August 27, 2008By Sourn Serey Ratha
Guest Commentary
UPI Asia Online
Cranston City, RI, United States, — The full implementation of the 1991 Paris Peace Agreement is the only alternative to lead Cambodia toward freedom and democracy.
Presently, Cambodia is a police state just as were Poland, Czechoslovakia, Hungary and Bulgaria during their occupation by the Red Army of the Soviet Union. The elections in Central Europe during the Red Army occupation were merely a masquerade for the communist control of these countries by the Soviet Union.
It was the same in the Cambodian parliamentary elections held last month. The European Union said the elections failed to meet international standards because they were biased in favor of the ruling party. Prime Minister Hun Sen's Cambodian People's Party claimed a landslide victory, ensuring that he will keep the seat he has held for 23 years.
In the same way as the police states of Central Europe, the Cambodian People’s Party has absolute control of all aspects of Cambodian life: the police, the army, the administration, education, healthcare, the economy, land, real estate, natural resources and the National Election Committee, without transparency and true representative oversight.
As in Central Europe then, elections in Cambodia are a sham.
Although less apparent, the People's Army of Vietnam's occupation of Cambodia was comparable to the Soviet Union's Red Army's occupation of the Eastern European countries. Prime Minister Hun Sen once publicly admitted in a speech broadcast on national radio, "Yes, I am a Vietnamese puppet. More than 100,000 Vietnamese soldiers still occupy Cambodia."
Hence, Vietnam had Cambodia under its thumb.
While under Vietnam's control, CPP leaders signed the 1979, 1982, 1983, 1985 and 2005 treaties with Vietnam in violation of Cambodia's territorial integrity and sovereignty, and ceded lands and territorial seas to Vietnam, Laos and Thailand.
Through these treaties, millions of Vietnamese flooded into Cambodia, and the majority of them have been authorized by the NEC to vote for the CPP, out a total of 8 million voters. Simultaneously, several hundred thousand legitimate Cambodians had their voting rights "ripped off," according to Puthea Hang, executive director of the Neutral and Impartial Committee for Free and Fair Elections in Cambodia. Without a doubt, these millions of immigrant Vietnamese voters have artificially increased the number of CPP-elected members.
How can we rectify the wrongs committed by the CPP and the Socialist Republic of Vietnam, the Kingdom of Thailand and the Lao People's Democratic Republic toward Cambodia?
The solution is the integral implementation of the Paris Peace Agreement of Oct. 23, 1991.
Under the CPP's watch, the elections have always been manipulated, rigged, unfair, and undemocratic.
To reach the full implementation of the 1991 Paris Peace Agreement, we urge the opposition parties to stick to the following strategy in two stages:
The two main opposition parties, the Sam Rainsy Party and the Human Rights Party must, as they have already done, reject the results of the July 27 election and continue to do so.
What exactly does it mean? This means that SRP and HRP must agree that they were awarded respectively 26 and three "elected members,” but they must claim that they should have obtained more than 29 seats. Therefore, they are contesting the validity of the mandate of the 90 CPP-elected members to the Parliament.
Simply put, the three opponent parties are not rejecting their own 29 "elected members" to Parliament.
Hence, Article 118 E. of the Electoral Laws did not apply to these 29 "elected members.” Therefore, the NEC cannot rip off the mandate of these 29 "elected members" of SRP and HRP to distribute these 29 seats to other parties, as Hun Sen declares.
The first line of Article 76 of the Constitution of the Kingdom of Cambodia stipulates that the National Assembly consists of at least 120 members. This article will block the Fourth National Assembly from being fully constituted if any four of the "elected members" refuse to participate in the first session of the Fourth National Assembly.
So, it needs only the non-participation in the first session of the Fourth National Assembly of any four "elected members" of SRP and HRP to block the Fourth National Assembly from being fully constituted.
Conversely, if 120 "elected members" participate in the first session of the Fourth National Assembly – which will be convened by the king or, in his absence, Senate President Chea Sim – on Sept. 24, then the Fourth National Assembly will be de facto officially constituted because the CPP has at its disposal 90 "elected members.”
"With a super majority of two-thirds, you can appoint a horse as president," a U.S. congressman once said.
Hence, a fortiori, the CPP with its 90 elected members – more than the two-thirds majority, and more than the number required for a quorum of 87 – can appoint anyone as president and the next day can strip that person of all parliamentary immunity rights, then put him on trial by a kangaroo court and execute him as a traitor to the nation. Such a kangaroo court already condemned Norodom Rannaridh in absentia as a traitor.
Hence, the 90 seats for the CPP are not acceptable because they indicate that the elections were not really free and fair. In a true democracy, no political party would get more than a two-thirds majority. Only when the elections are not free and fair, such as under communism or fascism, can one party get more than a two-thirds majority of seats.
With 90 CPP "elected members,” Cambodia will be forever under the dictatorship of the CPP.
According to NEC rules, the first session of the Fourth Assembly is to be held on Sept. 24. Therefore, according to article 78, the mandate of the Third National Assembly will terminate on Sept. 24. From that day on the Hun Sen regime will become the caretaker government, legally empowered only to conduct routine business, and will have no political and economic mandate to act on behalf of Cambodia. This already happened during 11 months of 2003-2004 until the unconstitutional package vote put an end to the stalemate.
If four "elected members" refuse to participate in the first session of the Fourth National Assembly, then Cambodia will have neither a National Assembly nor a government.
Therefore, by blocking the Fourth Assembly from being fully constituted, the king, if he has the courage to do so, can ask for new elections to be organized and supervised by the United Nations, which is the only way to bring about the full implementation of the 1991 Paris Peace Agreement.
This is the only way to cut the Gordian knot and dismantle the police state that has ruled Cambodia since the signature of the 1991 Paris Peace Agreement.
--
(Sourn Serey Ratha is chief of mission of the Action Committee for Justice and Equity for Cambodians Overseas, based in Rhode Island, United States. He was born to a farmer's family in Cambodia, earned B.A. degrees in law and sociology in Phnom Penh and an M.A. in international policy from Mara University of Technology in Malaysia. He has been a social activist for his country on the national and international levels since 1997. ©Copyright Sourn Serey Ratha.)
7 comments:
Government to investigate impact of sand dredgers
Written by Kay Kimsong, Thet Sambath and Hor Hab
Wednesday, 27 August 2008
Phnom Penh Post.
Hundreds of thousands of tonnes of sand from the Mekong are being sucked from the banks and shipped to Singapore, which some say could be destructive.
The Ministry of Water Resources is set to investigate and possibly ban dozens of illegal sand-pumping companies on the Mekong River, ministry officials told the Post Tuesday.
"We will take measures against companies that illegally pump sand along the Mekong," said Secretary of State Veng Sakhon.
Singapore has been buying massive amounts of sand to expand its land, but has had trouble sourcing the material.
Indonesia and the Philippines are among the countries that have banned most sand sales because of its destructive impact on riverbeds and shorelines.
Cambodia is one of the only countries that still allows sand dredging in protected areas.
Veng Sakhon said Minister of Water Resources Lim Kean Hor has already reported to Prime Minister Hun Sen about illegal sand-pumping companies, especially boats pumping sand along the river in Russey Keo district's Kien Klang commune.
"Hun Sen agreed with the minister on the need for action," Veng Sakhon said. "He will make a decision this weekend," he said.
He added that some mobile pumping companies plying the rivers claim to be doing business in the name of high-ranking government officials.
"Some businesses claim that they know this or that official, but we don't believe them," Veng Sakhon said.
"We need an investigation." He added that other companies use falsified licences to stay in operation.
Illegal sand pumping contributes to bank erosion along the Mekong and could seriously affect the lives of villagers near the river, Veng Sakhon said.
"I have received several complaints from villagers and officials about illegal sand pumping," he said.
But the ministry has also encouraged legal businesses to export sand to Vietnam and Singapore.
20 licensed companies
Pov Chantha, director general for Sand Resource Co Ltd, said his company exported a total of 200,000 square metres of sand to Singapore via Vietnam in the first half of 2008.
Sand Resource, established earlier this year, is one of at least 20 licensed companies shipping sand to Singapore, Pov Chantha said, adding that due to its high quality, Cambodia's mountain and river sand sells for as much as US$6 per square metre in Vietnamese ports.
Our sand is much better quality than sand available in Vietnam.
"Cambodia exports directly from Phnom Penh to Singapore, and we pay import and export taxes," said Pov Chantha.
"The Mekong has never been dredged, and if we did not pump sand it would become too shallow in the future."
He said that, as a legal business, Sand Resource has paid $200,000 to Cambodia's customs department and the Ministry of Industry, Mines and Energy for its exports and the same amount to the Vietnam Tax Department at the Vietnamese port.
Cambodia exports sand to Singapore principally for use in beaches, construction and road building.
"We can export as much as the market needs," Pov Chantha said. "Our sand is much better in quality than sand available in Vietnam."
Pov Chantha questioned what he said is excessive taxation by the government, saying that the Mekong River was as much as 20 metres deep during the 1960s but is now only about eight metres.
"I wonder why the government is even taxing us at all because we are helping to make the river deeper," he said.
"I have heard that the ministry once sought $100 million in financing to pump out silt from the river."
He also questioned the potential impact that pumping sand could have on the river banks.
"I don't think riverbanks along the Mekong and Tonle Bassac will collapse because of sand-pumping companies, but rather because of the flow of water during the rainy season," he said.
Ith Praing, secretary of state at the ministry, said sand is a national mineral and should be properly controlled by a joint committee with the Ministry of Water Resources.
Complaints filed
Dang Chamroeun, first chief of Chruoy Changvar commune, said there are a few hundred boats dredging sand from the river each day along the banks of the peninsula, especially along National Road 6A.
"Local residents have filed complaints to related ministries for authorities to take action but have received no answer," Dang Chamroeun said.
He said commune authorities used to catch the boats, but they were released after four or five days and continued dredging in the same place. "The people feel disappointed with that," he said.
Residents fear that their homes will eventually fall into the river if the dredging continues and the river gets deeper, he said.
He added that one house in Deum Koe village has already been destroyed by eroding banks and many others have been abandoned.
"I don't understand the technical studies about the effects of dredging or the licences companies hold to do business," Dang Chamroeun said.
He said there were no problems in the area before the dredging started but that villagers in Prek Pra commune along the Bassac River now fear that dredging will result in eroding riverbanks.
Most disturbing to conservationists is the presence of sand dredging in protected areas where companies are apparently operating without permission from the Ministry of Environment," he said.
"If you take too much sand from a river, it affects the shore and the forests nearby ... some of the areas the companies are operating are very sensitive," said Bunra Seng, the country director of Conservation International (CI).
He said CI is monitoring sand dredging in the Central Cardamom protected forest.
Hun Sen you don't have any power on these high ranking officials do you?
You and your party are really bunch of jokers, just like these high ranking officials.
Mr. Hun is very afraid of other high-ranking officials in Cambodia, which means he can be taken out at any time if he refused these big guys.
Mr. Hun only in charge of the weakest Cambodian people, while he's powerless with others, because he's afraid that he would be toppled.
Mr. Sok Kong and Hok Lundy are also his bosses.
Yes, this temple guy is very afraid indeed!
be realistic, would you! the cpp has already won the majority votes and seats. this small glitch in the process won't make a big difference. that said, though, this form of protest ought be to set a good example for future process as to better serve cambodia is another story, but to protest the whole process, is ludicrous. god bless.
To all Cambodians over sea, please help Mr. Sam Ransy and Mr. Kem
Sokha to push this gangster CPP out from the power.
Good writing Mr. Sourn Serey Ratha, thank you for helping Cambodia.
May god bless all Cambodians.
One day when Mr. Hun show anti-American sentiment against the US, then that will be the day, and will be the last day Mr. Hun be out of power, and the rest of his clans' days are numbered!
I know that Mr. Hun does not like the US, but he was informed by his advisors not to attack the US, because he will be forced out of power.
Hah..lol lol..
Why these Khmers like to dream for something won't come true?
Three nations can force Hun Sen out are China, Russia and US, but it won't happen any time soon.
Don't forget Russia. Recently Russia proved the US she is not afraid of anyone. It is a threat to the US saying "mind of your business whoever I want to invade".
Looklike Russia is going to create a new nation in South Ossetia used to be part of Georgia.
Surrpise ha!!! lol lol..
Russia is one of the big investor in Cambodia, and Russia is China's best friend.
Hun Sen stays until they can get all juice and meat from Cambodia.
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