Masahiro Tauchi, Advisor, DEVNET JAPAN – Former Ambassador of Japan to Norway
Cambodia is a country that our country has supported with PKO dispatches to build a peaceful and democratic nation from the quagmire of civil war. The 1991 Paris Peace Agreements stipulated principles to be incorporated into Cambodia’s new constitution, such as the adoption of a free democratic system based on a multi-party system, the implementation of regular elections, the establishment of an independent judiciary, and the adoption of a constitution by a two-thirds majority of constitutional assembly members. As a result, Cambodia was able to realize a democratic state based on a multi-party system.
Initially, national reconstruction began under a dual prime minister system reflecting the civil war era, but in 1997, armed clashes broke out between the FUNCINPEC Party and the People’s Party (July Incident), and Prime Minister Ranariddh was ousted. Prime Minister Hun Sen of the People’s Party took control, and as the Hun Sen administration became prolonged, personal rule by Prime Minister Hun Sen intensified from the 2010s onward, and authoritarianism was strengthened.
Originally, the previous name of the People’s Party was the People’s Revolutionary Party, which overthrew the Pol Pot regime and established a one-party dictatorship. Although it abandoned Marxism-Leninism and changed its name to the People’s Party, it maintained its organizational principle of democratic centralism and had the potential to become authoritarian. The People’s Party monopolized state media and conducted political propaganda that all forces opposed to the party were threats to the existence of the state and its people, justifying violence and intimidation against opposition parties[1].
In the 2013 general election, when Cambodia National Rescue Party (CNRP) led by Sam Rainsy and Kem Sokha made significant gains by winning 55 seats on a platform of addressing political corruption and economic inequality, Sam Rainsy fled abroad in November 2015 to avoid arrest (later, on 1 March 2021, a local court in Phnom Penh sentenced nine executives including Sam Rainsy to 25-20 years in prison in absentia for attempting to overthrow the government when they tried to return to Cambodia from exile in 2019. In addition, on 19 October 2022, a court in Phnom Penh sentenced Sam Rainsy to life imprisonment while in exile for “attempting to transfer all or part of the country’s territory to foreign organizations” [2]).
Kem Sokha, who succeeded as party leader, was suddenly arrested on suspicion of treason in September 2017 and was indicted for treason for “stating that he had been carrying out a national reform plan with advice from countries such as the United States while overseas in 2013.[3]” Hun Sen warned that “if you continue to defend party leaders who have been charged with crimes, dissolution is possible,” but two months later, in November 2017, the Supreme Court under government control led by Chief Justice who was a member of CPP’s Central Committee accepted Prime Minister Hun Sen’s claim that CNRP was involved in a plot to overthrow the government and dissolved CNRP.
The People’s Party, which forced CNRP into dissolution as the largest opposition party, won all 125 seats in the lower house general election in 2018 and became a “one-party dictatorship.[4]” The People’s Party has placed all state institutions under its control including National Assembly, National Army, National Police Force, Supreme Court, Constitutional Council and National Election Commission[5].
Kem Sokha’s arrest and prosecution are widely seen as politically motivated and have been criticized by Western countries, human rights groups and UN experts. Human rights groups claim that only evidence presented as evidence of suspicion is video footage of Sokha’s speech in Australia in 2013. In this speech Sokha argued that he had only been conducting peaceful movements aimed at democratic change in Cambodia[6]. On 12 February 2020, European Commission announced that it would partially revoke trade preferences for Cambodia because freedom of political activity and workers’ rights were not being protected and there were “systematic and serious human rights violations”. Furthermore, in March 2022 EU called on international community to “apply pressure and take public action to provide protection for activists and human rights defenders”, and passed resolution mentioning that Sokha had been deprived of his basic right to political participation through trial[7].
Kem Sokha, the leader of the opposition party, was found guilty of treason by a Cambodian court in March 2023 and sentenced to 27 years of house arrest. On 3 March of the same year, the US Embassy in Cambodia issued a statement condemning the verdict as “a politically motivated trial based on fabricated conspiracies and a process to silence Kem Sokha.” W. Patrick Murphy, US Ambassador to Cambodia, pointed out that it was a miscarriage of justice and said, “We call on the authorities to allow all Cambodians to enjoy the universal human right to peaceful assembly and freedom of expression, and to participate in building a true democratic system.[8]”
UN experts on Cambodia also pointed out that “the treason charges against Sokha are politically motivated and form part of a larger pattern of legal abuse targeting political opponents and government critics.[9]” Japanese international political scientist also criticized it as “a blatant example of ‘rule by law’ by the Cambodian government, which uses the judiciary for political purposes.[10]”
Nevertheless, in the local council (parliament) election in June last year, the Candlelight Party (CLP), which follows the flow of the opposition party CNRP, won 22.3% of the vote, second only to the People’s Party. Since CLP has become the most feared presence for the government, surveillance and wiretapping by authorities have become commonplace. And in May this year, the Election Commission decided not to allow participation of CLP in the general election due to deficiencies in documents[11]. The government and ruling party not only closed off CLP’s path to participate in elections but also conducted surveillance and wiretapping on activists and supporters on a daily basis. The coercion of supporters to switch parties to the People’s Party continues. Offering money or food as a reward for joining the party is “routine”, with even village chiefs affiliated with the People’s Party soliciting members and threatening those who refuse with “putting them in jail,” while in poor households there are cases where public support is suspended. The government responds with detention to activists who continue to resist. A CLP activist from the same state who called for a boycott of the general election over the phone was detained. Vice-Chairman Son Chai was convicted of defamation and Vice-Chairman Tach Seta was arrested. According to human rights groups, there have been successive incidents of CLP-related people being beaten on the streets in Phnom Penh[12].
In addition, on 13 February 2023, Hun Sen administration announced that it would revoke business license of independent media “Voice of Democracy (VOD)”. As a result, VOD was effectively forced to disband. VOD had been questioned by authorities over its reporting on abuse of power by Hun Sen’s son whom he had appointed as his successor and its license was revoked[13].
Behind these restrictions on free activities for citizens and violations of citizens’ rights by People’s Party’s one-party dictatorship lies party platform that adopts democratic centralism and further behind that lies presence of China that aligns itself with dictatorial states. Within Cambodia highways and airports are being built one after another with Chinese investment and renovation work is being carried out at Ream Naval Base in southern part with Chinese aid. Diplomatic sources point out that “Western countries are critical of Cambodia’s political system and do not hesitate to impose sanctions but China provides support easily.”
On 23 July 2023, Cambodian lower house election was held and ruling Cambodian People’s Party officials revealed based on their own calculations that they won overwhelming victory securing around 120 seats out of 125 seats. In response the spokesperson for US State Department expressed concern stating that election was “neither free nor fair” pointing out that “authorities threatened and harassed opposition parties, media and civil society before election, damaging spirit of country’s constitution and responsibility towards international community.” US government announced temporary suspension of some foreign aid programs and restriction on visa issuance for individuals who undermined democracy. It appealed that for Cambodia to improve its international status it needs to restore true democracy based on multiple parties, stop trials based on political motives, cancel guilty verdicts against anti-government factions and allow independent media to operate without interference[14].
Prime Minister Hun Sen had previously appointed his eldest son Hun Manet (45) as his successor and on 22 August 2023, Cambodian Parliament elected Hun Manet as successor overwhelmingly supported by parliament dominated by ruling CPP. New cabinet was inaugurated in August 2023 hereditary politics began in Cambodia.
Elections subject to such serious manipulation cannot meet requirements for free and fair elections cannot be called democratic elections. UN High Commissioner for Human Rights Volker Türk said “Cambodia has been shrinking its democratic space in recent years undermining basic freedoms and right to participate in public affairs is cause for concern. Opposition parties, activists and media personnel face numerous restrictions and retaliation intended to suppress political activity and hinder exercise of basic freedoms essential for free full participatory elections. I call on government to address shortcomings rectify deficiencies, engage in dialogue with all political forces civil society stakeholders and create effective inclusive civic space for all Cambodians.”
Rule of law is about checking arbitrary exercise of power so if judiciary is used to oppress citizens, it goes against “adoption of free democratic system based on multi-party system, implementation of regular elections, and establishment of independent judiciary” promised in Paris Peace Agreement. Japan which played major role in nation building of post-civil war of Cambodia, wished for Cambodia to become democratic nation. International community should continue to be concerned about decline of democracy in Cambodia and continue to demand democratization of Cambodia.
[1] Looking back at Cambodia’s regime transition from the 30th anniversary of the Paris Peace Agreement https://www.ide.go.jp/Japanese/IDEsquare/Eyes/2021/ISQ202120_029.html
[2] Nikkei, https://www.nikkei.com/article/DGXZQOGM19DPE0Z11C22A0000000/
[3] Sankei, https://www.sankei.com/article/20170912-W56UMMFZIFKDPNJTFBFMOGXYG4/
[4] Asahi digital, https://digital.asahi.com/articles/ASP3L31MJP3FUHBI02J.html
[5] Ibid.
[6] Human Rights Watch, https://www.hrw.org/ja/news/2023/03/04/cambodia-opposition-leader-convicted-bogus-charges
[7] Ibid.
[8] REUTERS, https://jp.reuters.com/article/cambodia-politics-idJPKBN2V50AF
[9] PRESS RELEASES Cambodia: UN experts condemn verdict against opposition leader Kem Sokha,08 March 2023
[10] Maiko Ichihara, Asahi digital comment plus, https://digital.asahi.com/articles/ASR3353R7R33UHBI019.html
[11] Nikkei, https://www.nikkei.com/article/DGXZQODK244LT0U3A720C2000000/
[12] Yomiuri Online, https://www.yomiuri.co.jp/world/20230623-OYT1T50381/
[13] Asahi digital, https://digital.asahi.com/articles/ASR2G0QJDR2FUHBI04G.html
[14] Reuters, https://jp.reuters.com/article/cambodia-election-usa-idJPKBN2Z402A