A/HRC/42/60/Add.2
set up by the constitution. As in all democratic countries, the amended law is aimed at
preventing abuses that are not in accordance with fundamental democratic principle such as
incitation to racial hatred, defamation, destruction of the social fabric of the nation. It is
inviolably duty of the government to protect the sanctity of its existing institutions.
What Cambodia did in term of amending its own political party law is not an odd with
international practices. For that matter, the EU, through the Venice commission, has adopted
in 1999 its “Guidelines on Prohibition and Dissolution of Political Parties and Analogous
Measures.” The prohibition or dissolution of political parties can be envisaged if necessary
to protect a democratic society, when for example a party advocates violence in all forms
such as racism, xenophobia and intolerance. We see the same practices and stipulations in
some countries in Europe such as in French, Danish and Portuguese Constitutions and Laws
and also in some other countries in Asia namely Indonesia, Malaysia and Philippines...etc.
4.
Newly-created political parties in 2018 elections
Cambodia noted with deep regret the Special Rapporteur's comments on the newlyestablished political parties in the 2018 elections. Such a reference implies the discrimination
of the political and civil rights of the Cambodian people to participate in political life,
including the creation of a political party, which are well guaranteed in the Constitution. In
the 2018 elections, 19 political parties did oppose the ruling party, Cambodian People's Party
(CPP). It is about a true democratic contest with real contenders to the present ruling party.
Some parties, which are long-standing opponents to the CPP, did not have much success in
the past because they refuse to resort to the CNRP's ultra-nationalistic and racist populism
rhetoric promoting social hatred and division.
While there is a lack of opposition party in the parliament due to the result of democratic
election held in July last year and in order to further promote democracy and the rule of law
in Cambodia, the Royal Government has set up participatory consultative mechanisms with
all political parties in Cambodia known as Supreme Consultative Council to collect
multifaceted inputs for the benefit of national construction. This council replaces the
existence of opposition in parliament as it creates a public consultative forum within the
process of legal and policy formulation and implementation and also check-and-balance
platform with government through their monitoring mechanism, criticism, comments and
recommendations provided to the government to be addressed.
5.
The Release of Kem Sokha
On 9 September 2018, the Court of First Instance issued an order to release Mr. Kem Sokha
under judicial supervision with some conditions, meaning that he was no longer under pretrial detention within the maximum period of 18 months in prison.
Currently, the case is in charged by the investigating judge of Phnom Penh Court of First
Instance, an independent body which cannot be interfered by any institution as guaranteed
by the Constitution. According to this procedure law, Kem Sokha is not under house arrest
as claimed and alleged by some other groups because he has fully right to leave his home
within the permitted perimeters, use phone, meet or communicate with family, lawyers or
any persons who are not prohibited by court.
6.
Legal action against the members of former opposition party
Actually the recent legal action against the members of former opposition party by the local
and court authority is an attempt to enforce the rule of law against the violators, who try to
exempt themselves from law and justice on the ground that they are simply promoting
different voices in different ways with a malicious intention. Political rhetoric with full of
incitement, hatred, discrimination, violence, harassment, abuses, social riot appeal, call for
support of illegal movement and organization and rebellion against legitimately elected
government made by those members of former opposition party so far is not the right to
freedom of expression and opinion, but an illegal act and must face criminal liability in
accordance with the criminal law of Cambodia. If this trend left uncheck it will end up in the
way that freedom of expression and opinion is distorted and twisted to undermine rule of law,
human rights and democracy at once and for all.
6
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