Opposition leader Sam Rainsy and SRP lawmakers Ho Vann and Mu Sochua have all been stripped of their immunity in legal spats with the government this year. Photo by: Heng Chivoan, Photo Supplied, Sovan PhilongTuesday, 17 November 2009
Meas Sokchea and Sebastian Strangio
The Phnom Penh Post
OPPOSITION leader Sam Rainsy was stripped of his parliamentary immunity for the second time this year during a closed National Assembly session on Monday, paving the way for his prosecution on charges related to the removal of posts marking the country’s border with Vietnam.
The Assembly’s vote was boycotted by lawmakers from the Sam Rainsy Party and Human Rights Party, who marched through the city holding a large map of Cambodia aloft in protest.
In a statement released after the motion, which was supported by all 87 lawmakers present, the SRP accused the ruling Cambodian People’s Party of caving to pressure from Hanoi.
“This measure has violated the Constitution of the Kingdom of Cambodia, and it shows that that the Cambodian authorities have merely enforced a Vietnamese government order,” said the statement.
The Assembly’s vote paves the way for Sam Rainsy’s prosecution by Svay Rieng provincial court with regard to an October 26 incident in Svay Rieng’s Chantrea district, where he helped uproot six wooden posts that villagers say were placed illegally by Vietnamese authorities.
His action prompted a storm of protest from Hanoi, which said his “perverse” act had interfered in the two countries’ sensitive border-demarcation process.
Speaking by phone from Paris, Sam Rainsy said the lifting of his immunity was an “alarming sign”, but that his allegations of Vietnamese border incursions were based on facts about threats to Cambodia’s territorial integrity. In other border provinces – especially Kampong Cham – he said villagers have made similar complaints to him about Vietnamese encroachments.
Sam Rainsy said he did not yet know when he would return to Cambodia, but that he is scheduled to meet with the Geneva-based Inter-Parliamentary Union and the European Parliament, where he will discuss border encroachments in addition to other political and human rights issues.
“The incident in Svay Rieng is just one example of the totalitarian drift of this country,” he added.
Speaking at the Council of Ministers on Monday evening, Var Kimhong, senior minister in charge of border affairs, said the Assembly had suspended Sam Rainsy’s immunity because he destroyed border markers agreed between the two countries.
He said the border posts were placed on the basis of treaties signed in 1985 and 2005, and that although land had been ceded to Vietnam in some areas, it was compensated by gains elsewhere.
“We did [border demarcation] by bipartisan agreement.... We did not allow Vietnam to take action based on their own decisions,” he said.
Nguon Nhel, first deputy president of the Assembly, dismissed the SRP claim that the government was acting under orders from Vietnam.
“The decision to revoke Sam Rainsy’s immunity does not come at the request of any nation. Cambodia is a sovereign and independent nation ... not a colony of any foreign country.”
Monday’s vote was the fourth time this year that an SRP lawmaker’s constitutional immunity has been revoked. On June 22, the Assembly suspended the immunity of SRP lawmakers Mu Sochua and Ho Vann after senior government officials filed lawsuits against them. Sam Rainsy was also stripped of his immunity in February, forcing him to pay a fine to the National Election Committee.
The action drew widespread criticism from human rights activists, who said it undermined the freedom of representatives to perform their duties.
“Every time [lawmakers] say anything controversial or critical, they’re in danger of having their immunity lifted,” said Sara Colm, a researcher for Human Rights Watch.
She said that during the current diplomatic spat with Thailand, discussion of border issues, particularly with Vietnam, were a particular sore point for the government.
“Most people are reluctant – if not fearful – to press any criticisms of the relationship between the two countries,” she said.
Rong Chhun, president of the Cambodian Independent Teachers Association (CITA), repeated SRP claims that the action was intended to “satisfy neighbouring countries”. Others said allegations of Vietnamese encroachments should have been investigated.
“If they were found to be true, we should have debated it as a political issue,” said Chan Soveth, a programme officer at rights group Adhoc.
Kek Pung, president of rights group Licadho, said the suspensions undermined the constitutional role of parliamentarians.
“It’s a kind of protection. If their immunity is lifted so easily, it can affect their work,” she said. “And who at the end will be the victims? The Cambodian people.”
The Assembly’s vote was boycotted by lawmakers from the Sam Rainsy Party and Human Rights Party, who marched through the city holding a large map of Cambodia aloft in protest.
In a statement released after the motion, which was supported by all 87 lawmakers present, the SRP accused the ruling Cambodian People’s Party of caving to pressure from Hanoi.
“This measure has violated the Constitution of the Kingdom of Cambodia, and it shows that that the Cambodian authorities have merely enforced a Vietnamese government order,” said the statement.
The Assembly’s vote paves the way for Sam Rainsy’s prosecution by Svay Rieng provincial court with regard to an October 26 incident in Svay Rieng’s Chantrea district, where he helped uproot six wooden posts that villagers say were placed illegally by Vietnamese authorities.
His action prompted a storm of protest from Hanoi, which said his “perverse” act had interfered in the two countries’ sensitive border-demarcation process.
Speaking by phone from Paris, Sam Rainsy said the lifting of his immunity was an “alarming sign”, but that his allegations of Vietnamese border incursions were based on facts about threats to Cambodia’s territorial integrity. In other border provinces – especially Kampong Cham – he said villagers have made similar complaints to him about Vietnamese encroachments.
Sam Rainsy said he did not yet know when he would return to Cambodia, but that he is scheduled to meet with the Geneva-based Inter-Parliamentary Union and the European Parliament, where he will discuss border encroachments in addition to other political and human rights issues.
“The incident in Svay Rieng is just one example of the totalitarian drift of this country,” he added.
Speaking at the Council of Ministers on Monday evening, Var Kimhong, senior minister in charge of border affairs, said the Assembly had suspended Sam Rainsy’s immunity because he destroyed border markers agreed between the two countries.
He said the border posts were placed on the basis of treaties signed in 1985 and 2005, and that although land had been ceded to Vietnam in some areas, it was compensated by gains elsewhere.
“We did [border demarcation] by bipartisan agreement.... We did not allow Vietnam to take action based on their own decisions,” he said.
Nguon Nhel, first deputy president of the Assembly, dismissed the SRP claim that the government was acting under orders from Vietnam.
“The decision to revoke Sam Rainsy’s immunity does not come at the request of any nation. Cambodia is a sovereign and independent nation ... not a colony of any foreign country.”
Monday’s vote was the fourth time this year that an SRP lawmaker’s constitutional immunity has been revoked. On June 22, the Assembly suspended the immunity of SRP lawmakers Mu Sochua and Ho Vann after senior government officials filed lawsuits against them. Sam Rainsy was also stripped of his immunity in February, forcing him to pay a fine to the National Election Committee.
The action drew widespread criticism from human rights activists, who said it undermined the freedom of representatives to perform their duties.
“Every time [lawmakers] say anything controversial or critical, they’re in danger of having their immunity lifted,” said Sara Colm, a researcher for Human Rights Watch.
She said that during the current diplomatic spat with Thailand, discussion of border issues, particularly with Vietnam, were a particular sore point for the government.
“Most people are reluctant – if not fearful – to press any criticisms of the relationship between the two countries,” she said.
Rong Chhun, president of the Cambodian Independent Teachers Association (CITA), repeated SRP claims that the action was intended to “satisfy neighbouring countries”. Others said allegations of Vietnamese encroachments should have been investigated.
“If they were found to be true, we should have debated it as a political issue,” said Chan Soveth, a programme officer at rights group Adhoc.
Kek Pung, president of rights group Licadho, said the suspensions undermined the constitutional role of parliamentarians.
“It’s a kind of protection. If their immunity is lifted so easily, it can affect their work,” she said. “And who at the end will be the victims? The Cambodian people.”
22 comments:
Sam Rainsy's people have been told not to mess around with our master Vietnam, we served, protected our master interest friendship treaty forever.
Dear All Cambodian MPs,
The current action against Mr. Sam Rainsy has made me wonder and worry about Cambodian sovereignty. Mr. Sam Rainsy was just trying to protect the poor Cambodians whose rice fields have been violated. As per suggested by the King father also from MP Son Chhay, the Cambodian National Assembly should form a group which consists all the three parties, then goes to visit the place. If the posts were actually installed in the rice field as claimed, the Cambodian National Assembly must invite Mr. Var Kim Hong to explain why his technical team came to this agreement to install the posts inside Cambodian territory, especially on someone’s properties. This should be a simple resolution by just invite Mr. Va Kim Hong to explain how the technical decision were made. Mr. Sam Rainsy’s reaction to the situation was not different to any Cambodian who loves his/her own country.
I would like to ask all MPs, please use your conscience to balance your short term personal benefit versus the long term lost forever of Cambodian territory
MP Sam Rainsy immunity shall be intact although what he did was to respond to his constituents.
People own the country and land not a handful of yoyo in Nat Ass.
Do not advocate for people rights because it is a crime in Nam Benh-Cambod.
The problem is Sam Rainsy, not Hun Sen. As long as Sam Rainsy is the leader of opposition, Hun Sen will rule for ever. You can quote me for that!
Sam Rainsy’s leadership is too weak and uninspiring. He has not proved himself up to the challenges, and he is known to have made numerous tragic and costly mistakes. He could have made alliance with FUNCIPEC to counter CPP, yet he did the opposite with his 50+1 rule. He could take strong action to protest when Mu Sochua immunity was lifted, he didn’t do it… and the list goes on. Does he have any foreign country (USA, China, Russia or France ...etc) willing to BACK him and his party behind the closed door? The answer is no, and there is a good reason for that. Those countries don’t see him as a potential PM.
Folks, we can not save the country from yuons with candle light, bon takhen at pagoda …etc. We need a leader with a clear and decisive plan, and most important of all a leader who is not afraid to take bold measures. As the white guys say, we need a leader with balls. Over the last thirty years, Sam Rainsy has not shown any of those attributes.
If we want to unseat Hun Sen and free the country from yuons, the first thing to do is to replace Sam Rainsy. He is the bottle neck that blocks other nationalists to come together to free the country from yuons.
The 3 stooges!
Sam rainsy should go to bangkok and advide abhisit on how to overthrow hun sen.
10:49 PM
Too much bushit....must remove you first and then ah kwack next if khmer wants free from youn..
To 10:49
You're good in critizing especially after the facts! I concurred that there is no way Raingsy will win the election under the present circumstances but not entirely because of Sam Raingsy but because the way the government was set up (everything under CPP rules) If you're that good why don't you go to Cambodia to replace Raingsy? I doubt you have the guts to do what Raingsy did? Put yourself in his shoes, think first before barking! would you! unless you are a loyal CPP member? Bottom line, don't waste your time to analyze.
10:49pm SOUND LIKE YOU SAY IF YOU WAS NOT BORNED YOUR MOTHER WOULD NOT BE FUCKED BY YOUR STUPID FATHER!
WERE YOU BORNED FEET FIRST?
The big picture is instead of protesting of current government carving to Vietnam instead it should be call in the International community to come and verify the official border vs. current marking?
http://www.transparency.org/policy_research/surveys_indices/cpi/2009/cpi_2009_table
Cambodia Rank 158
(Berlin, Transpearancy Internationl ranking for 2009)
How often do you see that in foreign countries?
Gentlemen
Var Kimhong confirmed that the posts were placed based on the bilateral treaties in 1985 and 2005and some are ceded to vietnam and some are compensated to cambodia.
Unquestionably,Var Kimhong can provide details of those agreements to national assembly for properly addressed the issue that faces majority of cambodians.
a)3 maps can be provided and point out the differences of areas lost and gained.
b)Why and how the agreements were reached?
c)Why previous treaty was ignored?
d)Why members of NA were not aware of such agreement?
d) in the case of areas lost and affect the villagers/farmers, what sort of strategy implemented to satisfy cambodian citizens in needs.
All these are now in the hand of Var Kimhong to explain to NA and cambodians.
Samrainsy immunity should be intact as it is the national matter needs to be clarified, neither provincial court nor Vietnam PM has influence over the matter.
It is a gross misconduct to ignore cambodians' rights to know of what happend, and the use of court to shut up any expression of interest of cambodians, particularly to MPs who voice to serve cambodians.
Please let's history written by cambodians, and serve NO more surprises to cambodian interests.
Neang SA
1)This matter concerns only the political supporters of the sam rainsxy party’s .This matter does not concern all Khmers which in the vast majority of them do not care what happened to these mediocre politicians.
2)Cambodians today need job, a better life, they will not be manipulated by opportunistic politicians like in the recently past.
Democratic Kampuchea Pol Pot Khmer Rouge Regime had committed:
Tortures
Brutality
Executions
Massacres
Mass Murder
Genocide
Atrocities
Crimes Against Humanity
Starvations
Slavery
Force Labour
Overwork to Death
Human Abuses
Persecution
Unlawful Detention
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed:
Attempted Murders
Attempted Murder on Chea Vichea
Attempted Assassinations
Attempted Assassination on Sam Rainsy
Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leaders of the Free Trade Union
Assassinated over eighty members of Sam Rainsy Party.
"But as of today, over eighty members of my party have been assassinated. Countless others have been injured, arrested, jailed, or forced to go into hiding or into exile."
Sam Rainsy LIC 31 October 2009 - Cairo, Egypt
Executions
Executed members of FUNCINPEC Party
Murders
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered Khim Sambo
Murdered Khim Sambo's son
Murdered members of Sam Rainsy Party.
Murdered activists of Sam Rainsy Party
Murdered Innocent Men
Murdered Innocent Women
Murdered Innocent Children
Killed Innocent Khmer Peoples.
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Brutalities
Police Brutality Against Monks
Police Brutality Against Evictees
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Abuses
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation on Sokha Helicopter, while Hok Lundy and other military officials were on board.
Illegally Sold State Properties
Illegally Removed Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country.
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Use Dead people's names to vote for Cambodian People's Party.
Disqualified potential Sam Rainsy Party's voters.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity
Persecution
Unlawful Detention
Death in custody.
Under the Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed crimes against journalists, political opponents, leaders of the Free Trade Union, innocent men, women and children have ever been brought to justice.
3.07 am, right oh, you now played into the yuon trap. yes, only jobs, jobs, how many people unemployed in cambodia ? who destroyed the forest, natural resources leading to loss of livlelihood ?
perhaps there is a method to his madness, you know!
Instead of muzzling the leader of the opposition, the government should size this opportunity to explain to Cambodians how the border poles ended up on someone's property. By lifting the immunity of the leader of the opposition's leader, want it or not, the government shows that they are subservient to Vietnam especially after Nguyen Tan Dung condemned Sam Raingsy and asked for punishment. By not clarifying how the posts were installed in Khmer people rice field, the government left all the doubts in people mind intact which will be in the long run back fire. The problem will emerge again one day and can ruin the credibility of the border demarcation and stir up the nationalist sentiment amongst Cambodians. Secondly, the Government should be cleverer by showing some respect to the opposition by not lifting the immunity for such a thing. By so doing they give some credibility to their claim of democracy. After all, CPP has nothing to be afraid of in openly debating the matters and putting it to rest if they were firmly convinced of the righteousness of the government in this matter. It’s always better to look at the big picture and confronting the problem instead of burying it.
To deal with the crimial leaders in Cambodia, such as Hun Sen, simply shoot him in the head. They love eating bullets than diplomatic or other means.
10:49
Your analysis on Sam Rainsy does not help Cambodia. It's short-sighted, unrealistic and pro-CPP position. Funcinpec will always be married to CPP for the sake of corruption. This party lost its principles, credibility many times over, and you are so dumb to see that. The 50+1 ruled give you and Cambodian people a real chance of making a difference. If the Cambodian people are so dumb, including yourself, not to see Cambodia is on the road to another Kampuchea Krom, then I am sorry to say that time is nearly running out for Khmers. Play a Kwak's game, and you will loose your land for good. 89 millions to 15 millions. It doesn't take much more time, given the strength of Vietnam's economy compared to Cambodia. Your all will be calling Nam Yang just the way Vietnamese never called it Phnom Penh. So, get your act together, if you consider yourself Khmer. Look at the big picture. Sam Rainsy is not going to live for ever, but look at what he has accomplished as a political party. Anyone does better than him? Name me one?
Thank you Chamroeun for your comment.
We tend to compete with one another or any political color with wars of words.
This will become a conflict that we engage ourselve in.
Conflicts, most of the time,get confused by our interests. They are individual and social interests. Once we have a clear view about them, then we can start fairly look into our people interests.
To achieve social interests, there will be some personal sacrifice to be made. And SR act to protect poor villagers is standing high.
Cambodians praise for that.
Neang SA
AH SIAM MUST DIE DIE DIE!!!!!
I want my Khmer boy life back!!!!!
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