[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Senate]
[Pages S12236-S12238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CAMBODIA: WHERE DO WE GO FROM HERE?

 Mr. McCONNELL. Mr. President, I rise today to discuss the 
latest developments in Cambodia and my thoughts on how the United 
States should respond to these developments.
  Over the past decade the United States has contributed hundreds of 
millions of dollars towards peace in Cambodia. What benefit has been 
achieved as a result of this assistance? Is Cambodia better off now 
than it was 10 years ago? I would argue that recent political 
developments have undercut most gains this assistance may have 
provided--and worse, our own policies have contributed to the most 
recent deterioration considerably.
  On July 26 of this year, the Cambodian people turned out in 
overwhelming numbers to vote in parliamentary elections. The ruling 
government pointed to this impressive turnout and claimed it was 
representative of a free and fair process. In fact, the election was 
termed by one American observer as the ``Miracle on the Mekong.'' With 
all due respect, I question how any informed observer could make that 
evaluation. For one to believe this appraisal, one must completely 
ignore the events dating from the 1997 coup.
  In truth, the events which lead up to the July 26 balloting made the 
prospects for free and fair elections impossible. The opposition 
parties infrastructure had been completely dismantled following the 
July 1997 coup d'etat, orchestrated by Hun Sen and his Cambodian 
Peoples Party (CPP). As many as 100 opposition party members were 
reported killed, and those who remained in Cambodia were forced to 
campaign in fear if they dared speak out at all. The CPP controlled 
access to media and thereby prevented opposition candidates from 
effectively getting their message out. The National Election Commission 
(NEC), which had oversight of the election process, was stacked almost 
entirely with CPP party loyalists. Each of these factors on their own 
would be troubling, but when looked at collectively they are an 
outrageous example of a government which acts with impunity and has no 
regard for democratic principles.
  Despite this reality, the Clinton Administration joined many in the 
international community, including the so-called ``Friends of 
Cambodia,'' in pushing the parties to participate in the July 26 
elections. I thought then, and I continue to believe now, that this was 
a mistake. To use an old phrase--with ``Friends'' like these, who needs 
enemies? How could we ask these brave men and women to risk their lives 
and take part in a process which was doomed to failure? To make matters 
worse, the U.S. Government now seems bent on ignoring the reality of 
the flawed election. Rather, it is pushing opposition leaders to 
participate in a parliament at the mercy of a brutal dictator who has 
no regard for the rule

[[Page S12237]]

of law. So, in the end, the United States has invested hundreds of 
million of dollars and the Cambodian people have little to show for our 
efforts.
  Mr. President, since July 26th, the environment has actually 
deteriorated rather than improved. Opposition leaders filed hundreds of 
protests with the National Election Commission, only to see each of 
these complaints dismissed without consideration. Legitimate claims of 
fraud have been ignored as the CPP seeks to cement its claim to so-
called ``legitimate'' authority. Let's examine a few of these problems:

  Prior to the July ballot, the NEC secretly and without debate changed 
the formula by which parliament seats would be assigned. Only after the 
votes were tabulated was this new formula announced. To no one's 
surprise, the result was an additional five seats for Hun Sen's party, 
thereby preventing CPP from being in the minority. Had the original 
formula been in place, the parties of Prince Ranariddh and Sam Rainsy 
could have combined their seats to form a majority of parliament.
  Only July 27, as ballots were being processed, the NEC ordered the 
counting stopped. According to a senior member of the NEC, this halt in 
the proceedings occurred because the opposition parties had taken the 
lead. Not surprisingly, when counting was renewed, CPP regained control 
and went on to be credited with 41 percent of the total vote.
  Finally, the violence continues. Immediately following the election, 
largely peaceful demonstrations broke out in downtown Phnom Phen. CPP 
armed thugs and soldiers broke up the demonstrations and dismantled the 
symbolic ``democracy square'' located near the National Assembly. 
Opposition leaders were subject to a travel ban and intimidation 
tactics. Finally, and most alarmingly, several Buddhist monks were 
murdered and reportedly tortured.
  Mr. President, the question must be asked, how should the United 
States proceed in the face of these developments? I believe there are 
several concrete steps we can and must take to send the signal that we 
will not tolerate Hun Sen's brutal disregard for his own nation and 
people.
  Number one, we must continue to withhold direct assistance to the 
Cambodian Government. This year's foreign operations appropriations 
bill will do just this. Only when each of the election disputes have 
been dealt with could aid be released.
  Number two, we must not appoint an Ambassador to succeed Ambassador 
Quinn. Many in the opposition have already spoken out against the 
current nominee and I share their concerns. However, regardless of the 
nominee, we should send a strong signal to Hun Sen that we will not 
recognize his illegitimate government. Mr. President, I ask unanimous 
consent to insert a letter from Prince Norodom Ranariddh and Sam 
Rainsy, leaders of the two most active opposition parties. In this 
letter, they detail not only the election disputes, but their 
opposition to the current nominee to be ambassador to Cambodia.
  Number three, the United States should identify Hun Sen for what he 
is, a criminal. Congressman Rohrabacher has introduced a resolution in 
the House which calls on the United States to assist in the collection 
of information that would lead to trying Hun Sen before an 
international tribunal for violation of human rights. I think 
Congressman Rohrabacher should be commended for his leadership, and I 
am hopeful similar legislation will pass in the Senate this year.
  Finally, we should oppose the current Cambodian government being 
allowed a seat at the United Nations.
  These steps are essential to staking out America's position as a 
defender of democracy and rule of law in Cambodia. Strong actions by 
the U.S. Government can give hope to the heroic members of the 
opposition as they continue to strive for democracy in the face of 
repression.
  Before I yield the floor, I will ask unanimous consent that remarks 
from opposition leader Sam Rainsy be printed in the Record. Mr. Rainsy 
was invited and prepared to appear before the subcommittee on East 
Asian and Pacific Affairs of the Senate Foreign Relations Committee 
earlier this week, but at the last minute was not allowed to testify 
due to objections raised by some on the committee. Mr. President, this 
is a shame.
  Sam Rainsy, along with Prince Ranariddh and Son Soubert represent the 
leaders of those who are working to establish democracy and respect for 
human rights and rule of law. Had this not been the final hectic week 
of our Congressional session I would have welcomed the opportunity to 
host Sam Rainsy before the Foreign Operations Committee. Absent that 
opportunity, I believe it is important that the Senate have the ability 
to review Mr. Rainsy's statement, and accordingly I renew my request 
that his remarks be printed in the Record.
  The remarks follow:

       Dear Senator Helms: This letter is an appeal to you and 
     your Committee to take immediate action in condemning the 
     recent bloodshed in Cambodia caused by soldiers and police 
     loyal to Hun Sen. Over the past few days, many protestors 
     have been injured and Buddhist monks killed as these forces 
     have tried to silence the Cambodian people. We ask you what 
     kind of government murders Buddhist monks?
       We do not recognize the results of the July election. The 
     Cambodian People's Party's (CPP) domination of the 
     Constitutional Council and the National Election Committee 
     have created a grossly uneven playing field. Our appeals and 
     complaints of vote fraud and counting irregularities have 
     been dismissed out of hand and in violation of law. Make no 
     mistake, Cambodia is a country ruled by a single man intent 
     on destroying any and all political opposition. Since last 
     year's coup d'etat, scores of our supporters have been 
     murdered, beaten, and intimidated by Hun Sen's loyalists.
       It is imperative that the United States continue to take a 
     principled stand in Cambodia. To this end, we ask that the 
     U.S. Congress continue to suspend official assistance to the 
     current government--formed by a coup--until the current 
     crisis is resolved. More than anything, if Hun Sen were to 
     succeed in securing international legitimacy and the 
     resumption of aid, it would be nothing less than a reward for 
     his lawless and repressive ways. We ask that the U.S. 
     Congress and Administration condemn the use of violence in 
     the strongest of terms. Too many people have died in the 
     hands of reckless Cambodian leaders, like Hun Sen and Pol 
     Pot. Finally we urge you not to replace Ambassador Kenneth 
     Quinn after his term expires in Phnom Penh, and certainly not 
     with Kent Wiederman who we believe may be less than 
     supportive of the cause of democracy in Cambodia. The 
     position should be left vacant as a message to Hun Sen that 
     there are no rewards for corruption, manipulation of 
     elections, and violence. We know a precedent exist for such 
     action in neighboring Burma.
       We thank you for your consideration of our views, and we 
     remain committed to bringing about peaceful, democratic 
     change in Cambodia.
           Yours Sincerely,
     Prince Norodom Ranariddh,
       President, FUNCINPEC.
     Sam Rainsy,
       President, The Sam Rainsy Party.
                                  ____


     Remarks by Sam Rainsy, President, Sam Rainsy Party, Cambodia--
  Subcommittee on East Asian and Pacific Affairs, Senate Committee on 
                   Foreign Relations, October 2, 1998

       Mr. Chairman, it is a distinct and unique pleasure for me 
     to appear before you today. I am honored to inform this 
     Subcommittee of the political situation in Cambodia following 
     the July parliamentary elections and to highlight the 
     important role the United States can play in bringing 
     democracy, the rule of law, and lasting peace to my country.
       The last few months, weeks, and days have been among the 
     most difficult of my life, and it has been equally trying for 
     all Cambodians who support democracy. I know this 
     Subcommittee is familiar with the brutal crackdown of pro-
     democracy demonstrators in Phnom Penh by forces of the 
     Cambodian People's Party (CPP). Buddhist monks and students 
     have been found tortured and murdered, and many continue to 
     be missing. I know you are familiar with the illegal and 
     unconstitutional travel ban that prevented me and all 
     opposition members from leaving Cambodia one week ago--a ban 
     that was personally instituted by Hun Sen. And I know that 
     you are aware of the CPP-biased election machinery that 
     denied opposition parties due process in the counting of 
     ballots and resolution of election complaints.
       There is no one more disappointed and saddened by the total 
     failure of the July elections than myself. However, the 
     opposition in Cambodia warned from the very beginning that 
     democracy cannot be built on an undemocratic foundation that 
     lacks the rule of law. Throughout the electoral process--even 
     before we returned to Phnom Penh from exile in Bangkok--we 
     pointed out to the international community many serious flaws 
     in the political environment and in election preparations. 
     For example, our party structures and property had been 
     totally destroyed or looted during Hun Sen's July 1997 coup 
     d'etat, and our membership was traumatized. I could not agree 
     more with the characterization of the pre-election period as 
     ``fundamentally flawed.''

[[Page S12238]]

       Mr. Chairman, we were reluctant participants in this 
     election and at one point even withdrew from the process. But 
     under heavy pressure, we accepted the assurances of the 
     international community that the elections would be 
     assessed fairly. We were wrong in accepting these 
     assurances, and today Cambodia is on the brink of 
     affirming the rule of man, not instituting the rule of 
     law. I know this to be true, as I spent ten days under the 
     protection of the United Nations in Phnom Penh because of 
     Hun Sen's pointed threats.
       The United Nations and many other sponsors and observers of 
     the election did not effectively challenge the conditions 
     that made a fair election impossible. Throughout the 
     campaign, our activists were harassed, threatened, and killed 
     with complete impunity. While the United Nations has done a 
     commendable job in documenting the abuses of the Cambodian 
     government, not one human rights violator has been 
     prosecuted. And the killings and torture continue.
       Other shortfalls in the elections included limited and 
     unequal access to state controlled media, an election 
     framework that was biased and that lacked transparency, a 
     recounting process that failed to conduct recounts, a 
     reluctance to reconcile all ballots, and an illegal change in 
     the method for seat allocation that gave the ruling party a 
     majority of seats with only 41 per cent of the official vote.
       The burden of proof that this election was legitimate no 
     longer lies with the opposition--as some asserted immediately 
     after the polls closed--it is now the responsibility of Hun 
     Sen and the CPP.
       The Cambodian people are confused, frustrated and angry. 
     They don't understand why many in the international community 
     are supporting the announced election results and pressuring 
     the opposition to join a coalition. Why isn't the Cambodian 
     government pressured into obeying Cambodian laws and its 
     Constitution?
       If the opposition is forced into a coalition without being 
     able to resolve underlying problems, Cambodia will continue 
     to be under the complete control of Hun Sen. History has 
     shown that he will do whatever it takes to stay in power. 
     Over the past five years, under Hun Sen's leadership, 
     Cambodia has had unrestrained corruption, human rights 
     violations, and environmental destruction. He kept his 
     political opposition in check while building up his own 
     political and military machine, in part, by making deals with 
     some of the worst Khmer Rouge leaders and incorporating them 
     into the government. Anyone who thought Hun Sen was the 
     solution to Cambodia's problems or that he offered 
     ``stability'' should know better by now.
       I understand all of Cambodia's problem cannot be solved at 
     once, and the opposition has demonstrated its willingness to 
     compromise. However, there are some issues where compromise 
     is impossible, such as the resolution of election related 
     disputes before a coalition government is formed and the 
     development of an independent judiciary that enforces and 
     protects the rights of all citizens, not only members of the 
     CPP.
       Without proper and full resolution of election complaints, 
     the elections will have no credibility among the Cambodian 
     people. For better or for worse, the Cambodian people look to 
     the United States as the standard-bearer of democracy and the 
     conscience of the world. It was the United States that took 
     Hun Sen's coup seriously last year and the U.S. Congress that 
     acted so swiftly to restrict official foreign assistance to 
     Cambodia. The reaction of Congress was one of the few times 
     that Hun Sen has received a message from the international 
     community other than one of accommodation.
       Hun Sen expect that the world will legitimize his rule 
     through these elections and cloak his dictatorial behavior in 
     the mantle democracy. Cambodian democrats are asking the 
     United States to be the standard-bearer again while there is 
     still a chance to get Cambodia back on the road to democracy. 
     We call upon the United States to: make it clear that it will 
     refuse to recognize any Cambodian government that is formed 
     prior to the resolution of election-related complaints filed 
     by opposition parties, or any government formed under duress; 
     strongly condemn the Cambodian government for its human 
     rights abuses and ongoing intimidation of opposition 
     activists; continue to withhold official aid, as it is 
     currently doing, and to oppose IMF and other multilateral 
     lending. Let me make clear that humanitarian and demining 
     assistance should continue; vote to keep Cambodia's UN seat 
     vacant and to oppose other international recognition; leave 
     the U.S. ambassador's post vacant after the departure of 
     Ambassador Kenneth Quinn until a credible government is 
     formed and to ensure that next U.S. ambassador is someone 
     with strong credentials as a supporter of democrats; 
     intensify efforts to deter the Cambodian government's role 
     in illegal logging, drug-trafficking, money-laundering and 
     acts of terrorism such as the grenade attack on march 30, 
     1997 that killed at least 16 people; and, make public the 
     Federal Bureau of Investigation's report into the March 
     1997 grenade attack.
       Mr. Chairman, as a target of assassination in 1997 and 
     again just a few weeks ago outside of the Ministry of 
     Interior, I know how dangerous Cambodian politics can be. The 
     United States has an opportunity to make an historic 
     contribution to Cambodia's future by demonstrating its 
     leadership and supporting democracy and human rights. Today, 
     I look to you for hope and assistance.
       Thank you for the opportunity to testify.
  (At the request of Mr. Daschle, the following statement was ordered 
to be printed in the Record.)

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