By Kong Sothanarith, VOA Khmer Original report from Phnom Penh
17 March 2009
The recent stripping of immunity for opposition leader Sam Rainsy amounts to the wrongful application of the law, civil society and opposition lawmakers said Monday.
The Permanent Committee of the National Assembly voted to revoke Sam Rainsy’s immunity late last month, when the opposition leader failed to pay election campaign fines.
His immunity was restored last week, after the $2,500 in fines were paid, but observers say the vote against it displayed political pressure by ruling Cambodian People’s Party, which won a landslide victory in 2008 National Assembly elections and has all 12 seats of the Permanent Committee.
“The suspension of the immunity of…Sam Rainsy is against the constitution,” said Yim Sovann, spokesman for the opposition party. “It affects the role of opposition lawmakers and it lessens democracy.”
Until the recent vote, no lawmaker since the 1993 founding of the Kingdom of Cambodia had seen immunity revoked only by the Permanent Committee. Sam Rainsy and SRP lawmaker Cheam Channy had their immunity pulled by a full National Assembly session vote a few years ago.
“We doubt the application of the law” in the most recent vote, said Koul Panha, executive director of the Committee for Free and Fair Elections. “For this type of fault, [immunity suspension] should not be executed in this way.”
CPP officials say the constitution allows the Permanent Committee to vote on immunity.
The vote was made under Article 80 of the constitution, said CPP lawmaker Chheang Von.
“According to the article, the Permanent Committee can suspend or take away the immunity of a member of parliament when the National Assembly is on leave,” he said.
The full National Assembly was out of session at the time Sam Rainsy’s immunity was stripped.
Chheang Von denied concerns from civil society and the opposition of a CPP abuse of authority.
“If the CPP were making pressure, Sam Rainsy should receive double the fine, for trying to avoid paying his fine to the NEC,” he said.
The Permanent Committee of the National Assembly voted to revoke Sam Rainsy’s immunity late last month, when the opposition leader failed to pay election campaign fines.
His immunity was restored last week, after the $2,500 in fines were paid, but observers say the vote against it displayed political pressure by ruling Cambodian People’s Party, which won a landslide victory in 2008 National Assembly elections and has all 12 seats of the Permanent Committee.
“The suspension of the immunity of…Sam Rainsy is against the constitution,” said Yim Sovann, spokesman for the opposition party. “It affects the role of opposition lawmakers and it lessens democracy.”
Until the recent vote, no lawmaker since the 1993 founding of the Kingdom of Cambodia had seen immunity revoked only by the Permanent Committee. Sam Rainsy and SRP lawmaker Cheam Channy had their immunity pulled by a full National Assembly session vote a few years ago.
“We doubt the application of the law” in the most recent vote, said Koul Panha, executive director of the Committee for Free and Fair Elections. “For this type of fault, [immunity suspension] should not be executed in this way.”
CPP officials say the constitution allows the Permanent Committee to vote on immunity.
The vote was made under Article 80 of the constitution, said CPP lawmaker Chheang Von.
“According to the article, the Permanent Committee can suspend or take away the immunity of a member of parliament when the National Assembly is on leave,” he said.
The full National Assembly was out of session at the time Sam Rainsy’s immunity was stripped.
Chheang Von denied concerns from civil society and the opposition of a CPP abuse of authority.
“If the CPP were making pressure, Sam Rainsy should receive double the fine, for trying to avoid paying his fine to the NEC,” he said.
5 comments:
It is very shame for Cambodian CPP members who have elected people with very low level of education and couldn't read the constitution properly to have abuse the constitution by lifting Mr Sam Ransy immunity without think of the impact of their action. Even small children in the streets can also understand that Mr Sam Ransy didn't get his immunity from National Assembly at all. He got it authomatically by National GENERAL ELECTION. THerefore no one can lift his immunity even the King. THe only chance to list his immunity is to stop him from next election to win a sit in the parliament. As he is a leader of his party, there is no way to stop him for gaining a sit in the parliament. The same time, Cambodian police should also invite all members who have involved in abusing the constitution to resign.
Mr Sam Rainsy is a Leader of a main opposition party, therefore he is the Statemen No 3 in Cambodia after the King and the Prime Minister. He desrves for his full respect and his full National protection of his personal security as a Leader of a country. The article 79 has stated clearly that he is not only a deputy of his electorate but for the whole Nation.
In a multi-parties Parliament, Chairman of the National Assembly( Heng Sam Rin ) is only a facilator of the House. He cannot compare to Mr Sam Ransy al all who is a leader of opposition of the country. Areak Prey
As long as this CPP gangster rule the country, Cambodia still remain
The lawless country with corruptions and the poorest country in
the Southeast Asia.
As long pouk Ah Evil Scam Rainxy continues to sabotaging the Khmer economy, the people will continue to suffer. That's all there is to it.
although i do not support Sam Rainsy I think he's the only man who's willing to stand up to cpp. Sam rainsy is an ok man, but he's not my type of leader, cambodia needs someone else for pm position. Preferably someone from the younger generation with a fresh ideas who can develop and restore cambodia's economy.
Cambodia does not discriminate against age. If you got it, you got it.
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