MOTION FOR A RESOLUTION on Cambodia
24.11.2015 - (2015/2969(RSP))
pursuant to Rule 135 of the Rules of Procedure
Cristian Dan Preda, Jeroen Lenaers, Elmar Brok, Patricija Šulin, József Nagy, Eduard Kukan, Bogdan Brunon Wenta, Milan Zver, Jarosław Wałęsa, Giovanni La Via, Davor Ivo Stier, Jiří Pospíšil, Joachim Zeller, Ivan Štefanec, Pavel Svoboda, Agnieszka Kozłowska-Rajewicz, Ildikó Gáll-Pelcz, Andrey Kovatchev, Tunne Kelam, Tadeusz Zwiefka, Csaba Sógor, Lefteris Christoforou, Luděk Niedermayer, Marijana Petir, Dubravka Šuica, Andrej Plenković, Adam Szejnfeld, Tomáš Zdechovský, Roberta Metsola, Therese Comodini Cachia on behalf of the PPE Group
See also joint motion for a resolution RC-B8-1263/2015
The European Parliament,
- having regard to its previous resolutions on Cambodia,
- having regard to the Statement by the Spokesperson of the European External Action Service on the Law on Associations and NGOs in Cambodia of 15 July 2015,
- having regard to the Local Statement of the European Union on Cambodia of 26 October 2015,
- having regard to the Report of the Special Rapporteur on the situation of human rights in Cambodia of 20 August 2015,
- having regard to the Resolution of the United Nations Human Rights Council on Cambodia of 2 October 2015,
- having regard to the Statement attributable to the Spokesman for the United Nations Secretary-General on Cambodia of 17 November 2015,
- having regard to the Universal Declaration of Human Rights of 1948,
- having regard to the International Covenant on Civil and Political Rights of 1966,
- having regard to the Cooperation Agreement between the European Community and the Kingdom of Cambodia of 1997,
- having regard to Rule 135 of its Rules of Procedure,
A. whereas on 26 October 2015 a group of pro-Government protesters in Phnom Penh verbally and physically assaulted opposition Parliamentarians Kung Sophea and Nhay Chamraoen;
B. whereas on 30 October 2015 opposition party deputy leader Kem Sokha was removed from his position as First Vice-President of the National Assembly the ruling Cambodian People’s Party (CPP) during a session boycotted by the Cambodia National Rescue Party (CNRP);
C. whereas on 13 November 2015 an arrest warrant was issued against opposition leader Sam Rainsy on seven-year-old defamation charges; whereas on 16 November 2015 Sam Rainsy was removed from the National Assembly;
D. whereas 11 opposition activists are serving prison sentences of between seven and twenty years for participating in or leading an "insurrection"; whereas an opposition Parliamentarian is awaiting trial on charges that include incitement to commit crimes and forging public documents;
E. whereas in 2015 the Law on Associations and Non-Governmental Organisations (LANGO) was adopted by the Cambodian Parliament, despite widespread criticism from civil society and the international community that the law would impede civil society in Cambodia;
F. whereas the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association has stated that civil society in Cambodia has been excluded from the LANGO drafting process;
G. whereas the Government of Cambodia approved the draft Law on Trade Unions on 13 November 2015;
1. Expresses its concern over increasing tensions between Cambodia’s Government and opposition; condemns attacks against opposition Parliamentarians in Cambodia; calls for an end to violence, intimidation and harassment of opposition activists and Parliamentarians;
2. Urges the Cambodian authorities to take the necessary steps to ensure the safety of all Parliamentarians and to bring those responsible for the violent assaults to justice;
3. Calls on the National Assembly to reinstate Sam Rainsy immediately and to restore his parliamentary immunity; calls on the Government of Cambodia to revoke the arrest warrant issued against Sam Rainsy and to allow him and other opposition Parliamentarians to return to Cambodia without fear of arrest or persecution;
4. Notes that the "Culture of Dialogue" between the leaders of the CPP and CNRP, brought hope that Cambodia’s democracy was on a positive trajectory; calls on the Government of Cambodia and opposition to engage in a serious and meaningful dialogue;
5. Stresses that the LANGO touches on sensitive issues on which all stakeholders should have been consulted in depth; deplores that a number of important concerns were not taken into consideration; underlines that the Law falls short of international human rights laws and norms governing the right to freedom of association; urges the Government of Cambodia to repeal the LANGO;
6. Calls on the Cambodian authorities to fully respect the constitutional provisions concerning pluralism and freedom of association and expression;
7. Urges the Government of Cambodia to meet its obligations under those treaties and conventions to which it is a party, and to this end to strengthen its cooperation with United Nations agencies, including the Office of the High Commissioner, through enhanced dialogue and the development of joint activities;
8. Calls on the Government of Cambodia to take action to promote the rights and dignity of all Cambodians by protecting civil and political rights;
9. Stresses that the draft Law on Trade Unions includes very little input from independent labour unions and may not be compliant with International Labour Organization (ILO) standards on freedom of association; underlines that the ILO places heavy emphasis on tripartite engagement in the development of labour legislation; reiterates its call on the Government of Cambodia to withdraw the draft Law on Trade Unions;
10. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to address the situation of opposition politicians and activists, and the right to freedom of association and expression with the Government of Cambodia without delay;
11. Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Secretariat of the Association of Southeast Asian Nations, the UN Secretary-General, the UN Human Rights Council, and the Government and National Assembly of the Kingdom of Cambodia.