CAMBODIA ROLLING BACK THE GAINS OF DEMOCRACY

Feb 16, 2015

Written by  Akshan deAlwis, UN Correspondent

Cambodian democracy is once again under assault. On January 9th, the leaders in Cambodia’s ruling party announced to opposition leaders of their proposal to limit campaign rallies. Political parties throughout the nation would be restricted to just two days of rallies during an election campaign. While this is a violation of the cardinal civil right to assembly, it’s sadly only the most recent attempt by Cambodia’s government to rollback the evolution of democracy in the Southeast Asian nation.

The ruling party, the Cambodian People’s Party (CCP), has held a grip on Cambodian politics since 1979, making it one of the longest ruling parties in the world. Leading this party is Hun Sen, who has been Prime Minister of Cambodia for more than 25 years. While Cambodia maintains a facade of democracy, it’s clear that the CCP has established an authoritative state built around a highly centralized government willing to manipulate the law to keep power.

While reports of Hun Sen’s civil rights violations are not particularly new, the latest setbacks come after recent hopes for an opening up of Cambodia’s political sphere.

During the general elections in July 2013, the CCP saw its worst performance in over a decade. The Cambodia National Rescue Party (CNRP) led by Sam Rainsy managed to capture 55 seats out of the 123 possible in Parliament. However, it was clear from the onset that the elections would be flawed and post-elections Human Rights Watch published reports confirming election fraud committed by government officials.

Unwilling to let go of its grip on power, CNRP boycotted the National Assembly for 10 months, claiming that the party had won at least 63 seats. The boycott and resulting political tensions climaxed in July of last year, when government forces cracked down on protesters in Phnom Penh’s Freedom Park, leaving four dead. With the nation in crisis, the government reached out to the opposition party, offering to work cooperatively on reform as a compromise.

Some of the early signs were good, with significant victories being carved out for the CNRP. A House Minority Leader position was created, allowing the opposition a leadership position on par with Hun Sen. An anti-corruption committee was created, chaired by an opposition member, and at least half of the committees in the assembly were to be chaired by the CNRP. Sam Rainsy, who spent three years living in self-imposed exile and who was barred from running in the general elections, was given a seat in Parliament. It seemed that despite the bloodshed and confusion that gripped the nation during July of 2014, the aftermath of this chaos could likely spell a new future for the nation.

However, these hopeful signs turned out to be nothing more than smoke and mirrors. The new positions in parliament have been nothing more than sleight of hand, giving no new power to the opposition. Also, after the slew of concessions following the protests of 2014, the government has slowly been regaining control by implementing corrupt legal practices to muzzle the opposition.

A basic fundamental of an open government is independent institutions. Currently, the judiciary branch is under the thumb of Prime Minister Hun Sen. Despite constitutional affirmations of judicial independence; the courts are politicized and uphold a culture of impunity. The rot in the judicial system is a significant impediment to political reform in the country. There has been little progress in the prosecution of those responsible for excessive force against peaceful protesters last July that led to a number of causalities and injuries.

Transparency International Cambodia’s first National Integrity System (NIS) assessment reported in September that Cambodia’s judiciary is the “ weakest link” in Cambodia’s integrity system. Reform is a difficult process, especially when a powerful government unwilling to share power stymies it. However, what is more dangerous is a judiciary that legitimizes corrupt practices and a government that hides behind inconsequential reforms.

Just before the turn of the New Year, the government began the trials of 11 opposition members and supporters, using invidious charges of leading an insurrection movement. Moreover, opposition members of parliament were kicked out the courtroom and threatened with similar charges of insurrection.

Even the changes in the National Assembly seem tenuous. One of the new positions created in the agreement forged between the government and opposition was a second vice president in the National Assembly. A CNRP member would occupy the first vice president position, and a CPP member would step down to the second vice president role. However, during the first day of parliament following the institution of this new Assembly procedure, the outgoing vice president from the CPP refused to leave his seat for the incoming CNRP member. Hun Sen was forced to order the recalcitrant member of his party to give up the seat in order for the new procedures to continue. While ultimately a minor incident, it’s a subtle sign of the CPP’s reluctance to allow for change in the nation. It’s an alarming window into the “strongman” nature of Cambodian politics.

The CNRP has not yet responded to the new campaign proposals, quickly adjourning the reform talks and announcing that they would need time to “digest” the new plan. It’s clear that this potential policy would gift a major advantage to the dominant parties of the country, and could swing the political momentum back in the favor of the government. Small parties would be affected the worst by this change, reducing the possible time to garner votes.

Hun Sen recently allowed for Cambodia's Prince Norodom Ranariddh to return for the country, letting him revive the wilting Funcinpec Royalist Party. It’s a move designed to draw away support from the CNRP as the 2018 general elections approach. Experts predict these new elections will be the most hotly contested elections in Cambodian history; they will most likely be the fulcrum of Cambodia’s political future.

Over the past few years I’ve worked with the Cambodian former Minister and current Member of Parliament Mu Sochua, who has been honored globally and was vital in the creation of the Prevention of Domestic Violence Bill. She was arrested and imprisoned for a week during the July protests of 2014, and is a central figure of grassroots advocacy within the CNRP. She told me that in Cambodia, “the fight for freedom must never die. We defy any order that goes against the freedom guaranteed in the constitution. Our future lies in not just political stability, but in justice and rights for the people.”

Photo by Wikipedia CC.