Cambodia: Treatment of Sam Rainsy Party (SRP) members (and Cambodian National Rescue Party members, CNRP) by government authorities (2012-Aug. 2013)
1. Overview
In 2012, Freedom House described the (SRP) as the "main opposition party" in Cambodia (2012). Sources indicate that the SRP merged with the Human Rights Party to form the CNRP (SCMP 28 July 2013; The Economist 3 Aug. 2013; Bangkok Post 2 Aug. 2013). The new party was officially registered with the Cambodian government in October 2012 (Kyodo news 4 Oct. 2012; AFP 3 Oct. 2012).
Sources indicate that Sam Rainsy was the leader of the SRP (Freedom House 2012; Bangkok Post 2 Aug. 2013; SCMP 28 July 2013) and is the leader of the CNRP (AP 20 July 2013; The Guardian 27 July 2013; The Economist 3 Aug. 2013). He went into exile in 2009 to avoid an 11-year prison sentence on charges that he claimed were politically motivated (AP 20 July 2013; RFA 25 July 2013; SCMP 28 July 2013; Toronto Star 27 July 2013). During his absence, his name was removed from the voter registry, making him ineligible to run for office in the July 2013 national elections (Article 19 and CCHR 2013, 7; RFA 22 July 2013). He returned to Cambodia on 19 July 2013 after receiving a royal pardon at the request of Prime Minister Hun Sen (AP 20 July 2013; Xinhua 20 July 2013; SCMP 28 July 2013). Media sources indicate that tens of thousands of supporters [more than 100,000 (Toronto Star 27 July 2013)] welcomed him back at a rally on 19 July in Phnom Penh (AP 20 July 2013; Toronto Star 27 July 2013).
2. Treatment of SRP Members 2012
Media sources report that in June 2012, Cambodia held local elections at the commune level; the ruling party, Hun Sen's Cambodian People's Party (CPP), won 1,593 commune chief posts, while the SRP won 22 (RFA 4 June 2012; Kyodo News 24 June 2012). The SRP won 2,155 of 11,459 commune councilor seats (ibid.; RFA 4 June 2012). The SRP spokesman, as reported by Radio Free Asia (RFA), claimed that there was more intimidation used during the election but less political violence compared to past commune elections (RFA 4 June 2012). The Director of ADHOC, a Cambodian human rights group, also reportedly said that state authorities "had intimidated" voters when they casted their ballots (qtd. in RFA 4 June 2012).
The Committee for Free and Fair Elections in Cambodia (Comfrel), the main election monitor in Cambodia (Phnom Penh Post 5 June 2012), told media sources that the ruling party used civil servants, state media and the armed forces to campaign (ibid.; RFA 4 June 2012). The SRP provincial director of Sihanoukville reportedly expressed concern at the heavy military presence at the polling stations, fearing that this would "intimidate the voters" (RFA 1 June 2012). According to RFA, Comfrel found "at least 100 cases of intimidation, vote-buying, and the destruction of [SRP] party leaflets and logos during the pre-election campaign period" (RFA 4 June 2012). The Comfrel Board of Directors reportedly said that the majority of "political campaign disturbances" were perpetrated by members of the CPP against activists affiliated with the SRP (RFA 1 June 2012).
According to RFA, one activist from the SRP was killed during the lead-up time to the election (RFA 1 June 2012). While it was unproven whether the crime was politically-motivated, Comfrel said that it was likely related to the election (ibid.). According to the Phnom Penh Post, on 2 April 2013 the father of Lam Sophath, an SRP activist and commune candidate, was shot in his home by three men (11 Apr. 2012). The SRP secretary-general appealed to the Minister of Interior by letter to take action against the men responsible and claimed that the killing was an "intimidation tactic" by the ruling party against the SRP prior to the election, which the spokesman for the Interior Minister denied (Phnom Penh Post 11 Apr. 2012).
3. 2013 Elections
3.1 Treatment of SRP Members and Supporters by Authorities
According to the CNRP spokesman, there were at least 15 incidents of political disturbances against CNRP in June 2013, most of which occurred during rallies (RFA 11 June 2013). RFA reports that at a CNRP rally outside Phnom Penh, the CPP staged a counter-demonstration where they surrounded the CNRP demonstrators, blasted their speakers to drown out the CNRP deputy leader's speech, and tried to prevent him from leaving (ibid.).
According to RFA, several NGOs, including the Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC) and Comfrel, issued a statement indicating that in the four weeks leading up to the 28 July 2013 election, that "there were some problematic incidents such as violence, arrests, threats and intimidation to the opposition party supporters" (RFA 25 July 2013). Incidents reportedly included "prohibiting opposition supporters from joining party marches, using threats of civil war in the event of an opposition win, vote buying, destruction of opposition billboards, and unfair access to broadcast media, as well as refusing to allow Sam Rainsy to run" (ibid.).
Media sources report that in the early morning of 20 July 2013, someone fired a bullet into one of the CNRP's main offices in Phnom Penh, breaking the window (Xinhua 20 July 2013; AP 20 July 2013; RFA 22 July 2013). The CNRP party spokesman claimed that "'[t]his attack was orchestrated by those in power'" (AP 20 July 2013).
According to a CNRP party member and former Member of Parliament who was interviewed by the Toronto Star, local officials and police often prevent people from attending CNRP meetings and gunshots have been fired at their political rallies (27 July 2013).
Human Rights Watch reports that Cambodia's security forces are openly campaigning for the CPP and that "the partisanship of the army, police, and gendarmerie has created an intimidating atmosphere for voters in many parts of the country" (Human Rights Watch 22 July 2013). The same source also notes that "[t]he intimidating effect of security force partisanship has been heightened because Hun Sen and CPP campaigners have repeatedly warned that, for various reasons, an opposition election win could result in a 'war' initiated by the CPP to protect national interest" (Human Rights Watch 22 July 2013).
In a joint statement by Amnesty International, Civil Rights Defenders, Freedom House and International Federation for Human Rights (FIDH) calling for the Cambodian government to "respect and protect the rights to freedom of expression, peaceful assembly and association," the human rights groups indicate that there was less violence targeting opposition members than during previous elections (AI et al. 21 July 2013). The same source indicates that as of 21 July 2013, there were no reports of politically-motivated killings leading up to the 28 July 2013 national elections (AI et al. 21 July 2013).
3.2 2013 Election Results
Media sources report that official preliminary results from the 2013 July election indicate that of the 123 parliamentary seats, the CPP has won 68 seats whereas previously they had 90 seats, and the CNRP has won 55 seats, approximately doubling their capacity (Bangkok Post 2 Aug. 2013; The Economist 3 Aug. 2013). Sam Rainsy claims that the CNRP won 63 seats and the CPP 60 seats and has called for an independent investigation (ibid.; Xinhua 6 Aug. 2013; Reuters 6 Aug. 2013). Media sources report that thousands of CNRP supporters rallied on 6 August 2013 to reject the initial election results and to demand an international inquiry into the election results by the UN and NGOs (ibid.; Xinhua 6 Aug. 2013; AP 6 Aug. 2013). In addition, the CNRP claims that more than one million names were missing from the electoral rolls, along with other irregularities (Reuters 6 Aug. 2013; AP 6 Aug. 2013). Based on interviews with residents and ruling party officials, Human Rights Watch found evidence of electoral fraud by the CCP and also called for an independent inquiry (Human Rights Watch 31 July 2013).
Media sources indicate that on 8 August 2013, the Cambodian government deployed army troops in Phnom Penh (Wall Street Journal 9 Aug. 2013; AFP 9 Aug. 2013; VOA 9 Aug. 2013). Government officials claimed that the purpose of the deployment was "'to ensure stability and security'" and "prevent violence at any opposition-led protests against the disputed results of the July 28 election" (Wall Street Journal 9 Aug. 2013). A military spokesperson, who similarly said the action was to "'maintain security and public order'," said that the troops would remain in the capital until the formation of the new government (AFP 9 Aug. 2013). The CNRP spokesperson has reportedly called the deployment of troops as a "threat" and "intimidation" against the people (VOA 9 Aug. 2013; AFP 9 Aug. 2013).
4. Use of Judicial System to Target SRP and CNRP Members
Human rights organizations indicate that Cambodia's judicial system is used to target people who peacefully challenge the government (AI et al. 21 July 2013).
According to the director of Comfrel, there have been "'threats and intimidation against the opposition party'" and the ruling party has filed lawsuits against members of the CNRP (RFA 18 June 2013).
Article 19, a UK-based international organization that promotes the right to freedom of opinion and expression as per Article 19 of the Universal Declaration of Human Rights (n.d.), and the Cambodian Center for Human Rights (CCHR) report of cases in which Sam Rainsy Party parliamentarians have had their parliamentary immunity revoked, making them subject to arrest for speaking out against the government (Article 19 and CCHR 2013, 20). The same source states that "[i]n practice, parliamentary immunity is merely a formality and opposition politicians can easily find themselves in legal difficulties for criticising policies of the leading party" (ibid.).
Mu Sochua, who the Guardian describes as "Cambodia's leading female opposition MP" (27 July 2013), reportedly faced a defamation suit from the Prime Minister for her outspokenness (Guardian 27 July 2013; Article 19 and CCHR 2013, 20). According to Article 19 and CCHR, she lost the defamation suit and was required to pay a fine, which was deducted from her parliamentary salary (2013, 20). She had her parliamentarian immunity revoked in 2009 but reinstated in 2012 (Article 19 and CCHR 2013, 20). She reportedly told Article 19 that "suspicious incidents" had taken place causing her to believe that she is "under frequent surveillance" by authorities (Article 19 and CCHR 2013, 20).
On 5 June 2013, the members in the National Assembly from the SRP and HRP were stripped of their parliamentary status and their salaries because they formed a new party (Article 19 June 2013).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Agence France-Presse (AFP). 9 August 2013. "Cambodia Deploys Armoured Vehicles, Troops in Capital." (Factiva)
_____. 3 October 2012. "Cambodian Parties team Up to Fight PM Hun Sen." (Factiva)
Amnesty International (AI), Civil Rights Defenders, Freedom House and International Federation for Human Rights. 21 July 2013. "Cambodia: Respect Freedom of Expression as Elections Approach." <http://www.amnesty.org/en/library/asset/ASA23/005/2013/en/cd45b8b5-a48a-409f-b483-71a1f7da9c1d/asa230052013en.pdf> [Accessed 2 Aug. 2013]
Article 19. June 2013. Cambodia: Law Against Non-Recognition of the Crimes Committed During Democratic Kampuchea. <http://www.article19.org/data/files/medialibrary/37127/13-06-27-cambodia-LA.pdf> [Accessed 2 Aug. 2013]
_____. N.d. "Who We Are." <http://www.article19.org/pages/en/who-we-are.html> [Accessed 8 Aug. 2013]
Article 19 and Cambodian Center for Human Rights (CCHR). 2013. Defending the Defenders: Security for Cambodian Human Rights Defenders. <http://www.article19.org/data/files/medialibrary/37113/13-06-19-CR-cambodia.pdf> [Accessed 2 Aug. 2013]
Associated Press (AP). 6 August 2013. Sopheng Cheang. "Cambodia Opposition Leader Calls for Street Protest if Election Probe Demands are not Met." (Factiva)
_____. 20 July 2013. Sopheng Cheang. "Shot Fired at Cambodian Opposition Office After Exuberant Return of Exiled Party Leader." (Factiva)
Bangkok Post. 2 August 2013. Thitinan Pongsudhirak. "Politics--Election in Little Cambodia has Bigger Implications." (Factiva)
The Economist. 3 August 2013. "Elections in Cambodia: The Humbling of Hun Sen." (Factiva)
Freedom House. 2012. "Cambodia." Countries at the Crossroads. <http://www.freedomhouse.org/report/countries-crossroads/2012/cambodia> [Accessed 2 Aug. 2013]
The Guardian. 27 July 2013. Kate Hodal. "Cambodian Opposition Power Figure Mu Sochua Relishes Election Fight." (Factiva)
Human Rights Watch. 31 July 2013. "Cambodia: Ruling Party Orchastrated Vote Fraud." <http://www.hrw.org/news/2013/07/31/cambodia-ruling-party-orchestrated-vote-fraud> [Accessed 7 Aug. 2013]
_____. 22 July 2013. "Cambodia: Army, Police Campaign for Ruling Party." <http://www.hrw.org/news/2013/07/22/cambodia-army-police-campaign-ruling-party> [Accessed 7 Aug. 2013]
Kyodo News. 4 October 2012. Puy Kea. "Sam Rainsy Leads New Opposition Party in Cambodia." (Factiva)
_____. 24 June 2012. "Cambodia's Ruling Party Wins Local Elections." (Factiva)
Phnom Penh Post. 5 June 2012. Joseph Freeman and Vong Sokheng. "Monitor Scrutinises Poll of Irregularities." (Factiva)
_____. 11 April 2012. Meas Sokchea. "Call for Action: Killers of Candidate's Dad Sought." (Factiva)
Radio Free Asia (RFA). 25 July 2013. "Cambodia's Opposition Leader Runs Out of Options to Contest Polls." <http://www.rfa.org/english/news/cambodia/rejections-07252013164156.html> [Accessed 6 Aug. 2013]
_____. 22 July 2013. "Cambodia's Election Panel Rejects Sam Rainsy Request to Contest Polls." <http://www.rfa.org/english/news/cambodia/rejection-07222013182201.html> [Accessed 6 Aug. 2013]
_____. 18 June 2013. "Cambodian Opposition Threatens to Reject Election Results." <http://www.rfa.org/english/news/cambodia/election-06182013183105.html?searchterm=Cambodian+Opposition+threatens+to+reject+election+results> [Accessed 6 Aug. 2013]
_____. 11 June 2013. "Cambodia Opposition Party's Campaign Rallies Disrupted." <http://www.rfa.org/english/news/cambodia/cnrp-06112013182204.html?searchterm=cambodia+opposition+party%27s+campaign+rallies+disrupted> [Accessed 6 Aug. 2013]
_____. 4 June 2012. "Another Win for Ruling Party." <http://www.rfa.org/english/news/cambodia/election-06042012170313.html?searchterm=Cambodia%27s+ruling+party+scored+a+landslide+victory> [Accessed 6 Aug. 2013]
_____. 1 June 2012. "Commune Polls Marred by Irregularities." <http://www.rfa.org/english/news/cambodia/election-06012012190156.html?searchterm=Cambodia%27s+weekend+commune+vote> [Accessed 6 Aug. 2013]
Reuters. 6 August 2013. "Thousands Protest in Cambodia as Opposition Rejects Poll Results." (Factiva)
South China Morning Post (SCMP). 28 July 2013. David Eimer. "Return Heralds Last Hurrah for Yesterday's Man; Sam Rainsy's Rousing Welcome Home to Cambodia after Exile Spiced up Today's Poll but He Represents Little More than a Yearning for Change." (Factiva)
Toronto Star. 27 July 2013. Daniel Otis. "'Freedom Doesn't Come Easy - It's Worth Suffering for'." (Factiva)
Voice of America (VOA). 9 August 2013. "Cambodia Opposition Calls Troop Deployment 'Intimidation'." (Factiva)
Wall Street Journal. 9 August 2013. Chun Han Wong. "Cambodian Government Deploys Troops Amid Election Dispute." (Factiva)
Xinhua News Agency. 7 August 2013. "Bomb Explodes in Cambodian Capital, Causes no Injury." (Factiva)
_____. 20 July 2013. "Unidentified Gunman Fires at Cambodian Opposition Party Office." (Factiva)
Additional Sources Consulted
Internet sites, including: Asian Human Rights Commission; Cambodia National Rescue Party; Cambodian Center for Human Rights; Cambodian Human Rights and Development Association; Cambodian League for the Promotion and Defense of Human Rights; ecoi.net; Factiva; International Crisis Group; International Federation for Human Rights; Political Handbook of the World 2012; Sam Rainsy Party; UN – IRIN, Office of the High Commissioner for Human Rights, Refworld; United States – Department of State.