert its sovereignty against interference by the People’s Republic of China, including by verifiably maintaining the neutrality of Ream Naval Base, other military installations in Cambodia, and dual use facilities such as the runway at the Dara Sakor development project; (iii) cease violence, threats, and harassment against civil society and the political opposition in Cambodia, and dismiss any politically motivated criminal charges against critics of the government; and (iv) respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993. . (21) Section 201(f) of the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ; 132 Stat. 5392) restricts assistance to Cambodia until the Government of Cambodia takes effective steps to— (A) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; and (B) respect the rights and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993, including through the— (i) restoration of the civil and political rights of the opposition Cambodia National Rescue Party, media, and civil society organizations; (ii) restoration of all elected officials to their elected offices; and (iii) release of all political prisoners, including journalists, civil society activists, and members of the opposition political party. (22) On December 9, 2019, the Department of the Treasury imposed sanctions under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ) with respect to certain corrupt Cambodian actors and their networks. (23) In February 2020, the European Union, Cambodia’s largest export market, partially suspended trade preferences for Cambodia under its Everything but Arms trade program, in response to Cambodia’s violations of civil and political rights. (24) In 2021, the Joint Vietnamese Friendship building, a facility built by the Government of Vietnam, was relocated off the Ream Naval Base, reportedly to avert conflicts with military personnel of the People’s Republic of China. (25) On June 8, 2022, in the groundbreaking ceremony for constructing new facilities of the Ream Naval Base, which, according to the Washington Post, would allow the People’s Liberation Army to have exclusive use of the northern portion of the base , the Ambassador of the People’s Republic of China to Cambodia, Wang Wentian, declared that the base would be a monument to the ironclad friendship and cooperation between the two militaries of the People’s Republic of China and Cambodia. (26) In June 2018, the United States sanctioned Hun Sen’s chief bodyguard, Hing Bun Hieng, for being the leader of an entity involved in serious human rights abuse , according to the Department of the Treasury. In March 2020, a French court issued arrest warrants for Hing Bun Hieng and Huy Piseth, the former deputy chief of Hun Sen’s bodyguard unit, for taking part in a grenade attack against the opposition party in 1997. (27) In 2015, 2 CNRP lawmakers were viciously attacked while they were leaving the National Assembly. Three men were arrested and put on trial for the attack. All 3 men are members of Hun Sen’s personal bodyguard unit. 3. Sense of Congress It is the sense of Congress that— (1) the United States is committed to promoting democracy, human rights, and the rule of law in Cambodia, as laid out in the 1991 Paris Peace Agreements; (2) the United States Government, through diplomacy and assistance, should urge the Government of Cambodia to— (A) release all political prisoners; (B) drop all politically motivated charges and vacate convictions against members of the Cambodia National Rescue Party, journalists, and civil society activists; (C) restore full political rights to the Cambodia National Rescue Party and other political parties; (D) reverse the policies and actions that have resulted in the dismantling of democracy, the blatant disregard of fundamental human rights, and the breakdown of rule of law in Cambodia; (E) immediately discontinue the imprisonment and judicial harassment of journalists, political dissidents, and activists, drop politically motivated charges, and unconditionally release all political prisoners; (F) stop arrests and intimidation of civil society members, including human rights activists, environmental defenders, and labor leaders, and promote a flourishing civil society that supports the political and economic development of Cambodia; (G) halt the threat of mass arrests and violence if and when Cambodia National Rescue Party members currently overseas return to Cambodia; (H) reinstate the political status of the Cambodia National Rescue Party and other opposition parties, restore the Cambodia National Rescue Party’s elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free and fair elections monitored by international observers; (I) ensure that media outlets are able to operate freely and without interference, including having the ability to apply for and receive licenses to operate within Cambodia; (J) consider how allowing the People’s Liberation Army to conduct activities, gain access, or establish a presence in Cambodia would harm Cambodia’s relationships with its neighbors, partners, and allies, and could violate the Constitution of Cambodia; and (K) cease providing support to authoritarian regimes and undermining democratic activists in the region, especially through its ties to the Burmese military that seized power in a coup d’état on February 1, 2021, and instead play a constructive role in multilateral organizations like the Association of Southeast Asian Nations to promote peace and democracy in the region; (3) Prime Minister Hun Sen is directly responsible, and should be held accountable, for the safety, health, and welfare of exiled Cambodia National Rescue Party leaders and their supporters upon their return to Cambodia; (4) other governments throughout the Indo-Pacific region should— (A) urge the Government of Cambodia to allow the peaceful return of exiled Cambodia National Rescue Party leaders and their supporters; (B) refrain from illegally restricting the rights of Cambodia National Rescue Party members to travel to and through their countries as they return; and (C) press the Government of Cambodia not to allow the People’s Liberation Army to use Cambodia’s military facilities or establish a presence within Cambodia; (5) in the absence of systemic democratic reforms on the part of the Government of Cambodia, there is need for additional measures by the United States Government, including through the enactment of legislation and executive action; and (6) the presence of the People’s Liberation Army will further enable Prime Minister Hun Sen’s authoritarian crackdown, including oppression of opposition parties, independent civil society, and free media in Cambodia. 4. Sanctions relating to suppressing democratic institutions, political freedoms, and human rights in Cambodia (a) Identification of persons responsible for suppressing democratic institutions, political freedoms, and human rights in Cambodia (1) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of— (A) any current or former officials of the Government of Cambodia or the military or security forces of Cambodia, and any other foreign persons, that the President determines knowingly— (i) directly and substantially prevent members of opposition parties and groups, the media, and civil society organizations from exercising their civil and political rights; (ii) engage in or are responsible for any acts for which sanctions may be imposed under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ); or (iii) engage in or support the establishment of installations or facilities that the People’s Liberation Army or entities tied to the People’s Liberation Army in Cambodia, which could include persons identified under paragraph (1) of section 5(a) in the report required by that section, could use; (B) any persons that the President determines are acting for or on behalf of a person described in subparagraph (A) related to conduct described in that subparagraph; and (C) any persons that the President determines are owned or controlled by an entity described in subparagraph (A) and are involved in conduct described in that subparagraph. (2) Updates The President shall submit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. (b) Imposition of sanctions The President shall impose the following sanctions with respect to each foreign person on the list required by subsection (a): (1) Asset blocking The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens inadmissible for visas, admission, or parole (A) Visas, admission, or parole In the case of an individual, that individual is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other entry documentation of the individual shall be revoked in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the individual’s possession. (c) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Exceptions (1) Exception for intelligence and law enforcement activities Sanctions under this section shall not apply with respect to— (A) any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ); or (B) any authorized intelligence or law enforcement activities of the United States. (2) Exception to comply with international obligations Sanctions under subsection (b)(2) shall not apply with respect to the admission or parole of an individual if admitting or paroling the individual into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (3) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under subsection (b)(1) shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (e) Waiver The President may waive the application of sanctions under subsection (b) with respect to a foreign person on the list required by subsection (a) if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. (f) Suspension of sanctions (1) Suspension The requirement to impose sanctions under this section may be suspended for an initial period of not more than one year if the President determines and certifies to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (A) Ending government efforts to suppress democratic institutions and political freedoms and rights. (B) Ending gross violations of internationally recognized human rights and acts of significant corruption. (C) Releasing all political prisoners. (D) Dropping all politically motivated charges and vacating convictions from any such charges against members of the Cambodia National Rescue Party, journalists, and civil society activists. (E) Conducting free and fair elections that allow for the active participation of credible opposition candidates. (2) Renewal of suspension The suspension of sanctions under paragraph (1) may be renewed for additional, consecutive one-year periods if the President determines and certifies to the appropriate congressional committees that Cambodia continued to make meaningful progress toward satisfying the conditions described in that paragraph during the year preceding the certification. (g) Sunset This section shall terminate on the date that is 5 years after the date of the enactment of this Act. 5. Report on activity of the People’s Liberation Army and Government of the People’s Republic of China in Cambodia (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the committees specified in subsection (c) a report assessing— (1) the involvement of the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army in upgrading existing facilities or constructing new facilities at Ream Naval Base and Dara Sakor Airport in Cambodia; (2) any actual or projected benefits, including any enhancement of the power projection capabilities of the People’s Liberation Army, that the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army may accrue as a result of such upgrades or construction; (3) the impact that the presence of the People’s Liberation Army in Cambodia may have on the interests, allies, and partners of the United States in the region; (4) any efforts undertaken by the United States Government to convey to the Government of Cambodia the concerns relating to the presence of the People’s Liberation Army and the Government of the People’s Republic of China in Cambodia and the impact that presence could have on security in the South China Sea and the Indo-Pacific region more broadly and on adherence to the Constitution of Cambodia; (5) the impact the presence of the People’s Liberation Army in Cambodia, as well as closer government-to-government ties between Cambodia and the Government of the People’s Republic of China, including through investments under the Belt and Road Initiative, has had on the deterioration of democracy and human rights inside Cambodia; (6) any party-to-party training, coordination, or other links between the Chinese Communist Party and the Cambodian People’s Party; and (7) any other ongoing activities by the People’s Liberation Army or any other security services of the Government of the People’s Republic of China in Cambodia. (b) Form of report The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Committees specified The committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 6. Rule of construction Nothing in this Act may be construed to limit the authority of the President to designate persons for the imposition of sanctions pursuant to an Executive order issued under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) or otherwise pursuant to that Act. 7. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Foreign person The term foreign person means a person that is not a United States person. (3) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (4) People’s Liberation Army The term People’s Liberation Army means the armed forces of the People’s Republic of China, including the People’s Liberation Army Navy. (5) Person The term person means an individual or entity. (6) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity; or (C) any person in the United States.