Section 1 Short title
This Act may be cited as the “Cambodia Democracy and Human Rights Act of 2021”.
Cambodia Democracy and Human Rights Act of 2021
A BILL
To promote free and fair elections, democracy, political freedoms, and human rights in Cambodia, and for other purposes.
Sec. 2 Findings
Congress finds the following:
On October 23, 1991, Cambodia and 18 other countries signed the Comprehensive Cambodian Peace Agreement (commonly referred to as the “Paris Peace Agreements”), which committed Cambodia to a democratic system of governance protected by a constitution and free and fair elections and stated that the people of Cambodia “shall enjoy the rights and freedoms embodied in the Universal Declaration of Human Rights and other relevant international human rights instruments”.
Prime Minister Hun Sen has been in power in Cambodia since 1984 and is the longest-serving leader in Southeast Asia. Despite decades of international attention and assistance to promote a pluralistic, multi-party democratic system in Cambodia, the Government of Cambodia continues to be undemocratically dominated by the ruling Cambodian People's Party.
In 2015, the Cambodian People's Party-controlled National Assembly adopted the Law on Associations and Non-Governmental Organizations, which gave the Government of Cambodia sweeping powers to revoke the registration of nongovernmental organizations in the name of “national unity”, and which the government has used to restrict the legitimate work of civil society.
On August 23, 2017, Cambodia’s Ministry of Foreign Affairs ordered the closure of the National Democratic Institute office in Cambodia and the expulsion of its foreign staff. On September 15, 2017, Prime Minister Hun Sen called for the withdrawal of all volunteers from the United States Peace Corps, which has operated in Cambodia since 2006 with approximately 500 United States volunteers providing English language and healthcare training.
The Government of Cambodia has taken several measures to restrict its media environment, especially through politicized tax investigations against independent media outlets that resulted in the closure of The Cambodia Daily and Radio Free Asia in early September 2017. Additionally, the Government of Cambodia has ordered several radio stations to stop the broadcasting of Radio Free Asia and Voice of America programming.
Cambodia’s small number of independent trade unions and workers have the right to strike, but many face retribution for doing so, according to Freedom House.
Each of the 6 elections that have taken place in Cambodia since 1991 was conducted in circumstances that were not free and fair, and were marked, to varying degrees, by fraud, intimidation, violence, and the misuse by the Government of Cambodia of legal mechanisms to weaken opposition candidates and parties. The 2017 local elections were marked by fewer reported irregularities, however, which helped the opposition Cambodia National Rescue Party (in this section referred to as the “CNRP”). Hun Sen responded to those improvements in elections, resulting in part from international assistance and observers, by banning the CNRP, the primary opposition party, on November 16, 2017.
On September 3, 2017, Kem Sokha, the President of the CNRP, was arrested on politically motivated charges, including treason and conspiring to overthrow the Government of Cambodia. While he was released on bail, he faces up to 30 years in prison. His trial has been delayed due to the coronavirus disease 2019 (commonly known as “COVID–19”) pandemic and will likely not resume in 2021.
In the most recent general election in July 2018, following the dissolution of the CNRP, the Cambodian People's Party secured every parliamentary seat, an electoral victory that the White House Press Secretary stated was “neither free nor fair and failed to represent the will of the Cambodian people”.
The widespread crackdown by the Government of Cambodia on the political opposition and other independent voices has caused many CNRP leaders to flee abroad. According to Human Rights Watch, on March 12, 2019, a court criminally charged and issued arrest warrants for 8 leading members of the CNRP, including former CNRP leader Sam Rainsy, who had left Cambodia ahead of the July 2018 election, as well as Mu Sochua, Ou Chanrith, Eng Chhai Eang, Men Sothavarin, Long Ry, Tob Van Chan, and Ho Vann.
The Government of Cambodia has arrested many opposition party members and democracy activists who remained in Cambodia. More than 80 opposition party supporters and activists were arrested in 2019 and were released on bail with charges still pending and could face re-arrest any time.
In November 2019, Sam Rainsy made a failed attempt to return to Cambodia to partake in mass pro-democracy protests. Approximately 150 CNRP activists were put on trial in 2020 and 2021 for treason for calling for his return.
In March 2021, a Cambodian court convicted and sentenced Sam Rainsy in absentia to 25 years in prison and 8 other opposition figures living in exile, including Rainsy’s wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang, Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth Romduol, to between 20 and 22 years.
Prime Minister Hun Sen has used the COVID–19 pandemic as justification to further consolidate power and the Cambodia People's Party-controlled National Assembly passed new laws to further curtail the rights to freedom of expression, peaceful assembly, and association.
According to Human Rights Watch, under the guise of the pandemic, authorities—
banned protests organized by youth and environmental activists;
detained and interrogated at least 30 people for Facebook posts related to the pandemic; and
charged one journalist for pandemic-related reporting.
According to Freedom House, Hun Sen uses the police and armed forces as instruments of repression. The military has stood firmly behind Hun Sen and his crackdown on opposition groups and Hun Sen has built a personal bodyguard unit in the armed forces that he reportedly uses to harass and abuse Cambodian People's Party opponents.
In August 2020, 14 youth and environmental activists were detained by Cambodian authorities. In May 2021, 3 environmental activists were convicted on charges of “incitement to commit a felony or disturb social order”, related to peaceful protests against authorities. In June 2021, a Cambodian court charged 3 environmental activists with “plotting against the government and insulting the king”. The 2020 Country Reports on Human Rights Practices of the Department of State reported “at least 40 political prisoners or detainees” in Cambodia.
In 2019, the Wall Street Journal reported that Cambodia had signed a deal with the Government of the People's Republic of China to allow that Government access to and use of the Ream Naval Base on the Gulf of Thailand, which would violate the Constitution of Cambodia, which prohibits the establishment of foreign military bases.
In 2019, the New York Times reported that a company described by the Department of the Treasury as being a state-owned company of the People's Republic of China had secured a 99-year lease to build an airport capable of supporting military aircraft at Dara Sakor, raising concerns that Beijing intends to use this dual-use facility for its military, which would violate the Constitution of Cambodia.
In section 401 of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409; 132 Stat. 5407), Congress expressed serious concerns with the rule of law and civil liberties in Cambodia and made the finding that the promotion of human rights and respect for democratic values in the Indo-Pacific region is in the United States national security interest.
The 2020 Country Reports on Human Rights Practices of the Department of State stated, of Cambodia, “Corruption was endemic throughout society and government. There were reports police, prosecutors, investigating judges, and presiding judges took bribes from owners of both legal and illegal businesses. Citizens frequently and publicly complained about corruption. Meager salaries contributed to “survival corruption” among low-level public servants, while a culture of impunity enabled corruption to flourish among senior officials.”.
Section 7043(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (division K of Public Law 115–141; 132 Stat. 918) and section 201(f) of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409; 132 Stat. 5392) restrict assistance to Cambodia until the Government of Cambodia takes effective steps to—
strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; and
respect the rights and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993, including through the—
restoration of the civil and political rights of the opposition Cambodia National Rescue Party, media, and civil society organizations;
restoration of all elected officials to their elected offices; and
release of all political prisoners, including journalists, civil society activists, and members of the opposition political party.
On December 9, 2019, the Department of the Treasury imposed sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note) with respect to certain corrupt Cambodian actors and their networks.
In February 2019, the European Union began intense scrutiny of Cambodia’s eligibility to for preferential trade access in light of the deterioration of democracy, the rule of law, and the protection of human rights in Cambodia. In February 2020, the European Union, Cambodia's largest export market, partially suspended trade preferences for Cambodia under its “Everything but Arms” trade program, in response to Cambodia's violations of civil and political rights.
Sec. 3 Sense of Congress
It is the sense of Congress that—
the United States is committed to promoting democracy, human rights, and the rule of law in Cambodia, as laid out in the 1991 Paris Peace Agreements;
the United States Government, through diplomacy and assistance, must urge the Government of Cambodia to—
release all political prisoners;
drop all politically motivated charges and vacate convictions against members of the Cambodia National Rescue Party, journalists, and civil society activists; and
restore full political rights to the Cambodia National Rescue Party and other political parties;
the United States Government should urge the Government of Cambodia—
to reverse the policies and actions that have resulted in the dismantling of democracy, the blatant disregard of fundamental human rights, and the breakdown of rule of law in Cambodia;
to immediately discontinue the imprisonment and judicial harassment of journalists, political dissidents, and activists, and drop politically motivated charges;
to halt the threat of mass arrests and violence if and when Cambodia National Rescue Party members currently overseas return to Cambodia;
to reinstate the political status of the Cambodia National Rescue Party and other opposition parties, restore the Cambodia National Rescue Party’s elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free and fair elections monitored by international observers;
to ensure that media outlets are able to operate freely and without interference, including having the ability to apply for and receive licenses to operate within Cambodia; and
to consider how allowing the People’s Liberation Army to conduct activities, gain access, or establish a presence in Cambodia would harm Cambodia’s relationships with its neighbors, partners, and allies, and violate the Constitution of Cambodia;
Prime Minister Hun Sen is directly responsible, and should be held accountable, for the safety, health, and welfare of exiled Cambodia National Rescue Party leaders and their supporters upon their return to Cambodia;
other governments throughout the Indo-Pacific region should—
urge the Government of Cambodia to allow the peaceful return of exiled Cambodia National Rescue Party leaders and their supporters; and
refrain from illegally restricting the rights of Cambodia National Rescue Party members to travel to and through their countries as they return; and
in the absence of systemic democratic reforms on the part of the Government of Cambodia, there is need for additional United States Government measures, including through legislation and executive action.
Sec. 4 Sanctions relating to undermining democracy in Cambodia
Identification of persons responsible for undermining democracy in Cambodia—
In general— Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of—
each foreign person, including any senior official of the Government, military, or security forces of Cambodia, who the President determines has, on or after such date of enactment—
directly and substantially undermined democracy in Cambodia, including through the use of baseless legal charges, malicious prosecution, or mass trials;
committed or directed serious human rights violations associated with undermining democracy in Cambodia; or
engaged in or directed acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and
each foreign person owned or controlled by an official described in subparagraph (A).
Updates— The President shall submit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available.
Imposition of sanctions— The President shall impose the following sanctions with respect to each foreign person on the list required by subsection (a):
Asset blocking— The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
Aliens inadmissible for visas, admission, or parole—
Visas, admission, or parole— In the case of an individual, that individual is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked—
In general— The visa or other entry documentation of the individual shall be revoked, regardless of when such visa or other entry documentation is or was issued.
Immediate effect— A revocation under clause (i) shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the individual’s possession.
Exceptions—
Exception relating to importation of goods—
In general— The authorities and requirements to impose sanctions authorized under subsection (b)(1) shall not include the authority or requirement to impose sanctions on the importation of goods.
Good defined— In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
Exception to comply with international obligations— Sanctions under subsection (b)(2) shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.
Waiver— The President may waive the application of sanctions under subsection (b) with respect to a foreign person on the list required by subsection (a) if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States.
Suspension of sanctions—
Suspension— The requirement to impose sanctions under this section may be suspended for an initial period of not more than one year if the President determines and certifies to the appropriate congressional committees that Cambodia is making meaningful progress toward the following:
Ending government efforts to undermine democracy.
Ending human rights violations associated with undermining democracy.
Releasing all political prisoners.
Dropping all politically motivated charges and vacating convictions from any such charges against members of the Cambodia National Rescue Party, journalists, and civil society activists.
Conducting free and fair elections that allow for the active participation of credible opposition candidates.
Renewal of suspension— The suspension of sanctions under paragraph (1) may be renewed for additional, consecutive one-year periods if the President determines and certifies to the appropriate congressional committees that Cambodia continued to make meaningful progress toward satisfying the conditions described in that paragraph during the year preceding the certification.
Implementation; penalties—
Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
Sunset— This section shall terminate on the date that is 5 years after the date of the enactment of this Act.
Sec. 5 Report on activity of the People’s Liberation Army and Government of the People’s Republic of China in Cambodia
Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing—
the involvement of the Government of the People’s Republic of China or the People’s Liberation Army in upgrading existing facilities or constructing new facilities at Ream Naval Base and Dara Sakor Airport in Cambodia;
any actual or projected benefits, including any enhancement of the power projection capabilities of the People’s Liberation Army, that the Government of the People’s Republic of China or the People’s Liberation Army may accrue as a result of such upgrades or construction;
the impact that the presence of the People’s Liberation Army in Cambodia may have on the interests, allies, and partners of the United States in the region;
any efforts undertaken by the United States Government to convey to the Government of Cambodia the concerns relating to the presence of the People’s Liberation Army and the Government of the People’s Republic of China in Cambodia and the impact that presence could have on adherence to the Constitution of Cambodia; and
the impact the presence of the People’s Liberation Army in Cambodia, as well as closer government-to-government ties between Cambodia and the Government of the People’s Republic of China, including through investments under the Belt and Road Initiative, has had on the deterioration of democracy and human rights inside Cambodia.
Sec. 6 Definitions
In this Act:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
Foreign person— The term foreign person means a person that is not a United States person.
People’s Liberation Army— The term People’s Liberation Army means the armed forces of the People’s Republic of China.
Person—
In general— The term person means—
a natural person; or
a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause.
Application to governmental entities— The term person does not include a government or governmental entity that is not operating as a business enterprise.
United States person— The term United States person means—
a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.