Original reports from Phnom Penh and Washington
29 July 2008
The Cambodian People's Party claims to have won 90 parliamentary seats, but analysts say a functional National Assembly must be agreed to by all.
The ruling party may have won a sweeping victory Sunday, but analysts say the government could still face a political crisis.
Cambodia has adopted a system of simple majority, or 63 National Assembly seats, for the formation of a government, a number of seats the ruling Cambodian People's Party appears to have won by a wide margin.
But analysts said that even the 90 seats claimed by the CPP after Sunday's election may not avert a deadlock, as the Cambodian constitution requires all National Assembly members to swear in following an election.
If the roughly 33 elected parliamentarians from four non-ruling parties refuse to be sworn in within the next 60 days, the Cambodian government will face a post-election crisis.
"According to the constitution, the National Assembly can be created if all lawmakers participate. It is not difficult to create a government," said Chhim Phal Vorun, an expert in constitutional law. "But the question is to make a functioning National Assembly, because we have to set up a structure in which all members elected, 123, can go to work."
Once the National Assembly is functioning, it can vote to create the new government, resolving a deadlock, he said.
"But if other parties do not participate in the process, the CPP alone cannot make a functional National Assembly," he said.
Thun Saray, president of the rights group Adhoc, said Tuesday the question was now whether the four main parties with seats in government will demand another round of elections.
Opposition leader Sam Rainsy said the parties were now working together to demand another round. Without a new election, the parties will not accept the result of Sunday's polls, he said.
"The only one way to avoid a crisis is to reorganize an election throughout the country," Sam Rainsy said.
Government spokesman Khieu Kanharith said Tuesday, however, the CPP can run a government and National Assembly on its own, if the other parties refuse to have their members sworn in.
"If they aren't sworn in, they will not have parliamentary immunity," he said without elaborating. "So they are not lawmakers by law, and in 60 days the National Assembly will open the session. So each party must think for themselves, starting now, whether they want to participate or not."
Members of the four parties planned to meet Wednesday.
National Election Committee Secretary-General Tep Nitha said there was no law for a second round elections. Parties can only request a recasting of ballots in stations where they can prove irregularities.
Even if a government were to go ahead, Sam Rainsy said his party, which won as many as 27 seats Sunday, would maintain a strong opposition voice in the National Assembly.
"There is enough voice to pressure the government to do a better job," he said. "We will go to the seat and serve the interests of voters by not giving up all the results we received, even though it was fraudulent."
The ruling party may have won a sweeping victory Sunday, but analysts say the government could still face a political crisis.
Cambodia has adopted a system of simple majority, or 63 National Assembly seats, for the formation of a government, a number of seats the ruling Cambodian People's Party appears to have won by a wide margin.
But analysts said that even the 90 seats claimed by the CPP after Sunday's election may not avert a deadlock, as the Cambodian constitution requires all National Assembly members to swear in following an election.
If the roughly 33 elected parliamentarians from four non-ruling parties refuse to be sworn in within the next 60 days, the Cambodian government will face a post-election crisis.
"According to the constitution, the National Assembly can be created if all lawmakers participate. It is not difficult to create a government," said Chhim Phal Vorun, an expert in constitutional law. "But the question is to make a functioning National Assembly, because we have to set up a structure in which all members elected, 123, can go to work."
Once the National Assembly is functioning, it can vote to create the new government, resolving a deadlock, he said.
"But if other parties do not participate in the process, the CPP alone cannot make a functional National Assembly," he said.
Thun Saray, president of the rights group Adhoc, said Tuesday the question was now whether the four main parties with seats in government will demand another round of elections.
Opposition leader Sam Rainsy said the parties were now working together to demand another round. Without a new election, the parties will not accept the result of Sunday's polls, he said.
"The only one way to avoid a crisis is to reorganize an election throughout the country," Sam Rainsy said.
Government spokesman Khieu Kanharith said Tuesday, however, the CPP can run a government and National Assembly on its own, if the other parties refuse to have their members sworn in.
"If they aren't sworn in, they will not have parliamentary immunity," he said without elaborating. "So they are not lawmakers by law, and in 60 days the National Assembly will open the session. So each party must think for themselves, starting now, whether they want to participate or not."
Members of the four parties planned to meet Wednesday.
National Election Committee Secretary-General Tep Nitha said there was no law for a second round elections. Parties can only request a recasting of ballots in stations where they can prove irregularities.
Even if a government were to go ahead, Sam Rainsy said his party, which won as many as 27 seats Sunday, would maintain a strong opposition voice in the National Assembly.
"There is enough voice to pressure the government to do a better job," he said. "We will go to the seat and serve the interests of voters by not giving up all the results we received, even though it was fraudulent."
9 comments:
Just go back to work. We all know everyone cheated.
Goverment itself regularly claimes that Cambodia is democratic country. One country can be a democratic unless the country respects rule of law, care of HR and so on.
Regarding to new gov'f formation, I do not want to see CPP abusing constitution as CPP spokesperson said with media. CPP and its associate cannot do what they want. CPP should use constitution and law as base.
What mr spokesperson told media are very urgly idea of one of CPP as whole.
For opposition, you will never wine if you all cannot find common goal together and work together. I appreciate when the four started unify one another although it is a bit late.
But if you really want to change Cambodia, the four learn to work togetehr from now up. The four will never win if you all cannot work together. "Unity is a live, breaking down is dead." this is the say for you all to consider.
I wish to see your alliance last longer. I do want to see it happens just a minute as lightening light.
Because previous alliance last jsut a minute, many people in Cambodia, including NEC official said that they have no suprised of your current alliance. It is a culture of opposition group. But for this time, I do not want to hear that words. Pls make your best. I hope you will have success.
Don't worry about the constitution. They will clean up all of the flaws soon enough.
Cheyo Ah Hun!!!
Fuck You Ah Khvack!!!
Go to Hell Ah Sen!!!
This government has always been de facto; it should remain like this, until someone in the administration cleans up the act.
The prime minister of Cambodia has never been a legitimate prime minister, because the government has been de facto since he stole the election, and now he has done it again.
Now, the international community needs to probe into the allegations of electoral fraud to ensure that the de facto prime minister does not repeat his past behavior.
Ah Sen worst nightmare
I havn´t comments more about the Khmers policy. The only comment that I endorse today to all Khmer people why their country fall to this way:
1) till 1970: The first primary failures was the Sihanouks´failures in Vietnam war, esp. with USA. Under neutral pseudonym allowed Sihanouk the Vietcong army operated in Cambodia soil against south Vietnam and also Cambodia as weaponsreloading point for this war. Maybe he thought die USA did knew nothing? (Dream). In order to ensure his momarchy in Cambodia, he as feudalism cooperated with the communist Vietnam, China und ..Which monarchy countries in the Globe cooperate with communist?
2- 1970: Under command of Khmer King (?) expeled Gen. Lon Nol the present of Vietnam army and Vetnam from Cambodia and after that bed Gen. Lon Nol prince Sihanouk to return home but failed, although the Russian president advised him to return, otherwise Cambodia will glided in the civil war. .......................................
3- 1993: His son´s party won the election sponsored by the UN, Ranaridt must leaded the whole Govt. But Sihanouk tried to make Cambodia a new post for CPP as 2 minister posts this land. Why Ranaridt won majority? because Cambodian people hated the communist, esp. influent from Vietnam. After this election Vietnam had no influent more but tried and tried with x-tricks, those for the west politician so complecated to understand as long as the CPP will be strong by today.
4- from now 2008: After win the election by cpp in 2008 Cambodia is fully under cotrol of Vietnam and its allie CPP and the Destiny of Khmer must to live under Indochina Forderation in SHADOW. NO WAY GET OUT AGAIN AND MAYBE THAILAND THE NEXT GOAL?
Comment from Cambodian academic who followed Khmer policy for 38 years.
why, who wants it? by trouble-makers and company? god bless cambodia.
think about it, they're only hurting the innocent, poor khmer people by prolonging and making trouble. now, please don't make yourself look bad. thank you and god bless cambodia.
four dump democracy lost to one smart yuon. so better don't cry now, babies. it is too late...
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