MOTION FOR A RESOLUTION

13.3.2007

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 115 of the Rules of Procedure
by Frithjof Schmidt
on behalf of the Verts/ALE Group
on Cambodia

NB: This motion for a resolution is available in the original language only.

B6‑0117/2007

European Parliament resolution on Cambodia

The European Parliament,

• -having regard to its resolutions of 13 January 2005[1] and 10 March 2005[2] on Cambodia , its resolution of 1 December 2005 on the human rights situation in Cambodia, Laos and Vietnam[3], and its resolution of 1st January 2006,
• -having regard to the Cooperation Agreement of 1997 between the European Community and the Kingdom of Cambodia[4],
• -having regard to the UN declaration of Human rights defenders of 1998,
• -having regard to the EU Guidelines on Human Rights Defenders approved by the Council on 14 June 2004,
• -having regard to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights,
• -having regard to Rule 115(5) of its Rules of Procedure,

A.  whereas on 24 February 2007, Hy Vuthy, president of the Free Trade Union of Workers in the Kingdom of Cambodia (FTUWKC) at the Suntex garment factory, was shot dead while riding his motorbike home after finishing his night shift at the Suntex factory in Phnom Penh’s Dangkao district,

B.  whereas this murder, which took place one kilometre from the factory, was reportedly committed by two men on a motorbike,

C.  deeply concerned by the fact that Hy Vuthy is the third FTUWKC official to be killed in three years: Chea Vichea, the union’s President, was shot dead in January 2004 and Ros Sovannareth, the FTUWKC President at the Trinunggal Komara factory, was murdered in May 2004,

D.   whereas on 28 January 2004 Born Samnang and Sok Sam Oeun were arrested for the alleged murder of Chea Vichea and later convicted and sentenced to 20 years' imprisonment, despite the lack of any credible evidence against them,

E.  seriously concerned that this case clearly demonstrates the continuing failure of Cambodia's judicial system to guarantee independence and impartiality, considering the deeply flawed criminal investigation against Born Samnang and Sok Sam Oeum, including allegations of police brutality during interrogation of the two men and political interference, which cost the first investigating judge, Mr. Hing Thirith, his position at the Phnom Penh Court when he dismissed the case for lack of evidence,

F.  whereas Cambodia is a party to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, which both provide for the right of everyone to form trade unions and join the trade union of his or her choice as well as the right of trade unions to function freely,

G.   concerned over many recent reports of serious harassment and intimidation of trade unionists ranging from violent physical attacks to listing trade unionists on blacklists and considering that most of these incidents are not investigated,

H  seriously concerned by the fact that Cambodia has one of the worst deforestation rates in the world, bringing the country's primary rainforest cover from over 70 percent in 1970 to 3.1 percent today,

I.  whereas the upcoming parliamentary elections will take place in July 2008 and local elections will take place in April 2007,

1.  Calls on the Cambodian authorities to bring those responsible for Hy Vuthy’s murder to justice;

2.  Urges the Government of Cambodia to launch an urgent impartial and effective investigation into the murder of Chea Vichea, Ros Savannareth and Yim Ry, who was assassinated in 2003, and to make the findings public;

3.  Calls on the authorities to release Born Samnang and Sok Sam Oeum unless there is sufficient evidence to bring charges against them, in which case they should be given a prompt retrial which complies with international standards;

4.  Strongly believes that this is the only way to give a clear signal to the perpetrators of these acts of violence against trade unionists that such behaviour will not be tolerated in the future and to create a climate in which trade unionists can operate safely without fear of reprisals;

 

5.  Reminds the Cambodian Government that it signed up to the democratic principles and fundamental human rights enshrined as essential elements in Article 1 of the Cooperation Agreement with the EU;

6.  Calls on the Cambodian authorities to:

• ▪engage in the long-promised legal and judicial reforms in order to establish the rule of law founded on respect for fundamental freedoms, and to end the current culture of impunity,
• ▪to combat effectively the endemic scourges of corruption and massive deforestation resulting in the displacement of people and to bring all those involved in such activities to justice,
• ▪to guarantee free and fair elections without intimidation and harassment;

7.  Insists that candidates of all political orientations should enjoy freedom of expression and access to the media, particularly the State media;

8.  Calls on the Council and Commission to address concerns regarding the failure of the rule of law in Cambodia in their contacts with the Cambodian Government;

9.  Invites the President of the Special Khmer Rouge Tribunal and the Special Representative of the UN Secretary-General on the situation of human rights in Cambodia to report on the situation in Cambodia before the relevant committees of the European Parliament;

10.  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 ASEAN Secretariat and the government and National Assembly of the Kingdom of Cambodia.

• [1]     OJ C 247 E, 6.
• [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.