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UN rights office renews concern after Cambodian Senate adopts law with ‘chilling effect’ on civil society
UN rights office renews concern after Cambodian Senate adopts law with ‘chilling effect’ on civil society
Op-Ed: UN News Centre
24 July 2015 – A draft law adopted today by Cambodia’s legislative wing
Ravina Shamsadani, Spokesperson for the Office of the UN High Commissioner for Human Rights. Photo: UN Multimedia
“threatens the very existence of a free and independent civil society” and the crucial work that non-governmental organizations (NGOs) carry out in the country, the United Nations human rights office has warned.
“The Cambodian Senate has adopted a draft law on associations and non-governmental organizations which falls significantly short of international human rights laws and norms governing the right to freedom of association,” explained Ravina Shamdasani, spokesperson for the Office of the UN High Commissioner for Human Rights (OHCHR) during a press briefing in Geneva.
Already adopted by the National Assembly on 13 July, the law would now have to be examined by the Constitutional Council, she added.
“OHCHR urges the Council to reject the bill, which carried provisions that breached the International Covenant on Civil and Political Rights which Cambodia had ratified and which was recognized in the country’s Constitution.”
Laws like this, Ms. Shamdasani said, allow the authorities to de-register associations that they considered not to be “politically neutral”. This one would give the Government the right to deny registration on ill-defined bases, including if the purpose and goal of the association is perceived to “endanger the security, stability and public order or jeopardize national security, national unity, culture, traditions, and customs of Cambodian national society.”
Cambodia’s Strategic China Alignment
Cambodia’s Strategic China Alignment
The Diplomat
According to conventional wisdom, the international system leaves small states less room for maneuver. Cambodia is no exception. Since the kingdom won its independence from France in 1953, it had been preoccupied with protecting that independence, as well as its sovereignty and territorial integrity. During the Cold War, Cambodian foreign policymakers tried various approaches, from neutrality to alliances with major power(s) and, worst of all, isolationism. Yet Cambodia remained a victim of power politics, and ended up with a civil war and some of the worst atrocities of the 20th century.
Economically, China plays an increasingly important role in the socio-economic development of Cambodia as its primary trading partner, largest source of foreign direct investment, and top provider of development assistance and soft loans. Noticeably, two-way trade between Cambodia and China grew from $2.34 billion in 2012 to around $3.3 billion in 2013. Recently, the two countries agreed to boost their bilateral trade to reach the target of $5 billion by 2017. Similarly, Chinese investment in Cambodia in 2013 rose 65 percent, to $435.82 million compared to $263.59 million in 2012. More importantly, Chinese loans and grants to Cambodia reached $2.7 billion in 2012, making it one of the latter’s largest donors. Moreover, Cambodia will reap enormous benefits from new Chinese initiatives such as the Maritime Silk Road and the Asian Infrastructure Investment Bank.
In geopolitical and strategic terms, Cambodia had been a victim of its location as a country sandwiched between two powerful and historically antagonistic neighbors, Thailand and Vietnam. The history of Cambodia vividly suggests that over the six hundred years following the fall of the Khmer Empire, Thailand and later Vietnam regularly defeated Khmer armies and annexed Khmer territories. The two countries had always attempted to impose their suzerainty over Cambodia. Cambodia’s acceptance of the French protectorate in 1863 was an escape from suzerainty.
The eruption of a border conflict with Thailand from 2008 to 2011 reminded Cambodian leaders that its stronger neighbors remain a security threat to the kingdom’s territorial integrity. It also prompted Cambodian leaders to rethink the Association of Southeast Asian Nations’ (ASEAN) role in maintaining peace and stability in the region. In fact, since becoming a member of ASEAN in 1999, the regional grouping has always been the cornerstone of Cambodia’s foreign policy. Cambodian policymakers were convinced that ASEAN would be a crucial regional platform through which their country could safeguard its sovereignty and territorial integrity as well as promote its strategic and economic interests. However, it seems that Cambodia’s confidence in ASEAN has faded due to the grouping’s ineffective response to the Cambodia-Thailand border dispute.
Policy Platform through the Survey of Asia Foundation
Arguing towards this research finding by Asia Foundation resonates different aspects. While the finding is very crucial for policy maker(s) to determine their policy platform, the finding doesn’t help much in crafting “institution” but it has helped a lot regarding public opinion for political parties. This research (survey) couldn’t avoid from bias and deviation within the nature of population sampling, technicality, and methodology. In a nation-state of democratic principles that consists of two-ways communication: state-people and people-state, this research is purely focusing on people-state channel, thus it is hard to comprehend the effective approach in “capacity building on state-institution”.
I am keep to articulate more in “state-institution” building which importantly relies on the equity of the state-approached and people-approached participation. It is nice to read the lacking of trust of Cambodian people towards the institution with many clauses of recommendation to bringing about trust from the people. But it is a jargon to read lengthy description on people’s bad mentality towards institutional corruption without having people’s self-responsiveness to discourage corruption, for instance “no bribe, no corruption” etc.
Cambodia is lacking nation founding father. Cambodia is fulfilled personal-cult founding fathers. By evidence, founding father have projected long term interest for the nation such as paving strong foundation for Cambodia as a nation-state to having strong institution accounting from neutral media to educate the public, to political parties system of sound balanced government party leadership and opposition party leadership, to building trust in between state and society etc. Now, government leadership party can enjoy all the provisions in term of party’s base of people-networking, media and financial injection, the opposition party is non-available at all in term of state’s funding while the party has wholly relied on generosity and donation in kind from the members. This kind of political system is not existing in civilized democratic countries. And this culture of non-equity political system shall not sustain Cambodia in its long term democratic system at all.
Interestingly, the research didn’t involve itself towards the new political concept and philosophy conundrum of “Culture of Dialogue” at all. It is probably the concept itself is too complicate for the researches design or the researchers missed to add into their questionnaires just one clause or one word “culture of dialogue”. I am keen to see the researches related this to their questionnaires so that “social capital” of “trust” might be enriched among those respondents.
To recap, I copied and pasted the key ideas in here for everyone to digest more. The research is shedding light towards political parties, academia and news outlets. It is hugely benefiting those “think tank” to think about embodying themselves to be “nation founding father”, or at least “to avail themselves for critical thinking” through word of mouth, facebook, blog, workshop, writing to the editor, or other simple sharing etc.
Democracy in Cambodia2014
…the majority of respondents in the 2014 survey said the country is headed in the wrong direction.
…the survey findings suggest the July 2014 agreement was popular on at least two accounts: first, the majority of respondents support a constitutional amendment to provide for a “balanced” National Election Committee; second, the majority of respondents believe that electoral reform should take place before elections.
Political Paradigm of Pragmatism from the Khmer Youth part 23
This part is broadcasted by CMN Radio on June 7-8, 2015 that Mr. Sophan Seng continued to analyse the “Culture of Dialogue” in accordance to Khmer context.
While Cambodia has witnessed some degree of peace but social justice is questionable, the Khmer proverb keeps saying “during the war, the nation needs bravery men; but during the peace, the nation needs educated men”. This context has applied well for Cambodian people, Cambodian youths, and especially those politicians to depart their journey with “knowledge and wisdom” more than “bravery activism”.
With the new investment in using education and wise men to handle with social ills and injustice, the culture of dialogue is very essential to be part of the political means.
To high up to another level, the opposition CNRP is proposed to upgrade itself from activism towards alternative government party by building more capable members within the party as well as to create a shadow government or choose expertise to be ready for government leadership. This party should seek incredible persons who are expertise in Public Servants, Foreign Policy and Diplomacy, Governance System, Economic, Social, Trade, Agriculture, Defense, Tourism, Media, and Education etc.
In the meantime, the Cambodian People’s Party must conduct indept reforms with good political will to bring about social good to the nation. At least, this party must change their view that all those public servants are national manpower, not the party manpower at all. The CPP must stop politicizing those public servants for their political gains, in contrast, the government must implement the civil codes of conduct properly in order to deserve full responsible public servants.