CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Concurrent Resolution No. 45Introduced by Assembly Member O'DonnellMarch 27, 2017 Relative to Cambodian democracy. LEGISLATIVE COUNSEL'S DIGESTACR 45, as introduced, O'Donnell. Cambodian democracy.This measure would declare the California Legislatures affirmation of the commitment of the State of California to promoting democracy, human rights, and the rule of law in Cambodia. The measure would urge 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 would support electoral reform efforts in Cambodia and free and fair elections in 2018.Digest Key Fiscal Committee: NO Bill TextWHEREAS, Since the Paris Peace Accords in 1991, Cambodia has undergone a gradual, partial, and unsteady transition to democracy, including elections and multiparty government; and WHEREAS, Prime Minister Hun Sen has been in power in Cambodia uninterrupted since 1985 and is the longest-serving leader in Southeast Asia; and WHEREAS, Freedom House rated Cambodia as Not Free in its Freedom in the World 2015 report, noting that political opposition is restricted, harassment or threats against opposition supporters are not uncommon, freedom of speech is not fully protected, and the governments tolerance for freedoms of association and assembly has declined in recent years; and WHEREAS, Cambodia held a general election on July 28, 2013, though widespread reports of irregularities largely related to the voter lists bring into question the integrity of the election; and WHEREAS, A coalition of election monitors, including the National Democratic Institute (NDI), Transparency International Cambodia, and other domestic and international organizations, in a joint report on the 2013 election found significant challenges that undermined the credibility of the process; and WHEREAS, Transparency International Cambodia, a nonprofit, nonpartisan organization, conducted a survey during the 2013 election that found at 60 percent of polling stations citizens with proper identification were not allowed to vote; and WHEREAS, The Cambodian National Election Committee (NEC) was accused of a lack of independence and progovernment bias during its oversight of the 2013 election; and WHEREAS, The composition of the NEC was changed after the 2013 election to include equal membership from both political parties, and the NECs continued independence is essential to free and fair elections; and WHEREAS, The United States Congress has taken steps to protect democracy and human rights in Cambodia, making certain 2014 foreign aid funds intended for Cambodia are conditioned upon the Government of Cambodia conducting an independent and credible investigation into the irregularities associated with the July 28, 2013, parliamentary elections and reforming the NEC or all parties agreeing to join the National Assembly to conduct business; and WHEREAS, United States aid to Cambodia has funded work in areas including development assistance, civil society, global health, and the Khmer Rouge Tribunal, largely via nongovernmental organizations (NGOs); and WHEREAS, Both NDI and the International Republican Institute (IRI) operate in Cambodia, engaging local partners and building capacity for civil society, democracy, and good governance; and WHEREAS, The government of Cambodia has acted to restrict the right to freely assemble and protest; and WHEREAS, On January 3, 2014, Cambodian security forces violently cracked down on protests of garment workers, killing four people in Phnom Penh; and WHEREAS, On March 31, 2014, Cambodian police beat protestors with batons and clubs during a protest calling for a license for the independent Beehive Radio to establish a television channel; and WHEREAS, In August 2015, the government of Cambodia passed the Law on Associations and Non-Governmental Organizations which threatens to restrict the development of civil society by requiring registration and government approval of both domestic and international NGOs; and WHEREAS, On October 26, 2015, two opposition lawmakers, including dual United States citizen Nhay Chamroeun, were violently attacked by progovernment protestors in front of the National Assembly; and WHEREAS, On November 16, 2015, the standing committee of the National Assembly expelled leader of the parliamentary opposition and President of the Cambodian National Rescue Party (CNRP) Sam Rainsy and revoked his parliamentary immunity; and WHEREAS, Mr. Rainsy is the subject of a Government of Cambodia investigation of seven-year-old defamation charges against him that is widely believed to be politically motivated; and WHEREAS, The United States Embassy in Cambodia has publicly called on the government of Cambodia to revoke the arrest warrant issued against Mr. Rainsy, allow all opposition lawmakers to return to Cambodia without fear of arrest and persecution, and to take immediate steps to guarantee a political space free from threats or intimidation in Cambodia; and WHEREAS, Political advocate and anticorruption activist Kem Ley was shot and killed in Phnom Penh on July 10, 2016; and WHEREAS, The Government of Cambodia continues efforts to prosecute CNRP leaders on politically motivated charges, having brought a case against Kem Sokha, a leader of the CNRP, to trial in Phnom Penh 2016; and WHEREAS, Meach Sovannara, a dual citizen of the United States and Cambodia and a resident of Long Beach, California, is currently incarcerated in Cambodia with a 20-year sentence for making a speech in 2014 protesting a controversial national election; andWHEREAS, National elections in 2018 will be closely watched to ensure openness and fairness, and to monitor whether all political parties and civil society are allowed to freely participate; now, therefore, be it Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature reaffirms the commitment of the State of California to promoting democracy, human rights, and the rule of law in Cambodia; and be it furtherResolved, That the Legislature condemns all forms of political violence in Cambodia and urges the cessation of ongoing human rights violations; and be it furtherResolved, That the Legislature 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 be it furtherResolved, That the Legislature supports electoral reform efforts in Cambodia and free and fair elections in 2018 monitored by international observers; and be it furtherResolved, That the Legislature urges Prime Minister Hun Sen and the Cambodian Peoples Party to end all harassment and intimidation of Cambodias opposition, drop all politically motivated charges against opposition lawmakers and allow them to return to Cambodia and freely participate in the political process, and foster an environment where democracy can thrive and flourish; and be it furtherResolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Concurrent Resolution No. 45Introduced by Assembly Member O'DonnellMarch 27, 2017 Relative to Cambodian democracy. LEGISLATIVE COUNSEL'S DIGESTACR 45, as introduced, O'Donnell. Cambodian democracy.This measure would declare the California Legislatures affirmation of the commitment of the State of California to promoting democracy, human rights, and the rule of law in Cambodia. The measure would urge 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 would support electoral reform efforts in Cambodia and free and fair elections in 2018.Digest Key Fiscal Committee: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Concurrent Resolution No. 45
Introduced by Assembly Member O'DonnellMarch 27, 2017
Introduced by Assembly Member O'Donnell
March 27, 2017
Relative to Cambodian democracy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
ACR 45, as introduced, O'Donnell. Cambodian democracy.
This measure would declare the California Legislatures affirmation of the commitment of the State of California to promoting democracy, human rights, and the rule of law in Cambodia. The measure would urge 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 would support electoral reform efforts in Cambodia and free and fair elections in 2018.
This measure would declare the California Legislatures affirmation of the commitment of the State of California to promoting democracy, human rights, and the rule of law in Cambodia. The measure would urge 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 would support electoral reform efforts in Cambodia and free and fair elections in 2018.
## Digest Key
## Bill Text
WHEREAS, Since the Paris Peace Accords in 1991, Cambodia has undergone a gradual, partial, and unsteady transition to democracy, including elections and multiparty government; and
WHEREAS, Prime Minister Hun Sen has been in power in Cambodia uninterrupted since 1985 and is the longest-serving leader in Southeast Asia; and
WHEREAS, Freedom House rated Cambodia as Not Free in its Freedom in the World 2015 report, noting that political opposition is restricted, harassment or threats against opposition supporters are not uncommon, freedom of speech is not fully protected, and the governments tolerance for freedoms of association and assembly has declined in recent years; and
WHEREAS, Cambodia held a general election on July 28, 2013, though widespread reports of irregularities largely related to the voter lists bring into question the integrity of the election; and
WHEREAS, A coalition of election monitors, including the National Democratic Institute (NDI), Transparency International Cambodia, and other domestic and international organizations, in a joint report on the 2013 election found significant challenges that undermined the credibility of the process; and
WHEREAS, Transparency International Cambodia, a nonprofit, nonpartisan organization, conducted a survey during the 2013 election that found at 60 percent of polling stations citizens with proper identification were not allowed to vote; and
WHEREAS, The Cambodian National Election Committee (NEC) was accused of a lack of independence and progovernment bias during its oversight of the 2013 election; and
WHEREAS, The composition of the NEC was changed after the 2013 election to include equal membership from both political parties, and the NECs continued independence is essential to free and fair elections; and
WHEREAS, The United States Congress has taken steps to protect democracy and human rights in Cambodia, making certain 2014 foreign aid funds intended for Cambodia are conditioned upon the Government of Cambodia conducting an independent and credible investigation into the irregularities associated with the July 28, 2013, parliamentary elections and reforming the NEC or all parties agreeing to join the National Assembly to conduct business; and
WHEREAS, United States aid to Cambodia has funded work in areas including development assistance, civil society, global health, and the Khmer Rouge Tribunal, largely via nongovernmental organizations (NGOs); and
WHEREAS, Both NDI and the International Republican Institute (IRI) operate in Cambodia, engaging local partners and building capacity for civil society, democracy, and good governance; and
WHEREAS, The government of Cambodia has acted to restrict the right to freely assemble and protest; and
WHEREAS, On January 3, 2014, Cambodian security forces violently cracked down on protests of garment workers, killing four people in Phnom Penh; and
WHEREAS, On March 31, 2014, Cambodian police beat protestors with batons and clubs during a protest calling for a license for the independent Beehive Radio to establish a television channel; and
WHEREAS, In August 2015, the government of Cambodia passed the Law on Associations and Non-Governmental Organizations which threatens to restrict the development of civil society by requiring registration and government approval of both domestic and international NGOs; and
WHEREAS, On October 26, 2015, two opposition lawmakers, including dual United States citizen Nhay Chamroeun, were violently attacked by progovernment protestors in front of the National Assembly; and
WHEREAS, On November 16, 2015, the standing committee of the National Assembly expelled leader of the parliamentary opposition and President of the Cambodian National Rescue Party (CNRP) Sam Rainsy and revoked his parliamentary immunity; and
WHEREAS, Mr. Rainsy is the subject of a Government of Cambodia investigation of seven-year-old defamation charges against him that is widely believed to be politically motivated; and
WHEREAS, The United States Embassy in Cambodia has publicly called on the government of Cambodia to revoke the arrest warrant issued against Mr. Rainsy, allow all opposition lawmakers to return to Cambodia without fear of arrest and persecution, and to take immediate steps to guarantee a political space free from threats or intimidation in Cambodia; and
WHEREAS, Political advocate and anticorruption activist Kem Ley was shot and killed in Phnom Penh on July 10, 2016; and
WHEREAS, The Government of Cambodia continues efforts to prosecute CNRP leaders on politically motivated charges, having brought a case against Kem Sokha, a leader of the CNRP, to trial in Phnom Penh 2016; and
WHEREAS, Meach Sovannara, a dual citizen of the United States and Cambodia and a resident of Long Beach, California, is currently incarcerated in Cambodia with a 20-year sentence for making a speech in 2014 protesting a controversial national election; 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 are allowed to freely participate; now, therefore, be it
Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature reaffirms the commitment of the State of California to promoting democracy, human rights, and the rule of law in Cambodia; and be it further
Resolved, That the Legislature condemns all forms of political violence in Cambodia and urges the cessation of ongoing human rights violations; and be it further
Resolved, That the Legislature 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 be it further
Resolved, That the Legislature supports electoral reform efforts in Cambodia and free and fair elections in 2018 monitored by international observers; and be it further
Resolved, That the Legislature urges Prime Minister Hun Sen and the Cambodian Peoples Party to end all harassment and intimidation of Cambodias opposition, drop all politically motivated charges against opposition lawmakers and allow them to return to Cambodia and freely participate in the political process, and foster an environment where democracy can thrive and flourish; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.