CAMBODIA

Case N° CMBD/02 - SON SOUBERT Case N° CMBD/03 - POL HAM Case N° CMBD/04 - SON SANN Case N° CMBD/05 - KEM SOKHA Case N° CMBD/06 - KOY CHHOERN

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session (October 1995), concerning the cases of Mr. Son Soubert, Mr. Pol Ham, Mr. Son Sann, Mr. Kem Sokha and Mr. Koy Chhoern, members of the Parliament of Cambodia,

Taking into consideration the letters from the First Prime Minister dated 3 November 1995 and 12 January 1996 and the letters from His Majesty the King of Cambodia dated 20 November 1995 and 8 February 1996,

Also taking into consideration the information supplied by one of the sources on 8 November 1995 and 19 January 1996,

Recalling that Mr. Son Soubert, Mr. Pol Ham, Mr. Son Sann, Mr. Kem Sokha and Mr. Koy Chhoern were all elected in the June 1993 elections organized by UNTAC (United Nations Transitional Authority in Cambodia) on the Buddhist Liberal Democratic Party (BLDP) ticket,

Recalling that in May 1995 the party split into two factions, one led by the Information Minister, Mr. Ieng Mouly, and the other by Mr. Son Sann, the party founder; that all the persons concerned joined the latter faction; and that the Government recognized the faction of Mr. Ieng Mouly as the legitimate BLDP party and Mr. Ieng Mouly as the party's legitimate President,

Recalling also that, on 5 August 1995, Mr. Ieng Mouly's faction reportedly voted to expel Mr. Son Sann together with the other MPs in question and that Mr. Mouly expressed his intention to demand their removal from Parliament and replacement by other party members,

Bearing in mind that a member of the National Assembly, Mr. Sam Rainsy, was deprived of his parliamentary seat on similar grounds on 22 June 1995,

Noting that the parliamentarians concerned are participating normally in the work of the National Assembly,

Recalling further that the BLDP faction loyal to Mr. Son Sann held a party congress on 1 October 1995; that on the eve of the congress when a crowd of Mr. Son Sann's supporters had already gathered, unidentified people threw a grenade into the courtyard of his residence and into a nearby Buddhist temple where some of his supporters were staying, injuring 30 people; recalling that the police reportedly did not arrive on the scene of the explosion for some 30 minutes and that motorists were taking victims to hospital,

Recalling that the congress, which went ahead despite the grenade attacks, was dispersed after one hour when armed military police moved in and cleared the area, reportedly moving participants away at gunpoint,

Bearing in mind that the First Prime Minister, Prince Norodom Ranariddh, in a statement published by the Cambodia Daily on 2 October 1995, stated "the Royal Government will not condone such acts ... I can assure the people that those responsible for this criminal and cowardly act will be caught and brought to justice"; that the Minister of the Interior was quoted by the same newspaper as having said that the investigation would be thorough and that King Norodom Sihanouk asked the Government "to do all it can so that the criminals may be discovered, arrested and condemned as severely as possible so that justice and liberty for the Cambodian people may triumph",

Considering that in response to the Committee's and Council's repeated requests for information on progress made in the relevant investigations, in his communication of 12 January 1996 the First Prime Minister, considering the IPU's work on the case as interference in internal affairs, stated that "this fundamental issue demands the suspension of all participation of the legitimate representatives of Cambodian institutions with the IPU",

Considering that the authorities have otherwise ignored the repeated requests for information addressed to them,

Recalling that the MPs concerned, in particular Mr. Kem Sokha and Mr. Son Sann, have reportedly been subjected to anonymous harassment and death threats,

Bearing in mind the observation of the Special Representative of the United Nations Secretary-General for Human Rights in Cambodia, as expressed in his report to the 52nd session of the United Nations Commission on Human Rights, that "there cannot be pluralistic democracy where the lawful expression of dissenting and opposition views is suppressed, the right to organize political parties is impeded and violence against political opponents goes unpunished and apparently uninvestigated",

1. Wishes once again to assure the Cambodian authorities that the Inter-Parliamentary Union fully recognizes the sovereignty of Cambodia and its National Assembly;

2. Recalls in this respect that it has on numerous occasions solemnly stressed that the defence of human rights is a duty incumbent upon the human community on the basis of the internationally recognized juridical principles set forth in the Universal Declaration of Human Rights, in all circumstances, in all countries and under any political system;

3. Insists therefore that the IPU's legitimate concern to ensure respect for universally recognized human rights principles can in no way be construed by any State as an interference in its internal affairs;

4. Recalls moreover its previous statement in the case of Mr. Sam Rainsy to the effect that, over and above this duty, the international community has special responsibility for Cambodia after contributing, by dint of considerable effort, to the restoration of peace and the re-establishment of representative institutions;

5. Regrets the lack of co-operation from the authorities and recalls in this respect that the Committee's Procedure is based on the principles of dialogue and co-operation enabling it independently and objectively to cross-check the information submitted to it;

6. Notes with satisfaction that the MPs concerned are going normally about their parliamentary duties and infers from this that they may not be under any imminent threat of expulsion;

7. Remains concerned at the dispersal of the meeting organized by Samdech Son Sann on 1 October 1995, and reiterates its wish to ascertain the exact reasons for the police action;

8. Recalls that, under its Constitution and under international human rights norms, in particular the International Covenant on Civil and Political Rights, to which it is a signatory, Cambodia is bound to respect the right to freedom of association, which is central to mulit-party democracy and therefore has a particular bearing on the functioning of a representative Parliament;

9. Forcefully stresses that the Cambodian authorities have a duty, under national and international law, to bring to justice those responsible for the two grenade attacks on 30 September 1995 against the premises of the faction of BLDP led by Samdech Son Sann and against a Buddhist temple housing the faction's supporters;

10. While fearing that the silence of the authorities may simply indicate lack of progress, reiterates its wish to ascertain the outcome of the investigations into the attack which the authorities pledged to carry out, and urges the authorities to ensure that the investigations are conducted with all due diligence;

11. Remains deeply concerned at the death threats and harassment to which the MPs concerned are reportedly subjected, and once again urges the competent authorities to do everything in their power to protect the lives and security of those MPs, as is their duty;

12. Requests the Secretary General to convey these concerns to the authorities of Cambodia, inviting them to supply the information sought;

13. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and to report to it at its next session (September 1996).