PHNOM PENH – Senate President Hun Sen has called for legislation defining any attempt to establish an anti-government movement as terrorism.

However, analysts say the proposal by the president of the ruling Cambodian People’s Party is unnecessary.

“I think it is time that we establish a law or measure to be imposed on any individuals or groups that plan a conspiracy, create an anti-extremist movement, cause chaos, social disorder, and conflict with other states, as well as overthrow the legitimate government as terrorists to be brought to justice,” he said during the celebration of the 46th anniversary of the Victory Day over Genocide on Jan. 7.

The push is in response to former opposition leader Sam Rainsy's November attempt to establish an interim government abroad, opposition groups' ongoing activities on Koh Kut sovereignty, and mass protests on August 18 on CLV-DTA (Cambodia-Laos-Vietnam Development Triangle Area), which the government has withdrawn.

Hun Sen hasn't confirmed the legislation designating opposition activists as terrorists but party spokesperson Sok Eysan said they'd expedite the law if a government in exile was formed.

It is unclear how terrorism should be defined in the Cambodian context. There is no globally accepted definition of terrorism. The United Nations says it is a method that employs violence to instil fear and achieve political or ideological objectives, though this definition is not universally accepted.       

Sam Seun, a policy analyst at the Royal Academy of Cambodia, said the government should prioritize rural needs and job challenges, creating a conducive working environment, and finding more markets for farmers to sell their products at fair prices rather than enacting a law at this time.

“I believe this is not the right time to enact this law. There are many other priorities the Cambodian government should focus on,” he said.

“Instead of introducing new laws at this time, the government should focus on effectively implementing existing laws and ensuring that citizens are genuinely content and secure with their current circumstances.”

Lawyer Sok Sam Oeun said the law against terrorism depends on the definitions of terrorism set by the government.

Terrorists were those who create threats among people, such as bombings, Sam Oeun said. Those who just challenge the government through expression were not considered terrorists. Their right to freedom of expression is guaranteed in the Constitution.

“If we have such a law, the terrorism would be defined the other way,” he said. “If we talk about opposing the government, we should consider whether the opposition act involves weapons or just expression.”

However, Sam Oeun said this law can be created based on politicians' intentions. "The law would be enforced accordingly, based on how they define the word terrorism.”

Prompting international criticism

For Sam Seun, adopting the law may lead to international condemnation, as the country still needs favorable relations with the EU and the US and is concerned about EBA and GSP trade privileges.

“I believe the government should avoid introducing this law now and instead prioritize other pressing matters, such as strengthening foreign policy, fostering relationships with Western countries and building trust among foreign investors,” he said.

Sok Sam Oeun said Cambodia is a democratic country with freedom of expression. Having the law would hinder its democracy.

Cambodia has a Law on Counter-Terrorism to criminalize certain conduct but does not address other matters necessary for combating terrorism. Other laws, including the Law on Anti-Money Laundering and Financing of Terrorism, apply.