The situation in Cambodia can perhaps be described as straddling a testament and a predicament. The testament is the 30th anniversary of the Paris Peace Agreements (October 1991) which brought peace to the country after a long period of warfare and the "recent tragic past". It established a pivotal framework for human rights, democracy and sustainable development in the country.
Yet, those aspirations are far from being fulfilled due to an all-pervasive predicament, namely, the monopolisation of power by the ruling elite and constraints imposed, particularly on civil and political rights, undermining the quest for democracy, most evidently in the past decade.
To be fair, there have been some gains along the way.
The Peace Accords remain a key lynchpin to guiding the preferred path to development in Cambodia. In the past year, the country hosted the Asia-Europe Summit and is currently Asean chair, enabling it to enhance its profile through inter-regional and regional dialogues, despite various intractable problems.
The country has been commended widely for its extensive vaccination programme, rolled out for the population against the pandemic. Economically, it has the potential to recover well. The pandemic has brought about the realisation that while cash transfers to help the people during the pandemic were and are necessary, other aspects of life such as health care, educational access, food security, reskilling and upskilling for job opportunities, and the vulnerabilities of specific groups, such as women, children, informal workers, persons with disabilities and the unemployed, also need effective coverage.
There have also been some recent improvements in regard to law reform and the justice system. Backlogs of court cases are now being cleared, while there is a need to improve the criminal justice system together with broader and more accessible legal aid and assistance. There have also been constructive dialogues on steps toward possible same-sex marriage laws, LGBTI issues, and shared experiences from the Asean region concerning the strengths and weaknesses of national human rights commissions.
Yet, the panorama of human rights and democracy in the country remains intimidating and disconcerting on many fronts. There has been regression-recession-retrogression in relation to civic space and political space due to what is, in substance, all-intrusive single-party rule. This is based upon a prism of power control and predominance, targeted towards singular self-survival and self-perpetuation.
Towards the end of 2021, mass trials of members of the political opposition resumed after a lull partly due to the pandemic. They involve over 150 persons, perceived or actual political opponents of the current power base whose plight dates back to the situation some five years ago. The period "2015 plus" saw a burgeoning of a viable opposition in the form of the Cambodian National Rescue Party (CNRP) which competed well against the power group now in power in the form of the Cambodian People's Party (CPP), the predominant political party which has ruled Cambodia since 1979. The former won some 43% of the vote, as compared with 50% of the vote for the latter, during the 2017 commune elections. Yet, they were disbanded later by court order, resulting in the disenfranchisement of the main political opposition and its members, including a ban from political participation for five years. The seats were then allocated to the CPP and it was the latter that prevailed in the 2018 national elections. The consequence was that all 125 seats in the National Assembly fell into the hands of a single party -- the single party. Subsequently, an array of court cases have been initiated against members of the opposition, and these are personified by the mass trials which have been pending for a long time.
The first mass trial led to the conviction on March 1 of nine senior leaders of the former CNRP in absentia on charges related to "attempt to commit a felony" and "attack and endanger institutions of the Kingdom of Cambodia" under the Cambodian Penal Code. The second mass trial led to the conviction on March 17 of 21 people allegedly affiliated with the CNRP, including seven leaders (10 years in prison) and 14 CNRP supporters and relatives (five years in prison). The third mass trial and related fourth trial are pending, covering dozens of people. Irregularities inherent in these trials include a lack of credible evidence, failings concerning respect for fair trial rights and due process guarantees and the fact that several of the so-called accused are being tried in absentia in breach of human rights guarantees.
Of course, the key test for progress or regress this year is whether the commune election on June 5 will be free and fair, resulting in the promise of democratic pluralism voiced by the Peace Accords 30 years ago. The preparations are witnessing more registration of political parties, more candidates, and more voters -- under the penumbra of single party predominance. Some members of the banned opposition party, mentioned earlier, are regrouping with new parties and are being rehabilitated politically and legally, but a number are still in prison and are part of the mass trials mentioned, awaiting the judicial process, as a consequence of their political affiliations.
It remains to be seen whether a viable and effective opposition can emerge at the local level, leading up to the national elections in 2023. The electoral system should also be adjusted to enable Cambodians residing abroad to vote without having to return to Cambodia. This should be complemented by reform of the law on elections to ensure independence from interference emanating from the top of the executive branch. There is all the more need for political parties and civil society to engage in activities in a pluralistic political landscape grounded in international human rights law, with broad-based monitoring to expose violations and advocate fair play.
