Hun Sen government must resign because of its inability to resolve border crisis and its disrespect for the Constitution

22 June 2011

HUN SEN GOVERNMENT MUST RESIGN BECAUSE OF ITS INABILITY TO RESOLVE BORDER CRISIS AND ITS DISRESPECT FOR THE CONSTITUTION

The Hun Sen government must resign because of its inability to effectively defend Cambodia’s territorial integrity in the face of a dangerous aggression by Thailand in the areas surrounding Preah Vihear temple and other smaller temples in the north and northwest of the country.

The only effective way to defend Cambodia against any foreign aggression is through peaceful means, notably by calling for the implementation of the 1991 Paris Agreements on Cambodia.

On several occasions, Members of Parliament from the opposition Sam Rainsy Party have proposed to the Government to call on all the signatories of the Paris Agreements to respect their obligations as stated in the Agreements, but to no avail.

Most recently, on 6 June 2011, a group of opposition MPs officially wrote to Prime Minister Hun Sen asking him to elaborate on the reasons why he had refused to consider this most legitimate and most reasonable proposal (see below our 8 May 2011 statement “Hun Sen to explain why his government has yet to call for the implementation of the Paris Agreements”).

But as of today, the government has not bothered to reply to our request for explanation, a request which we made in our capacity as elected representatives of the people. This constitutes a serious violation of the Constitution, whose Article 96 stipulates that the government must respond to any letter from any Member of Parliament within seven days.

The Hun Sen government has shown its inability to resolve the dangerous border crisis with Thailand, to defend Cambodia’s territorial integrity and to avoid bloodshed. It has shown its incompetence in handling international relations and in ensuring the implementation of relevant international treaties. The Hun Sen government must all the more resign from office after showing its disrespect for the country’s supreme law regarding relations between Government and Parliament.

SRP Members of Parliament

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8 May 2011

HUN SEN TO EXPLAIN WHY HIS GOVERNMENT HAS YET TO CALL FOR THE IMPLEMENTATION OF THE PARIS AGREEMENTS TO HELP DEFEND CAMBODIA

On 6 May 2011 a group of opposition members of parliament officially wrote to prime minister Hun Sen the following letter (translation from Khmer):

To: Prime Minister Hun Sen.

By kindness of: National Assembly President Heng Samrin.

Subject: Implementation of the 1991 Paris Agreements on Cambodia.

Considering:

• Article 96 of the Constitution (which compels the Government to respond to any question from any Member of Parliament within seven days).
• The 1991 Paris Peace Agreements on Cambodia.
• Opposition leader Sam Rainsy’s 11 February 2011 letter to Prime Minister Hun Sen (about legal and peaceful means to defend Cambodia against a foreign aggression).

We, the undersigned Members of Parliament, would like to ask you why the Government has not yet called on the international community, especially the signatories of the 1991 Paris Agreements on Cambodia, to effectively and immediately implement these Agreements at a time when Cambodia is facing an obvious aggression from Thailand.

We would like to remind you that the Paris Peace Agreements not only recognize the right of Cambodia to call for help from the international community when our country feels threatened -- let alone aggressed -- by any other country, but they also spell out the obligation of all the signatories to respond to such a call. Moreover, they specify the mechanisms whereby the international community has to effectively, actively and quickly respond to Cambodia’s call.

Article 5 of the “Agreement Concerning the Sovereignty, Independence, Territorial Integrity and Inviolability, Neutrality and National Unity of Cambodia” says:

1. In the event of a violation or threat of violation of the sovereignty, independence, territorial integrity and inviolability, neutrality or national unity of Cambodia (…) the parties to this agreement undertake to consult immediately with a view to adopting all appropriate steps to ensure respect for these commitments and resolving any such violations through peaceful means.
2.  Such steps may include, inter alia, reference of the matter to the Security Council of the United Nations or recourse to the means for the peaceful settlement of disputes referred to in Article 33 of the Charter of the United Nations.
3.  The parties to this Agreement may also call upon the assistance of the co-Chairmen of the Paris Conference on Cambodia [France and Indonesia].

We would like to also remind you that in 1991, eighteen friendly countries signed the Paris Agreements on Cambodia. Among them there were all the world powers (USA, China, Soviet Union/Russia, UK, France, etc.) and all Cambodia’s neighboring countries including Thailand.

In short, the Paris Agreements represent the most important and the most effective legal instrument for the defense of Cambodia’s territorial

integrity and for justice to be rendered to the Cambodian people as H.E. Sam Rainsy has already explained to you.

Therefore we ask you to tell us the reasons why your government has yet to call on the signatories of the Paris Agreements to respect their commitments to help Cambodia in the critical situation our country is facing now.

Please kindly and appropriately answer our question.

Sincerely,

[Names and signatures of MPs from the Sam Rainsy Party: Kuoy Bunroeun, Tioulong Saumura, Nuth Rumduol, Men Sothavarin, Chea Poch, Ho Vann, Kong Bora, Khy Vandeth].