The second Cambodian development cooperation forum

STATEMENT
FOR

THE SECOND CAMBODIAN DEVELOPMENT COOPERATION FORUM
(DECEMBER 3-5, 2008)

FROM THE SAM RAINSY PARTY

December 3, 2008

The high level meetings between the Royal Government of Cambodia and its development partners to be conducted during the 2^nd Cambodian Development Cooperation Forum (CDCF) comes at a very critical moment as Cambodia, like other countries in the world, is facing the impact of the world economic crisis. This 2^nd CDCF also comes at a time when democracy in Cambodia is further eroding following the 2008 parliamentarian election, much criticized by local and international observers for falling short of international standards.

1/ PARLIAMENTARY REFORMS: PROMOTION OF THE CONCEPT OF THE OPPOSTION, THE RIGHTS OF THE MINORITY

Only with the political will and determination to adhere to the principles of the separation of powers and with the recognition of the roles and functions of The Minority can the Cambodian Legislature function properly as a body in which democratic principles can begin to take roots. Formal recognition of the role and functions of The Minority ought to bring the provision of an adequate budget and resources in order to function independently and to serve as a check and balance within the Legislature.

The Minority welcomes training programs aiming at enhancing the knowledge and performance of elected Members of Parliament so long as this valuable technical assistance can lead to a true democratization process, is not used as mere ceremonial events and can help in decreasing the rubber stamping role of the National Assembly.

The Minority values the roles played by bilateral, multilateral donors and NGOs in helping Cambodia in its transition to democracy, but it considers that the marginalization of The Minority can only further prolong the current status quo and the anti-democratic culture of “winner takes all”.

2/ ADOPTION OF THE ANTI-CORRUPTION LAW

The Minority urges that public hearings be conducted, as a practice adopted in democratic countries, in order for the people of Cambodia to air their views on the type of anti-corruption law they wish to have adopted. It must be noted that good practices are available from neighboring countries that have demonstrated political will and determination to tackle corruption. The Minority is in agreement with donors and NGOs that there should be no reasons to link the passage of this law with the adoption of the draft Penal Code. The Minority is also in agreement with development partners in encouraging the RGC to become party to the United Nations Convention Against Corruption (UNCAC). Cambodia should join the global community in the fight against the improper benefiting of a small group of officials and their business allies at the expense of the majority of citizens. This hinders progress and growth, contrary to the basic development goals agreed upon by all major stakeholders.

3/ LOCAL GOVERNANCE AND PROBLEMS OF DECENTRALIZATION

The lack of mechanism to monitor the processes of local democratization which should allow for a full “co-operation between commune councils and other stakeholders for more effective and responsive local governance policies and greater local ownership, participation, civic engagement, and implementation of pro-poor inter-commune projects”* has left the control of power in the hands of the local authorities who act according to the interests and order of the party in power. The indirect election of village chiefs, whose preponderant influence on the daily lives of the people has added more force to the CPP local machinery, is further excluding people from the processes of local governance. The recent protests and complaints filed by villagers who should be beneficiaries of the Asian Development Bank distribution of food is a full result of a system of power of the CPP-dominated machinery at the local level that determine and control donor projects. By violating the law on decentralization, local authorities block democracy at the grassroots level, allowing more and more irregularities to occur. The Cambodian government and the international donor community should both abandon their ineffective piecemeal approach and start to solve problems from a comprehensive perspective by meeting conditions that are prerequisites of good governance: effective law enactment, effective decentralization and effective democracy at the grassroots levels.

The Minority calls on the Ministry of Interior to ensure that its directives for the replacement of commune councilors replaced by their party be strictly implemented. Up to date more than half of the Sam Rainsy Party requests to replace its elected commune councilors have been ignored. The Minority also calls on the Courts to immediately release commune chiefs and councilors of the Sam Rainsy Party wrongly accused and detained prior to the 2008 elections as such detentions are groundless and politically motivated.

4/ IMPLEMENTATION OF THE LAND LAW: GROSS VIOLATIONS OF HUMAN RIGHTS

According to Amnesty International and reports from local human rights organizations involved in monitoring land reforms, forced evictions are driving 80,000 urban poor from their homes. Once removed from their homes, these victims of land grabbing and forced evictions are moved away from their daily livelihoods to distant areas where food, shelter and health care are almost non-existent. Land grabbing by local and high ranking government officials and the practice of economic land concessions to private companies threatened the daily existence of around 150,000 rural villagers in 2008 alone. The Minority acknowledges with full respect and support the work of local human rights organizations and local leaders who took very courageous steps to protect their land and their community forests despite facing threats, intimidation, detention and even death.

*World Bank document on Decentralization

The Minority calls on the government and the courts to take the following immediate measures in dealing with land issues:

1/ use evictions as a last resort, only following adequate notice and consultation with those affected.

2/ declare a moratorium for all mass evictions until legislative and policy measures are in place to ensure that evictions are conducted only in full compliance with international human rights laws and standards.

3/ investigate cases where excessive force were used and bring those responsible to justice;

4/ immediately release villagers who have been wrongly detained for protesting against illegal eviction;

5/ immediately stop the targeting and harassment of human rights defenders, and ensure that full protection is provided for their safety when on duty;

6/ stop the issuance of orders from provincial and national authorities that overrule the decisions of the Court or initiatives taken by villagers to protect community land or other natural resources.

During the two days of high level deliberations, The Minority calls on the government, donors and key development partners to: 1/ strictly use the Joint Monitoring Indicators(JMI) which are agreed tools to measure progress in the implementation of strategy for growth; 2/ take concrete measures to stop grave violations of Cambodia’s laws and serious violations of human rights; and 3/ take further steps towards strengthening a true system of checks and balances to uphold democratic principles.