[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 279 Reported in Senate (RS)]
<DOC>
Calendar No. 257
115th CONGRESS
1st Session
S. RES. 279
Reaffirming the commitment of the United States to promote democracy,
human rights, and the rule of law in Cambodia.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 3, 2017
Mr. McCain (for himself, Mr. Durbin, and Mr. Rubio) submitted the
following resolution; which was referred to the Committee on Foreign
Relations
November 1, 2017
Reported by Mr. Corker, with an amendment and an amendment to the
preamble
[Strike out all after the resolving clause and insert the part printed
in italic]
[Strike the preamble and insert the part printed in italic]
_______________________________________________________________________
RESOLUTION
Reaffirming the commitment of the United States to promote democracy,
human rights, and the rule of law in Cambodia.
Whereas Prime Minister Hun Sen has been in power in Cambodia since 1985 and is
the longest-serving leader in Southeast Asia;
Whereas the Paris Peace Accords in 1991 provided a vital framework, supported by
the international community, intended to help Cambodia undertake a
transition to democracy, including through elections and multiparty
government;
Whereas the United States Government, for more than 25 years, has provided
hundreds of millions of dollars in development aid and other types of
assistance to the people of Cambodia and funded work in areas including
civil society, capacity building for nongovernmental organizations
(NGOs), global health, and the Khmer Rouge Tribunal;
Whereas, despite decades of international attention and assistance to promote a
pluralistic, multi-party democratic system in Cambodia, the Government
of Cambodia continues to be undemocratically dominated by the ruling
Cambodia People's Party (CPP), which controls every agency and security
apparatus of the state;
Whereas the leadership of Cambodia's security forces, including all of its top
military and police commanders, sit on the Central Committee of the
politburo of the CPP;
Whereas the CPP controls Cambodia's parliament and can pass legislation without
any opposition, and has often passed laws that benefit its rule and
weaken the capacity of the opposition to challenge it;
Whereas each of the five elections that have taken place in Cambodia since 1991
were not conducted in circumstances that were free and fair, and each
were marked by fraud, intimidation, violence, and the government's
misuse of legal mechanisms to weaken opposition candidates and parties;
Whereas, in 2015, the CPP-controlled parliament passed the ``Law on Associations
and Non-Governmental Organizations'', known as LANGO, which gave the
government sweeping powers to revoke the registration of NGOs found to
be operating with a political bias in a blatant attempt to restrict the
legitimate work of civil society;
Whereas, since the passage of LANGO, the Interior Ministry has announced that it
was surveilling several civil society organizations and their employees
for allegedly aiding Cambodia's opposition party, the Cambodia National
Rescue Party (CNRP);
Whereas both the National Democratic Institute (NDI) and the International
Republican Institute (IRI) have a long history in Cambodia, engaging
local partners and building capacity for civil society, democracy, and
good governance;
Whereas, on August 23, 2017, Cambodia's Ministry of Foreign Affairs ordered the
closure of NDI and the expulsion of its foreign staff on allegations
that it had violated LANGO and was conspiring against Prime Minister Hun
Sen;
Whereas, on September 15, 2017, Prime Minister Hun Sen called for the withdrawal
of all volunteers from the United States Peace Corps, which has operated
in Cambodia since 2006 with 500 United States volunteers providing
English language and healthcare training;
Whereas the Government of Cambodia in 2016 arrested four senior staff members of
the Cambodian Human Rights and Development Association (ADHOC), as well
as a former ADHOC staff member and official on the National Election
Committee (NEC), and held them in pre-trial detention for 427 days until
released on bail on June 29, 2017, in the wake of sustained
international pressure;
Whereas the Government of Cambodia arrested activist and women's rights defender
Tep Vanny in August 2016 and has kept her in prison for over a year;
Whereas the prominent Cambodian political commentator Kem Ley was assassinated
on July 10, 2016, five days after a senior Cambodian general publicly
called on the Cambodian Armed Forces to ``eliminate and dispose of''
anyone ``fomenting social turmoil'' in Cambodia;
Whereas Kem Ley had been a frequent critic of Prime Minister Hun Sen, fueling
concerns that his killing was politically motivated and ordered by
higher authorities;
Whereas the Government of Cambodia has taken several measures to restrict its
media environment, including imposing a tax bill amounting to millions
of dollars levied against independent media outlets that resulted in the
closure of independent newspaper The Cambodian Daily in early September
2017;
Whereas the Government of Cambodia has ordered several radio stations to stop
the broadcasting of Radio Free Asia and Voice of America;
Whereas the next general election in Cambodia is scheduled for July 29, 2018,
and the CPP continues to use intimidation and misuse of legal mechanisms
to weaken political opposition and media organizations in order to
retain its power;
Whereas the Cambodian parliament in 2017 passed two repressive amendments to
Cambodia's Law on Political Parties that allow authorities to dissolve
political parties and ban party leaders from political activity, and
which contain numerous restrictions tailored to create obstacles for
opposition parties in an attempt to maintain the CPP's hold on power;
Whereas Kem Sokha, the President of CNRP, was arrested on September 3, 2017, and
charged with treason and conspiring with the United States Government to
overthrow the Government of Cambodia, and if convicted faces up to 30
years in prison, which sets the stage for the CNRP to be dissolved;
Whereas the United States Embassy in Cambodia has publicly called for the
immediate release of Mr. Sokha and the removal of restrictions on civil
society;
Whereas the CNRP's previous leader, Sam Rainsy, remains in exile due to an
outstanding warrant for his arrest in a politically motivated criminal
case;
Whereas Human Rights Watch reported that local elections held in Cambodia on
June 4, 2017, took place in a ``threatening environment hostile to free
speech and genuine political participation, leading to elections that
were neither free nor fair'';
Whereas international election monitoring groups reported fundamental flaws in
the electoral process and violations of Cambodia's election campaign
rules during June's local election;
Whereas the Interior Ministry of Cambodia demanded that two election-monitoring
organizations cease their activities just months after the local
elections for allegedly violating the LANGO law, which will allow the
CPP to continue to increase restrictions on election monitoring as the
2018 national elections approach;
Whereas, despite irregularities in the electoral process, the CNRP made
significant gains in local elections compared to previous cycles, making
clear that national elections in 2018, if they are conducted freely and
fairly, will be tightly contested;
Whereas national elections in 2018 will be closely watched to ensure openness
and fairness, and to monitor whether all political parties and civil
society groups are allowed to freely participate;
Whereas, on September 7, 2017, the Committee on Appropriations of the Senate
reported out the fiscal year 2018 appropriations bill for the Department
of State and foreign operations (S. 1780), which restricted any funds to
the central Government of Cambodia unless it has ``ceased efforts to
intimidate civil society and the political opposition in Cambodia, is
credibly investigating the murder of social and political activists''
and ``is supporting the conduct of free and fair elections in Cambodia
through a non-partisan election commission; fair election processes;
open and inclusive participation, to include the return of exiled former
opposition leaders and the release of jailed opposition leaders and
civil society activists; respect for freedoms of assembly, speech, and
the press, and credible post-election dispute resolution mechanism'';
and
Whereas S. 1780 also includes language addressing the ``inadmissibility of
Cambodia officials who undermine democracy in Cambodia'': Now,
therefore, be it
Whereas Prime Minister Hun Sen has been in power in Cambodia since 1985 and is
the longest-serving leader in Southeast Asia;
Whereas the Paris Peace Accords in 1991 provided a vital framework, supported by
the international community, intended to help Cambodia undertake a
transition to democracy, including through elections and multiparty
government;
Whereas the United States Government, for more than 25 years, has provided
hundreds of millions of dollars in development aid and other types of
assistance to the people of Cambodia and funded work in areas including
civil society, capacity building for nongovernmental organizations
(NGOs), global health, and the Khmer Rouge Tribunal;
Whereas, despite decades of international attention and assistance to promote a
pluralistic, multi-party democratic system in Cambodia, the Government
of Cambodia continues to be undemocratically dominated by the ruling
Cambodia People's Party (CPP), which controls every agency and security
apparatus of the state;
Whereas the leadership of Cambodia's security forces, including all of its top
military and police commanders, sit on the Central Committee of the
Politburo of the CPP;
Whereas the CPP controls Cambodia's parliament and can pass legislation without
any opposition, and has often passed laws that benefit its rule and
weaken the capacity of the opposition to challenge it;
Whereas each of the five elections that have taken place in Cambodia since 1991
were not conducted in circumstances that were free and fair, and each
were marked by fraud, intimidation, violence, and the government's
misuse of legal mechanisms to weaken opposition candidates and parties;
Whereas, in 2015, the CPP-controlled parliament passed the ``Law on Associations
and Non-Governmental Organizations'', known as LANGO, which gave the
government sweeping powers to revoke the registration of NGOs found to
be operating with a political bias in a blatant attempt to restrict the
legitimate work of civil society;
Whereas, since the passage of LANGO, the Interior Ministry has announced that it
was surveilling several civil society organizations and their employees
for allegedly aiding Cambodia's opposition party, the Cambodia National
Rescue Party (CNRP);
Whereas both the National Democratic Institute (NDI) and the International
Republican Institute (IRI) have a long history in Cambodia, engaging
local partners and building capacity for civil society, democracy, and
good governance;
Whereas, on August 23, 2017, Cambodia's Ministry of Foreign Affairs ordered the
closure of NDI and the expulsion of its foreign staff on allegations
that it had violated LANGO and was conspiring against Prime Minister Hun
Sen;
Whereas, on September 15, 2017, Prime Minister Hun Sen called for the withdrawal
of all volunteers from the United States Peace Corps, which has operated
in Cambodia since 2006 with 500 United States volunteers providing
English language and healthcare training;
Whereas the Government of Cambodia in 2016 arrested four senior staff members of
the Cambodian Human Rights and Development Association (ADHOC), as well
as a former ADHOC staff member and official on the National Election
Committee (NEC), and held them in pre-trial detention for 427 days until
released on bail on June 29, 2017, in the wake of sustained
international pressure;
Whereas the Government of Cambodia arrested activist and women's rights defender
Tep Vanny in August 2016 and has kept her in prison for over a year;
Whereas the prominent Cambodian political commentator Kem Ley was assassinated
on July 10, 2016, five days after a senior Cambodian general publicly
called on the Cambodian Armed Forces to ``eliminate and dispose of''
anyone ``fomenting social turmoil'' in Cambodia;
Whereas Kem Ley had been a frequent critic of Prime Minister Hun Sen, fueling
concerns that his killing was politically motivated and ordered by
higher authorities;
Whereas the Government of Cambodia has taken several measures to restrict its
media environment, including imposing a tax bill amounting to millions
of dollars levied against independent media outlets that resulted in the
closure of independent newspaper The Cambodian Daily in early September
2017;
Whereas the Government of Cambodia has ordered several radio stations to stop
the broadcasting of Radio Free Asia and Voice of America;
Whereas the next general election in Cambodia is scheduled for July 29, 2018,
and the CPP continues to use intimidation and misuse of legal mechanisms
to weaken political opposition and media organizations in order to
retain its power;
Whereas the Cambodian parliament in 2017 passed two repressive amendments to
Cambodia's Law on Political Parties that allow authorities to dissolve
political parties and ban party leaders from political activity, and
which contain numerous restrictions tailored to create obstacles for
opposition parties in an attempt to maintain the CPP's hold on power;
Whereas Kem Sokha, the President of CNRP, was arrested on September 3, 2017, and
charged with treason and conspiring with the United States Government to
overthrow the Government of Cambodia, and if convicted faces up to 30
years in prison, which sets the stage for the CNRP to be dissolved;
Whereas the United States Embassy in Cambodia has publicly called for the
immediate release of Mr. Sokha and the removal of restrictions on civil
society;
Whereas the CNRP's previous leader, Sam Rainsy, remains in exile due to an
outstanding warrant for his arrest in a politically motivated criminal
case;
Whereas Human Rights Watch reported that local elections held in Cambodia on
June 4, 2017, took place in a ``threatening environment hostile to free
speech and genuine political participation, leading to elections that
were neither free nor fair'';
Whereas international election monitoring groups reported fundamental flaws in
the electoral process and violations of Cambodia's election campaign
rules during June's local election;
Whereas the Interior Ministry of Cambodia demanded that two election-monitoring
organizations cease their activities just months after the local
elections for allegedly violating the LANGO law, which will allow the
CPP to continue to increase restrictions on election monitoring as the
2018 national elections approach;
Whereas, despite irregularities in the electoral process, the CNRP made
significant gains in local elections compared to previous cycles, making
clear that national elections in 2018, if they are conducted freely and
fairly, will be tightly contested; and
Whereas national elections in 2018 will be closely watched to ensure openness
and fairness, and to monitor whether all political parties and civil
society groups are allowed to freely participate: Now, therefore, be it
Resolved, That the Senate--
<DELETED> (1) reaffirms the commitment of the United States
to promote democracy, human rights, and the rule of law in
Cambodia;</DELETED>
<DELETED> (2) condemns all forms of political violence in
Cambodia, and urges the cessation of ongoing human rights
violations;</DELETED>
<DELETED> (3) urges Prime Minister Hun Sen and the Cambodian
People's Party to end all harassment and intimidation of
Cambodia's opposition and foster an environment where democracy
can thrive and flourish;</DELETED>
<DELETED> (4) urges the Department of State, in association
with the Office of Foreign Assets Control (OFAC) of the
Department of the Treasury, to consider placing all senior
Cambodian government officials implicated in the abuses noted
above on the Specially Designated Nationals (SDN)
list;</DELETED>
<DELETED> (5) urges the Government of Cambodia to free Mr.
Kem Sokha immediately and unconditionally;</DELETED>
<DELETED> (6) calls on the Government of Cambodia to respect
freedom of the press and the rights of its citizens to freely
assemble, protest, and speak out against the
government;</DELETED>
<DELETED> (7) supports electoral reform efforts in Cambodia
and free and fair elections in 2018 monitored by international
observers; and</DELETED>
<DELETED> (8) urges the President to communicate to the
Government of Cambodia that if it ignores the recommendations
of the international community and maintains the current
restrictive and intimidating political environment, the United
States Government will have no choice but to determine that the
2018 elections were not conducted freely or fairly because the
results could not be an expression of the democratic will of
the Cambodian people.</DELETED>
That the Senate--
(1) reaffirms the commitment of the United States to
promote democracy, human rights, and the rule of law in
Cambodia;
(2) condemns all forms of political violence in Cambodia,
and urges the cessation of ongoing human rights violations;
(3) urges Prime Minister Hun Sen and the Cambodian People's
Party to end all harassment and intimidation of Cambodia's
opposition and foster an environment where democracy can thrive
and flourish;
(4) urges the Department of the Treasury, in consultation
with the Department of State, to consider placing all senior
Cambodian government officials implicated in the abuses noted
above on the Specially Designated Nationals (SDN) list;
(5) urges the Government of Cambodia to free Mr. Kem Sokha
immediately and unconditionally;
(6) calls on the Government of Cambodia to respect freedom
of the press and the rights of its citizens to freely assemble,
protest, and speak out against the government; and
(7) supports electoral reform efforts in Cambodia and free
and fair elections in 2018 monitored by international
observers.
Calendar No. 257
115th CONGRESS
1st Session
S. RES. 279
_______________________________________________________________________
RESOLUTION
Reaffirming the commitment of the United States to promote democracy,
human rights, and the rule of law in Cambodia.
_______________________________________________________________________
November 1, 2017
Reported with an amendment and an amendment to the preamble