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Maintaining the legacy of human and civic rights: 30 years after the PPA
- communicationinter3
- Jul 8
- 8 min read
Future Forum's research fellow, CHEN Heang, was published in New Mandala on October 23, 2021. Check out the original article HERE, and read it below!
This year marks the 30th anniversary of the signing of the Paris Peace Agreement. In light of its significant contribution to Cambodian development and stability, it is important to explore its continued, and contestable, relevance in the 21st century.
Prior to its adoption, the Cambodian people lived through a devastating civil war whereby external Cold War power dynamics contributed to the contracted political space for sovereign determination.
The adoption of the Paris Peace Agreement (PPA) was therefore a historical milestone that ushered in the end of a bloody regime; laying the foundations for the Cambodian people to take control of their future. The primary purposes of the PPA can be considered to be the establishment of an independent and sovereign government, by installing a democratic system through free and fair elections, and the protection of Cambodian lives by translating human rights into constitutional law.
The value of the PPA was not only as a treaty to end the political crisis in Cambodia but also for the foundation it established to ensure that the turmoil of civil war would not return. More specifically, it created a neutral political environment where Cambodians have freedom of choice in determining political representation.
A month after the 1993 election, a former Cambodian national UNTAC staff member sent a letter to UNTAC Radio to broadcast his belief in the state-building mission undertaken under the PPA.
“I’m writing to call all compatriots to abandon selfishness by taking common ground into account instead,” he wrote. “If you love any political party, that’s your opinion, and it’s a contribution to state-building based on your perspective, expressed through the election,” he further added.
This adoption of free and fair elections was a remarkable achievement of the PPA when set against the turmoil that preceded its adoption.
In 1992, to implement the PPA, The United Nations Transitional Authority in Cambodia (UNTAC) was established to run the first free and fair election within the framework of the Agreement on a Comprehensive Political Settlement of the Cambodian Conflict (1991). It was the first time that the United Nations took on the independent administration of another state to end a civil war and replace it with measures for the peaceful transition of power.
In 1993, the first free and fair election post-PPA took place. The election resulted in National United Front for an Independent, Neutral, Peaceful, and Cooperative Cambodia (FUNCIPEC) winning 45.47% of votes, followed by the Cambodia People’s Party (CPP) with 38.23%. Later the CPP, led by Hun Sen, a former foreign minister of the Vietnamese-backed People’s Republic of Kampuchea government (PRK), rejected the result by citing “massive voting irregularities.” Prince Norodom Sihanouk immediately expressed fear that Cambodia could split, “This is a tragedy for all of us,” he said. Four years later, in July 1997, the CPP and FUNCINPEC exchanged gunfire for two days in Phnom Penh in conflict over the future leadership of Cambodia future leader of Cambodia.
My family experienced this conflict in 1997. After a rocket landed near our house, my mother carried me and took my older sister to hide in a neighbour’s brick house. After my father returned home in the evening, we waited until morning to escape the city. My parents decided to risk their lives while gunfire was heard along the way without knowing whether we might get hit by bullets. My parents realised Cambodia could fall into a civil war again.
This armed conflict can be seen as undermining what the PPA called a sovereign government elected through the UNTAC-organised election in 1993, which was the central value of the PPA for a peaceful transition of power.
The CPP took the leadership and continued to win elections from one mandate to another, resulting in Hun Sen becoming currently Asia’s longest-serving leader. However, some civil society groups, analysts and researchers, and the international community, have criticised the situation of human rights and political freedoms under his tenure. The 2018 election provides a window of insight to this end. It was viewed with disappointment by many in the international community as well as some Cambodian citizens.
A year before the election, the largest opposition party, the Cambodia National Rescue Party (CNRP), was dissolved by the Supreme Court after its leaders were tried for treason. This saw 118 CNRP-party members banned from political activity for five years. At the same time, the government shut down the US-based National Democratic Institute (NDI), which had operated since 1992, for colluding with the CNRP. It also closed the Cambodia Daily newspaper and Radio Free Asia’s bureau (RFA) in Phnom Penh, ostensibly due to tax issues.
Some observers and those in the international community believed it was politically motivated and linked to the 2013 election result when CPP lost 22 seats in parliament for a total of 68 seats while the CNRP won 55 seats. But later, the government denied such statements by citing the legal charges that motivated the circumstance. This crackdown was described as being on “the brink of abolishing the Party [CNRP] outright” by some analysts.
In light of the dissolution of their only major challenger, it has been suggested that the CPP stood as the only feasible candidate in the 2018 election. Multiple political parties did participate on the ballot, which might be seen by some people as a hallmark of a multiparty democracy.
However, the concept of a “free and fair” election, the primary legacy of the PPA, should not be ignored. Multi-party political systems alone cannot be categorised as democratic if elections are not free and fair.
The European Union (EU) and the United States of America (US) found it necessary to withdraw their support and trust in the legitimacy of the 2018 election results. Japan also joined them in expressing concern over the dissolution of the CNRP, but Japan continued to assist Cambodia’s National Election Committee (NEC). Later, a large number of invalid ballots were discovered to the disappointment of Japan. Japanese Foreign Minister Taro Kono expressed these concerns over the election results when meeting with Cambodian foreign minister, Prak Sokhonn, in Singapore
“I told Mr. Prak Sokhonn that the results were disappointing in many ways as many of the ballots were judged invalid, although Japan had given its support to ensure that the polls would reflect the will of the voters,” Kono said.
As a matter of fact, more doubts were raised about the election when the government threatened criminal charges against people who called for voters to boycott the election, and garment workers faced repercussions from employers for not voting at the workplace. Even though no concrete evidence of the declining legitimacy of the 2018 election was found, a large number of invalid ballots reflected the discontent of many people.
In 1993, another letter from a villager to UNTAC Radio expressed their concern over safety in his/her area “How much more suffering for Cambodian people? Since I was born, I have known only deprivation and hunger because of enemy invasion, American bombing, and the Pot Pol genocide. People died in misery and extreme poverty.” UNTAC Radio also received a poem from another villager saying that “others and I want Rights. Rights make us more knowledgeable and dare to speak out …Rights can be eyes and nose …to advise to build the country.” (Click here to download the transcript of this broadcast in Khmer).
These messages describe how Cambodian people’s rights have been infringed on for a long time, and they also want the right to live in a better society.
Human rights and freedom of expression are crucial components of the PPA’s legacy. The provision establishes the goals of a fundamentally democratic system and an independent justice system.
In the last two years, during the COVID-19 outbreak, some proponents of these fundamental elements have faced severe struggles. In 2020 alone, at least 14 activists, including environmentalists, politicians, and rappers, were arrested for voicing concerns over environmental and social matters. In 2021, another three environmental activists from the group Mother Nature were detained in June for alleged illegal organising and using terrorist financing. The action took place after the trio filmed sewage in the river near the Royal Palace. Later, without disclosing evidence publicly, the Phnom Penh Municipal Court charged them with plotting and insulting the king. Representatives of the US, France, Australia, Sweden, and many NGOs raised their concerns over freedom of expression and demanded that the accused be released.
This response from the Cambodian government could create a culture of fear among Cambodian youth if they believe they could easily be charged and their right to freedom of expression is not guaranteed. It also discourages people, especially youth, from talking about social issues. In their advocacy on issues of concern, as in the case above, youth sought explanations from the government, but instead they were charged and taken to court. The legacy of the PPA should have been encouraged and tolerated rather than restricted.
The legacy of the PPA is invaluable to building a nation by taking national interest into account through a democratic system (free and fair elections) where people can enjoy prosperity without fear. This legacy has no end date; it must continue while encouraging the Cambodian people to get involved.
To sustain the PPA’s legacy, civic education (especially about democratic elections) must be taught to a well-informed population through educational institution and civil society programs in the community. This provides fundamental knowledge to all people, especially new generations, to view their social situation through a lens of critical thinking rather than through manipulation by political parties. Specifically, political education should be encouraged among youth. When Cambodians hear the word “politics,” many assume it to be the propaganda of a political party whether true or not. Understanding political theory work will open their eyes to critically see the political issues and choose the right leaders based on their will.
Equally important, civil society and relevant stakeholders such as government and lawmakers must be willing to hold regular public forums on legal concepts and civic rights. For example, there remains confusion as to the precise legal difference between, and repercussions related to, the terms “criticism” and “incitement”. In September this year, Phnom Penh’s court sentenced seven CNRP activists CNRP to prison, for “incitement” over social media posts criticising the government’s handling of the Covid-19 pandemic. However, the activists and some civil society organisations argued that social media posts should be subject to the right to freedom of speech. A forum would provide space for dialogue and clarity.
However, this effort faces challenges when both parties are not willing to cooperate. To make this initiative happen, all parties must agree to allow diverse stakeholders to monitor and evaluate programs to avoid any manipulation for political gains.
In addition, both parties also need to acknowledge that they would encounter problems during implementation. Thus, mutual understanding is needed to address these issues step by step.
This is the right thing to do because both civil society and the government have roles in educating people about the law, its implementations, and their legal rights.
Finally, on every anniversary of the PPA, relevant entities should publish related material through documentaries, storytelling, and publications. It would allow new generations to understand its mission and legacy, which solved the political crisis by giving Cambodian citizens power and freedom of choice. This legacy will continue to ensure peace for all generations going forward.
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