MOTION FOR A RESOLUTION on the situation in Cambodia

23.10.2012 - (2012/2844(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 122 of the Rules of Procedure

Véronique De Keyser; Ana Gomes; Corina Creţu; Robert Goebbels; Marc Tarabella on behalf of the S&D Group

See also joint motion for a resolution RC-B7-0478/2012

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

B7‑0478/2012

European Parliament resolution on the situation in Cambodia

(2012/2844(RSP))

The European Parliament,

_ having regard to the EU-Cambodia Cooperation Agreement in place since 1997 and to the EU’s “Everything But Arms” initiative that has benefitted Cambodia since 2001,

_ having regard to the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which Cambodia is a party,

_ having regard to the Report of the UN Special Rapporteur on the situation of human rights in Cambodia, Surya Subedi, presented on 24^th September 2012 to the 21^st session of the Human Rights Council,

_ having regard to the EU Strategic Framework and Action Plan on Human Rights and Democracy adopted on 25^th June 2012,

_ having regard to the statement by the Spokesperson of EU High Representative Catherine Ashton on the sentencing of human rights defenders in Cambodia of 1^st October 2012,

_ having regard to the joint letter of 10 NGOs to the EU Trade Commissioner de Gucht of 1^st October 2012,

_ having regard to its previous resolutions on Cambodia, in particular the one of 21^st October 2010,

–    having regard to Rule 122(5) of its Rules of Procedure,

A. whereas over the last years there has been a clear deterioration of human rights situation in Cambodia with important restrictions on freedom of expression, repeated attacks against independent media, increasing harassment and violence against human rights defenders and peaceful protesters and the ongoing lad-grabbing under the economic land concessions;

B. whereas the latest report of the UN Special Rapporteur of Cambodia, while recognising the progress made over the years in strengthening democracy, human rights and the rule of law, points at the same time to persisting problems relating to observance of fundamental freedoms, suppression of all forms of government criticism and protests, land-grabbing that affects essentially the poor and increases poverty and using the courts for silencing political opponents;

 

C. whereas the impact of the ongoing process of economic land concessions on people’s rights has been high, especially on the rural poor and indigenous people; whereas the expropriation is carried out without proper consultation and negotiation with the affected populations,

D. whereas on 25^th April Chuh Wutty, a leading environmental campaigner who investigated illegal logging and helped to organise protests against the exploitation of protected forests, has been shot dead by the police in unclear circumstances;

E. whereas on 22^nd May thirteen women activists from Boeung Kak area were arbitrarily arrested and sentenced to lengthy prison terms for holding a peaceful protest at the development site affecting their community; whereas they have been released upon international pressure though their convictions have been upheld;

F. whereas between 15-17^th May during a violent eviction of the Proma community that had been protesting over land-grabbing by a rubber company closely connected to the Cambodian leaders, a 14-year old Heng Chantha was shot dead by the security forces; whereas no investigation into her death is taking place;

G. whereas the Prime Minister Hun Sen issued in May this year a directive establishing a moratorium on new economic land concessions and stipulating a review of the existing concessions; whereas despite the directive at least 12 new concessions were granted since a loophole in the directive allows to conclude new land concessions that were already in an advanced stage of negotiations or agreed in principle; whereas there has been no real review of the existing land concessions and none of the problematic ones has been cancelled;

H. whereas on 1^st October the Phnom Penh Municipal Court sentenced Mom Sonando, owner of the Beehive radio and director of the Association of Democrats in Cambodia to 20 years in prison for allegedly instigating insurrection while three other activists were sentenced in absentia for 15 to 30 years for anti-state crimes and further three to up to 5 years;

I. whereas general elections are scheduled to take place in July 2013; whereas the verdict against Sam Rainsy issued in 2010 by the Phnom Pehn Municipal Court prevents him from standing in the elections, thus severely restricting the possibility of political contestation of the Cambodian People Party, in power for the past 27 years;

 

1. Condemns all politically motivated sentences against political critics, human rights defenders and land activists and deplores the deaths of Chuk Wutty and Heng Chantha related to exercise of their right to peaceful protestation;

2. Calls for an immediate and unconditional release of Mom Sonando and other government critics and land rights activists and for dropping all charges against them;

 

3. Urges the Cambodian authorities to fully and independently investigate all instances of violence against peaceful demonstrators and activists, with a view to prosecute and punish all those responsible for human rights violations,

4. Urges the Cambodian government to stop all evictions, review the May 2012 directive and enforce a moratorium on forced evictions and all ELCs at various stages of negotiation and systematically review all existing ELCs to ensure their compliance with the 2001 Land Law and the Sub-Decree on ELCs; insists that all those forcibly evicted are offered adequate compensation;

5. Urges the judiciary to reverse the sentence against Sam Rainsy in order to allow him to return to the country, and to create conditions offering the possibility of participation of opposition parties and movements in the campaign on equal terms in view of the general elections in 2013;

6. Calls on the government of Cambodia to ensure a full implementation of the right of all citizens to freely express their opinions in a peaceful way and to protect independence of the media;

7. Calls on the Cambodian authorities to accept and swiftly implement recommendations of the UN Special Rapporteur on the necessary reform of the electoral process, especially those concerning the independence and workings of the National Election Committee and regional election committees, to ensure that elections are free and fair and that all citizens can exercise their right to democratic governance in a free political environment;

8. Calls on the Commission and the Council to ensure that the EU places human rights at the center of its relations with Cambodia and makes use of the full range of instruments at its disposal, including trade, investment, corporate social responsibility and development policy, in line with the EU Strategic Framework and Action Plan on Human Rights and Democracy;

9. Reiterates the call of several NGOs on the Commission to launch an EBA investigation into serious and systematic human rights abuses linked to economic land concessions in Cambodia;

10. Instructs its President to forward this resolution to the Commission Vice-President/ High Representative for Foreign Affairs and Security Policy, the Government and the National Assembly of Cambodia, the United Nations High Commissioner for Human Rights and the governments of the ASEAN Member States.