FOR PUBLICATION
AHRC-ETC-036-2013
October 17, 2013
AHRC-ETC-036-2013
October 17, 2013
An article by Dr. Gaffar Peang-Meth
published by the Asian Human Rights Commission
CAMBODIA: Time to get to work
The more Hun Sen attempts to ignore grievances of the
increasingly vocal cohort of Cambodian voters who allege
election irregularities and fraud, the more the emboldened
and determined opposition party demands an independent
impartial joint CNRP-CPP investigation committee to seek
more accurate accounting of ballots cast in the July
28th national election.
A metaphor seems appropriate. Imagine spectators
gathering around a glass jar filled with water to watch one
of Cambodians' passtimes, chul trei krem or fish
fighting. Two fish swim around, looking for one another's
weak area to attack. Gills open, fins and tails flapping,
their scales turn dark colors, the fish seem to contract,
poised to attack. Would it be a fight to the death or will
an owner interrupt the fight to save his fish for the next
fight?
The Cambodians' political deadlock is a tragedy. There
cannot be a winner. Hun Sen and his CPP know, and concerned
foreign governments, too, know, the ruling party can in no
way continue to govern as a one-party government and a
one-party parliament devoid of opposition members who were
duly elected by at least half of the country's voters. Half
of the country has openly rejected Hun Sen's 28 years of
autocratic rule and the CPP's 34 year domination of
Cambodian governance. Even many CPP partisans acknowledge
that fresh leadership is overdue. In fact, reliable reports
assert that increasing numbers of civil servants are unhappy
with the status quo and that officers in the armed forces
are overtly questioning if they are on the wrong side of
history.
Hun Sen and his close associates are vehemently against
an investigation committee. His reluctance is suspect if, as
Hun Sen asserts, the CPP won the election fairly. Sam Rainsy
is on the record as saying he would abide by the findings of
a nonpartisan investigating committee. Would the true reason
be that Hun Sen has no intention of ceding power? The
aftermath of Cambodia's recent election has surely made
clear that Hun Sen and the CPP are no longer secure nor
uncontested as they once were. More Cambodians agree it's
time for change, ph'do.
Hun Sen seems aware of his tenuous hold on power. So, on
Sept 26 he spoke at his first new cabinet meeting for more
than 6 hours about reforms, addressing corruption, nepotism,
the rule of law and other issues. But Cambodians say Hun Sen
and the CPP have made many undelivered promises before. Hun
Sen's proposed reforms may come too late.
Baek Chea O, Ho Chea Stoeng
The Khmers' expression Baek Chea O, Ho Chea
Stoeng, refers to a disagreement that takes a life of
its own as it spreads like flowing water that creates water
stream and turns into a river. The king's opening of the
National Assembly of 123 seats total, with only 68 members
of the CPP attending, left 55 seats empty of opposition
members. This one-party Assembly approved Hun Sen as Prime
Minister and his cabinet as the Royal Government of
Cambodia. The stream of opposition quickly grew from a
stream into a river.
The CNRP immediately characterized the new Parliament and
the Royal Government as unconstitutional and urged the
world's nations not to recognize the government. The CPP
countered by calling the CNRP's actions unconstitutional as
the opposition rejected the Assembly and the Government
sanctioned by the King.
This, again, is like the Khmer folk dance the Ramvong
circle dance. Here, politicians from both parties are
participants. They dance around and around in a circle as
long as the drumbeats thak theeng thong sound. Like
trei krem samdaeng tuor or fighting fish showing
their aggressive postures, the dancers perform their chak
kbach showing off their skills in leg and hand
movement.
"The ballet of dueling press conferences has begun.
But the playbook has changed," writes Elizabeth Becker,
author of When The War Was Over, in "Cambodians
Refuse to Accept Rigged Elections" in YaleGolobal
Online. "Cambodians are far less likely to accept Hun
Sen's promises and say so in social media. Foreign partners
are watching, worried about their investments," she
says.
On Oct 6, the CNRP held a people's congress at Freedom
Park where its leaders met with some 15,000 to 20,000 voters
who passed a 10-point Resolution instructing the party to
demand the establishment of an investigation committee, to
carry on mass protests, undertake a general strike of civil
servants and workers across the country, intensify
diplomatic contacts, to submit "millions of
thumbprints" to the UN and to the 18 signatory
governments of the Paris Peace Accords, among others.
On her Website, CNRP leader Mu Sochua reaffirmed her
party's commitment to nonviolent mass protests and a general
strike, and announced a mass rally at Freedom Park on Oct
23, the date of the 22nd anniversary of the Paris
Peace Accords that ended Cambodia's conflict involving four
Khmer warring factions: "We will be coming from all
national roads and will meet at Freedom Park at 3PM."
Sochua remarked, as soon as CNRP vice president Kem Sokha
declared "we would organize a mass protest during the
Water Festival," the government immediately cancelled
the annual Water Festival, Bon Om Touk, for 2013.
The Bon Om Touk festival, which takes place in
November, has typically been attended by as many as two
million spectators from across the country that come to
Phnom Penh for three days of boat races to celebrate the
seasonal reversal of water flow from the Tonle Sap Great
Lake into the Mekong. In this heated political atmosphere,
Hun Sen has reasons to fear.
Meanwhile, Hun Sen's RGC has moved swiftly to fill all
nine parliamentary commissions with CPP members thereby
keeping elected CNRP members who boycotted the Parliament
effectively outside of the National Assembly.
CNRP leader Sam Rainsy has been visiting foreign capitals
for two weeks to drum up support for an investigation
committee and non-recognition of the current regime. He also
calls on the signatory governments of the Paris Peace
Accords to intervene in Cambodia's deadlock.
However, the Oct 9 Phnom Penh Post reported that some
lawyers and analysts question Sam Rainsy and the CNRP's
"legal basis" for charging the National Assembly
as "unconstitutional."
Article 76 of the Cambodian Constitution stipulates "The National Assembly consists of at least 120 members." In Cambodia's Constitutional Council's Decision No. 054/005/2003 CC.D of July 22, 2003, the Council interpreted paragraph 1 of Article 76: "This means that there shall be at least 120 deputies (assembly members) to be able to form the National Assembly at every legislature. Electoral law cannot limit the number of parliamentarians to less than 120. This paragraph 1 is a necessary condition for the formation of a National Assembly but not its functioning."
For Prime Minister Hun Sen, the King's stamp of approval
on the CPP-only National Assembly and the RGC makes both
creations legitimate although half of the country refuses to
accept them and insists on asking, "Where is my
vote?"
As Becker writes, Cambodians are "an awakened
citizenry (who) refuses to play along. Integrated with the
world, many Cambodians have become too aware, too
sophisticated, to accept the rule of a corrupt elite that
relies on force and openly steals the fortunes of the
country while trampling on individual rights."
Realpolitik
In the world in which nation-states seek to maximize
national interests, idealism and humanity take a back
seat.
Mu Sochua's frustration is understandable as governments
that push for electoral investigation and reform also call
on disputants to work together as these governments
congratulate Hun Sen for his election "victory"
and deal with him as legitimate. They speak ambiguously.
"You can't go both ways," Sochua says.
On Oct 14, France and Australia joined other countries
such as China, Singapore, Japan, India, Brazil in
congratulating Hun Sen on his "victory" and on
becoming Prime Minister. Which country will be next? And one
has to question whether Sam Rainsy and the CNRP are engaging
in a futile exercise.
Unfortunately, that's what Realpolitik is: to seek
maximization of power and influences, and of national
interests. Everything else is secondary. Justice for the
half of Cambodia's people who reject Cambodia's current
regime is secondary. In practice, a government does
recognize another on the basis of political expediency that
serves its goals, more than on some ideal principles.
Facing Reality
Cambodia is not going to develop or improve if democrats
who want ph'do continue to repeat thinking and
behavior that has brought no positive result. They should
reassess their ways of thinking and their actions rather
than feeling victimized and blaming others for their
misfortune. Lord Buddha taught 2,500 years ago, "What
we think we become," and "We are responsible for
what we do or not do."
Facing reality, democrats must learn and understand the
world in which they live. Learn to imagine, to create, and
to apply positive thinking as Buddha preached. Critical
thinking does not mean criticizing someone for something,
but assessing our actions and behavior to determine whether
they have brought us closer to our goals. Rather than
fueling racism against the Vietnamese immigrants in
Cambodia, democrats should re-examine and introduce reforms
to Cambodia's existing immigration policy. As the late King
Father once said, the divine placed Khmers and Vietnamese as
neighbors eternally, Cambodians cannot pick up their borders
and move. It is long past time for democrats to brush up on
and apply Buddha's teachings.
I believe the CPP is incapable of effective reform. Its
image is too deeply embedded in the minds of the Cambodian
people for the CPP to rebound. To survive, the CPP's only
viable tactic is to divide the opposition. This, it does
well. Hun Sen will not cede power, and with each passing day
the likelihood that an impartial investigation into the July
election results becomes less likely. By attending the
opening of the Assembly, international players were, in
fact, signaling to the CNRP that the time for work is here.
Even if an investigation was now to be launched and the CPP
found culpable, Hun Sen would not relinquish power.
In response, the CNRP must remain united and resolute.
This is required both to counter the government's attempts
to divide it, and to keep faith with the hundreds of
thousands who have cast their lot with this new coalition
party as the best hope for themselves and their nation. But
at this time, keeping faith with the voters must mean taking
the seats in the National Assembly that it has rightly
earned. It's time to work change from the inside, master the
levers of power, and train those who will assume leadership
after the next election. By remaining outside the Assembly,
the CNRP leaves the CPP free reign to introduce laws and
projects to its advantage.
These next five years offer the CNRP an opportunity for
leadership development and consolidation of political gains
across the nation. Building thousands of democratic leaders
involves cultivating leadership capacity through training
and continuing the leadership's openness to voices and ideas
from those who have been denied that voice for decades.
These challenges are formidable, but not insurmountable.
When the next election approaches, the CNRP will be ready to
take the reins of government, at last.
The AHRC is not responsible for the views shared in this article, which do not necessarily reflect its own.
About the Author:
Dr. Gaffar Peang-Meth is retired from the University of Guam, where he taught political science for 13 years. He currently lives in the United States. He can be reached at peangmeth@gmail.com.
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
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8 comments:
Dr. Peang-Meth, thank you so much for taking the time to write and impart your wisdom!
Yes, thank you. Your analyses is correct, and i stand by that the CNRP must hold their ground stand unite and not give in to Hun Sen.
Sam Rancy has been very stupid in the past, I hope Sam Rancy will not be as stupid as before. This is his last chance and Cambodia last chance.
i echo above. however, i disagree w/ the recommendations. though i don't have a degree or experience in politics, as a khmer citizen, i feel i have the right to justice. this election is not the first time that khmer people were victimized, but in nearly all past elections, in 1993 1998, 2003. we need real change this time around. democracy is flourishing now. khmer people don't deserve less than what we deserved, anymore. both parties will fail on the people if they don't deliver justice this time.
Dr.Dr. Gaffar Peang-Meth missed the boat big time on this article.
First, I like to point out that it is Hun Sen the CPP who broke the election law by tampering with the election boxes. This alone make Hun Sen the CPP is a criminal by law! Now if the Sam Rainsy and Kem Sokha the CNRP is to go along with Hun Sen the CPP. This mean Sam Rainsy and Kem Sokha want to be a criminal too! The CNRP has the right now to join with the criminal who broke the law!
Second, Every election in Cambodia is more about outsider interest and their investments. It is not about so called Cambodian democracy!
Nobody is talking about racism here! It is Dr. Gaffar Peang-Meth who is talking about racism against the Vietnamese! What the Vietnamese oppression of the Khmer Krom people in Southern Vietnam is that not racism against the Khmer people? It seems that the Cambodian can't say anything about the Vietnamese otherwise the Cambodian are always accused of racism against the Vietnamese! Why is that? The Vietnamese racism and oppression on the Khmer Krom are also being extended through Hun Sen Vietnamese puppet government on Khmer people.
No Buddha can't help Cambodian if Hun Sen refused to obey the law and micromanage everything in Cambodia by himself. If Hun Sen want to divide Cambodian people or the opposition party and who is stopping him? In fact Hun Sen has been doing just that by dividing for the past 30 years and going for another 30 years!
If Cambodian people and Cambodian leaders are so stupid, lack of discipline, and lazy! All they have to do just obey the Cambodian Constitution, law, and allowed due process according to democratic principle. If Cambodian people and Cambodian leaders can't even follow a simple rule such as the Cambodian Constitution and the Buddha law won't help either! In fact the Buddha law are much harder to follow than Cambodian Constitution which involving one must disown world thing, eliminate desire of world thing, and become a vegetable!
I disagree with Dr. Gaffar Peang-Meth!!!!
The CNRP has the right "not" to join with the criminal who broke the law!
I certainly disagree with Dr. Peng-Meth on his suggestion that the CNRP should not boycott the parliament, but work to change the laws from the inside.
I will not work! The CPP will not allow any change that can weaken their grip on power.
The next election will be the same; they will still the votes again and so we are back to square ONE. In fact, they have been stealing votes in every election so far.
Pissed Off
Correction of ..I will not work!..
TO
It will not work!
Pissed Off
Correction:
...they will still the votes again..
TO
they will still STEAL the votes again
Pissed Off
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