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Procédure : 2021/2579(RSP)
Cycle de vie en séance
Cycle relatif au document : B9-0183/2021

Textes déposés :

B9-0183/2021

Débats :

PV 11/03/2021 - 9.3
CRE 11/03/2021 - 9.3

Votes :

Textes adoptés :

P9_TA(2021)0087

<Date>{09/03/2021}9.3.2021</Date>
<NoDocSe>B9‑0183/2021</NoDocSe>
PDF 163kWORD 50k

<TitreType>MOTION FOR A RESOLUTION</TitreType>

<TitreSuite>with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law</TitreSuite>

<TitreRecueil>pursuant to Rule 144 of the Rules of Procedure</TitreRecueil>


<Titre>on on the mass trials against opposition and civil society in Cambodia</Titre>

<DocRef>(2021/2579(RSP))</DocRef>


<RepeatBlock-By><Depute>Heidi Hautala, Francisco Guerreiro, Hannah Neumann, Bronis Ropė, Ignazio Corrao, Katrin Langensiepen, Jordi Solé, Sara Matthieu, Diana Riba i Giner</Depute>

<Commission>{Verts/ALE}on behalf of the Verts/ALE Group</Commission>

</RepeatBlock-By>

See also joint motion for a resolution RC-B9-0183/2021
NB: This motion for a resolution is available in the original language only.

B9‑0183/2021

European Parliament resolution on on the mass trials against opposition and civil society in Cambodia

(2021/2579(RSP))

The European Parliament,

 having regard to its previous resolutions on Cambodia, in particular those of 13 September 2018, 14 September 2017 and 14 December 2017,

 having regard to the Council conclusions on Cambodia of 26 February 2018,

 having regard to the statement by the spokesperson of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) of 2 March 2021 on the mass trials conducted against opposition figures,

  having regard to the EU’s statement on Cambodia at the 46th session of the United Nations Human Rights Council (UN HRC) of 26 February 2021,

  having regard to the statement of the UN Special Rapporteur on the situation of human rights in Cambodia of 25 November 2020  on the mass trial of activists,

  having regard to the statement of the UN Special Rapporteur on the situation of human rights in Cambodia, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the UN Special Rapporteur on the independence of judges and lawyers, and the Special Rapporteur on the right to peaceful assembly and association of 5 March 2021 on the long prison terms for former opposition leaders in Cambodia;

  having regard to the statement of the UN Special Rapporteur on the situation of human rights defenders and the UN Special Rapporteur on the situation of human rights in Cambodia of 16 November 2020 on the civil society crackdown and attacks on human rights defenders,

  having regard to the statement of the ASEAN Parliamentarians for Human Rights of 13 January 2021 on the charges against opposition members and supporters in Cambodia,

  having regard to the report of the Committee on the Human Rights of Parliamentarians and the decisions of the Governing Council of the Inter-Parliamentary Union of February 2021,

 having regard to the Commission's decision of 12 February 2020 to withdraw part of the tariff preferences granted to Cambodia under the European Union’s Everything But Arms’ (EBA) trade scheme as of 12 August 2020,

  having regard to the evaluation mission of the Commission and the European External Action Service (EEAS) to Cambodia of 5 to 11 July 2018,

  having regard to the 1997 Cooperation Agreement between the European Community and the Kingdom of Cambodia,

  having regard to UN HRC Resolution 42/37 of 27 September 2019 and the Report of the Secretary-General of 4 August 2020,

  having regard to the 1991 Paris Peace Accords, in which a commitment to uphold human rights and fundamental freedoms in Cambodia, including on the part of international signatories, is enshrined in Article 15,

  having regard to the International Labour Organisation Convention on Freedom of Association and Protection of the Right to Organise,

  having regard to the Cambodian Constitution, in particular Article 41 thereof, in which the rights and freedoms of expression and assembly are enshrined, Article 35 on the right to political participation and Article 80 on parliamentary immunity,

  having regard to the Universal Declaration of Human Rights of 10 December 1948,

  having regard to the International Covenant on Civil and Political Rights of 1966,

 having regard to Rule 144 of its Rules of Procedure,

 

  1. whereas in the last year the human rights situation in Cambodia further deteriorated, with an alarmingly escalating number of trials and arrests of political opposition members, human rights activists and civil society representatives;

 

  1. whereas in November 2020 at least 129 individuals were accused of being linked to the dissolved opposition Cambodia National Party (CNRP) to stand trial for politically motivated charges of incitement, plotting and attack against the state under articles 451, 453, 494 and 495 of the Criminal Code; whereas mass trials were held on a near weekly basis since 14 January 2021 and are scheduled to continue through March;

 

  1. whereas on 1 March 2021 as part of the mass trials the Phnom Penh Municipal Court sentenced nine leaders of the dissolved CNRP, namely Sam Rainsy, Mu Sochua, Eng Chhay Eang, Tioulong Saumura, Men Sothavrin, Ou Chanrith, Ho Vann, Long Ry, and Nuth Romduol, in exile to 20 to 25 years in prison charged for an attack against the state; whereas the Court also deprived them of their political rights to vote and stand in elections; whereas the accused were not allowed to return to the country to defend their cases in court constituting a violation of due process rights, firmly established by international human rights law;

 

  1. whereas those accused under the mass trial who are still in the country are now largely locked in Cambodia’s overcrowded prisons; whereas in previous cases since August 2020 at least 16 individuals from youth, environmental and labour rights groups have been jailed for peaceful activities or free speech;

 

  1. whereas, while these cases are being expedited by the courts, the trial against Kem Sokha, who was released on restrictive bail, remains suspended and his petitions for a resumption of the proceedings rejected;

 

  1. whereas the decision to dissolve the CNRP led to a de-facto one-party, authoritarian state; whereas the ruling Cambodian People’s Party (CPP) obtained 100 % of the contested seats in the National Assembly election held on 29 July 2018 and in the Senate election held on 25 February 2018; whereas Prime Minister Hun Sen has been ruling over Cambodia for 36 years;

 

  1. whereas there has been a severe crackdown on journalists and the independent media; whereas the freedom of speech online is at serious risk given the provisions in the recently adopted sub-decree on the Establishment of the National Internet Gateway and in the Draft Cybercrime Law;

 

  1. whereas many pieces and draft pieces of legislation in Cambodia limit the freedom of speech and political freedoms; whereas the CPP used the COVID-19 pandemic as a pretext for drafting and passing legislation that gives itself unchecked powers to restrict fundamental rights including freedom of assembly, expression, movement, and information, all in contravention to international law and Cambodia’s own constitution;

 

  1. whereas the Commission's decided on 12 February 2020 to partially withdraw tariff preferences granted to Cambodia under the EBA trade scheme as of 12 August 2020 due to the serious and systematic violations of the human rights principles enshrined in the International Covenant on Civil and Political Rights;

 

  1. Strongly condemns the Cambodian government’s relentless and further intensifying crackdown on dissent including violence against peaceful protesters, the adoption of new repressive laws and the arrest of civil society activists, politicians and ordinary citizens;
  2. Calls on the Cambodian authorities to initiate a process of national reconciliation through genuine and inclusive dialogue;
  3. Reiterates its call on the Cambodian government to end all forms of harassment, abuse and politically motivated criminal charges against members of the political opposition, human rights defenders, trade unionists and labour rights advocates, land rights and other civil society activists, environmentalists, students, and journalists, among others; calls on the Government of Cambodia to release, without delay, all persons who have been detained for exercising their human rights, and to drop all charges against them;
  4. Expresses its serious concerns about the recent mass trials against opposition figures based on their political affiliation and against peaceful activists; calls on the Cambodian authorities to drop all politically motivated cases, immediately and unconditionally release those in pre-trial detention, and revoke any convictions against them, including the nine exiled leaders of the dissolved CNRP; urges the government to reverse the decision to dissolve the CNRP; demands the government to reinstate more than 5000 commune officials elected in 2017;
  5. Calls on the Cambodian Government to work towards democracy and the rule of law and to respect human rights and fundamental freedoms, which includes fully complying with the constitutional provisions concerning pluralism and freedom of association and expression;
  6. Stresses that the flawed elections held in Cambodia on 29 July 2018 with the Cambodian People’s Party holding all contested seats in the National Assembly and in the Senate have cemented its one-party rule; urges the Cambodian government to repeal the amendments made to the Law on Political Parties in the run up to the 2018 elections and to allow for and reinstate opposition enabling a credible path towards pluralism and democracy;
  7. Reminds the Cambodian Government that pluralism and democracy can only flourish in a society in which citizens can freely express themselves online and offline and journalists can freely report on matters of public interest; is alarmed by the governments increasing  harassment of independent media outlets, the imprisonment of journalists and the recent decrees and draft laws for the digital space enabling the government to increase online surveillance, censorship, and control of the internet;
  8. Urges, the Cambodian Government to repeal the amendments to the Constitution, the Penal Code and restrictive legislation, including the Trade Union Law, the Law on Associations and Non-Governmental Organisations, the recently adopted sub-decree on the Establishment of the National Internet Gateway, the State of Emergency Law, as well as the Draft Public Order Law, the Draft Law on Measures to prevent the spread of Covid-19 and other Serious, Dangerous and  Contagious Diseases, the Draft Cybercrime Law and all other pieces and draft pieces of legislation limiting freedom of speech and political freedoms that are not fully in line with Cambodia’s obligations and international standards; 
  9. Expresses its concern about the increasing crackdown on environmental activists; is alarmed not only by their inclusion in the recent mass trials, but also other oppressive measures such as the three day detention of five environmental defenders including the Goldman Environmental Prize winner, Ouch Leng, for protesting against illegal logging inside one of the country’s biggest wildlife sanctuaries; strongly regrets the reported acceleration of illegal logging of Cambodia’s protected forests during the pandemic; calls on the EU and the Member States to foster international coordination in order to prevent any unauthorised goods from being illegally exported from Cambodia;
  10. Reiterates its continuing concern about land evictions, persisting impunity for such acts and the dire situation of the affected communities; praises the work of land rights activists such as Tep Vanny who have been victims of harassment and arbitrary arrest by the Cambodian government; welcomes the positive steps regarding the engagement of the Cambodian Government with affected communities but stresses that this process is neither inclusive nor standardised and needs to be opened to all legitimate claimants in order to provide remedies that correspond appropriately to community losses; regrets latest reports on evictions in Phnom Penh that were not conducted in line with human rights principles; urges the Cambodian government to follow the United nations commentary and guidelines on eviction and resettlement in this regard;
  11. Expresses its concern about the trials against trade union leaders and labour rights activists and the amendments to the Law on Trade Unions falling short of international labour rights standards and missing an inclusive and genuine consultative process of relevant stakeholders; welcomes the recent extension of the Better Factories Cambodia Programme by the International Labour Organization and invites the Cambodian government to engage in such projects for all sectors of the Cambodian economy;

 

  1. Believes that targeted sanctions including travel bans and asset freezes against Cambodian leaders and their economic interests are overdue; urges the Council to adopt restrictive measures against political leaders and leaders of the security forces responsible for serious human rights violations, the dissolution and subsequent repression of the opposition in Cambodia and against their economic interests under the EU Global Human Rights Sanctions Regime;
  2. Regrets that the Cambodian government failed to meet its responsibility in overcoming serious and systematic violations of political participation, freedom of expression and freedom of association which led to the Commission's decision to withdraw part of the tariff preferences granted to Cambodia under the European Union’s Everything But Arms’ (EBA) trade scheme as of 12 August 2020; strongly regrets the further deterioration in human rights enshrined in the International Covenant on Civil and Political Rights as displayed in the recent mass trials against the opposition and civil society; urges the Commission to insist on clearly defined human rights benchmarks in all its interactions with the Cambodian government, and to include issues of concern highlighted in this resolution as part of its ongoing enhanced engagement with the authorities, including on EBA;
  3. Calls on the EEAS and the Member States to take urgent action to lead the efforts at the forthcoming 48th session of the UN Human Rights Council towards the adoption of a strong resolution addressing the human rights situation in Cambodia, extending the mandate of the UN Special Rapporteur on human rights in Cambodia, and requesting the UN High Commissioner for Human Rights to report on and monitor the situation of human rights in Cambodia outlining actions the government should take to comply with its international human rights obligations;
  4. Calls on the EEAS and the Member States to monitor the human rights situation in Cambodia and act in full compliance with the EU Action Plan on Human Rights and Democracy and the EU human rights guidelines; calls on the Commission and the EEAS to assess the need for re-orientation of EU assistance; asks the EU delegation in Phnom Penh and the embassies of the Member States to monitor trials, conduct prison visits, and offer support to civil society and possible protection of people at risk of persecution, including by providing safe haven at embassies, and facilitating entry for asylum or temporary refuge, including by issuing emergency visas;
  5. Welcomes the inclusion in the Commission’s Work Programme for 2021 of a legislative initiative on mandatory human rights and environmental supply chain due diligence legislation; urges the Commission to issue urgent advisories to EU based businesses alerting them to the human rights, reputational, and legal risks of doing business with political leaders and leaders of the security forces responsible for serious human rights violations and the dissolution and subsequent repression of the opposition in Cambodia and with entities owned or controlled by these leaders, but also to support EU based businesses in establishing and intensifying economic ties with companies owned by private civil entities;
  6. Strongly urges EU based businesses to conduct thorough human rights and environmental due diligence, and to ensure they have no ties with political leaders and leaders of the security forces responsible for serious human rights violations and the dissolution and subsequent repression of the opposition in Cambodia, with entities owned or controlled by these leaders, and with entities benefitting from illegal logging and land grabbing; calls on EU based businesses to publicly disclose all relevant information, including the names, addresses, and ownership, on subsidiaries, suppliers and business partners in their value chain within Cambodia;

 

  1. Instructs its President to forward this resolution to the Commission, the Council, the European External Action Service, the governments and parliaments of EU Member States, the Government and National Assembly of the Kingdom of Cambodia, the Secretary-General of ASEAN, the governments and parliaments of the ASEAN countries, the ASEAN Intergovernmental Commission on Human Rights, the UN Special Rapporteur on the situation of human rights in Cambodia, and the UN Human Rights Council.

 

 

Dernière mise à jour: 9 mars 2021Avis juridique - Politique de confidentialité