Thursday, December 05, 2013

Rule hanging over NA


Kevin Ponniah and Chhay Channyda
The  Phnom Penh Post, 5 December 2013

A ruling party lawmaker and parliamentary spokesman said yesterday that the National Assembly will consider invoking an internal rule that could force the opposition party to replace its elected lawmakers with lower-ranked candidates from within the party if their boycott continues beyond a deadline.

Principle 83 of the assembly’s internal regulations states that “the seat of an MP left vacant because of resignation [or] abandonment of work for three months without permission . . . must be replaced by a new MP chosen from the list of candidates representing the party in the same constituency.”
Nearly half of the National Assembly’s seats remain 
vacant during the first meeting of the newly formed government
 in Phnom Penh in September. Heng Chivoan
But analysts and the Cambodia National Rescue Party said yesterday that the grounds for invoking such a rule remained murky – and even if it was applied, the CNRP would remain in full control over their seats and whether they are filled.

National Assembly spokesman Chheang Vun said yesterday that the assembly was well aware of the internal rule but would not publicly discuss using it until the three-month deadline is reached on December 23.

“In the assembly, we have considered internal regulations on this case. If the deadline reaches, we will talk about [Principle 83]. There will be a decision made by the Permanent Committee,” he said, adding that there was time yet for the parties to compromise.
“If we talk about this now, there will be much controversy, so we avoid it . . . [But] if they still don’t take their seats, we will follow existing regulations,” he added.
CNRP whip Son Chhay said his party was aware of the rule but denied that it applied to their lawmakers.

“We are aware of that provision, but that is only talking about the official MPs who have sworn in and have become full MPs. The CNRP MPs have not sworn in and so we are not MPs [officially],” he said.

Chhay said if the ruling party-controlled assembly still invoked the rule regardless of this argument, the CNRP would not be worried.

“What can they do? The procedures would mean that the party leader would send a replacement [list] to the NEC. The CPP would not have any role to play. There is no way the CPP could use that as
a threat to us,” he continued.

A number of lawyers and legal analysts – some of whom requested anonymity – yesterday backed the CNRP’s interpretation that they could not be considered having “abandoned” their work without having been sworn-in in the first place.

Ou Virak, president of the Cambodian Center for Human Rights, said that although he didn’t buy the argument that the CNRP lawmakers weren’t yet “MPs”, the rule’s invocation would have little effect.

“I think in this case it’s pretty clear that the party still has the power . . . the party’s leadership can [later] replace any junior MP with a senior MP whenever they want. [Internal party conflict] is never going to be a problem.”

Koul Panha, director at election watchdog Comfrel, said that even if the rule were used, the opposition party could refuse to nominate replacement lawmakers.

“It will become a crisis and [the assembly] will take all the seats and send them to the NEC to recalculate,” he said. “But the problem is there is no procedure for the NEC to remove a candidate from the list . . . it depends on the political parties.”

14 comments:

Anonymous said...

THIS IS ANOTHER CONSTITUTIONAL COUP. BEYOND THAT THEY HAVE NO RIGHT TO SET ANY RULE BECAUSE THIS GOVERNMENT IS NOT LEGITIMATE.

Anonymous said...

From the start, CNRP already won. It is obvious after 30 long years of dictatorship. Secondly, every nation needs a change in their leadership style, even communist countries like China and Vietnam, they have changed all the time too, but why not Cambodia? Because Hun is being supported by both VC and China to stay onto power, in order for them to continue to steal, kill and rob from our poor nation. So that they could have it all in the end. They did this to Laos.Chompa, Khmer Krom, Koh tral and now the whole srok khmer and is spreading into Thailand. Their aim is to take over the whole southeast asia to be under Chhinese Federation.

No matter what Hun does., it has to be under their controlled. Hun Sen on the other hands, has no choice but to follow them at all cost or else. Hun sen will never change, his attitude is like a leapad, he will never change is spot. He says one thing but does another thing, e.g negotiate but not. He killed his opponents and fed them to the crocodiles e.g like hundred members of Funcipic, all gone dead. People should know that this VC and Chinese controlling freaks are full of shit.

They would create one party after another until all khmer interlectuals are gone. Right now, they use their VC and CH members in disguise (e.g Hun and his wife are Viet called 'Hai Phuc and Som Heang) to be in the lead from top to bottom levels of gov't system, which means, all fundings will fall into their hands, making them people rich and richer, while real khmers almost have nothing to eat. Well, their evil tactics and tricks are plentiful. Also look at Cheam Yeap (VC) and Cheang Vun (CH) etc.

Do not believe in this illegal gov't. We would like to invite UN to come in to help us and our people from the iron grip of these crooked kind of people or else, that is it.

Anonymous said...

the cnrp tries so hard. who are they trying to convince?

Anonymous said...

don't they know cambodia has a mind of its own? shameful to be ignorant like this! what make people think sam rainsy can do a better job than hun sen, etc? i mean what makes people think sam rainsy is easily colonized or control than say hen sen? shame!

cambodia is cambodia and will always be cambodia, so stop dreaming already!

Anonymous said...

The CPP is a criminal party want to recreate the whole Cambodian government in their image? No can do! First of all the criminal CPP has no saying before the law! As for the NEC is also a criminal institution too and have no saying before the law!

The fact still remain and Cambodian people demanded to have independent inquiry into voter fraud! Before the CPP and the NEC want to talk, to discuss, and to negotiate and they have to talk about independent inquiry into voter fraud first!

Anonymous said...

HUN SEN was born in the poor family in the remote areas, HUN SEN has not got any formal Education, HUN SEN did not understand anything, HUN SEN has signed illegal with Vietnam losing a lot of Cambodian land to Vietnam, that is why HUN SEN dis not want to step down from the power because HUN SEN felt as A traitor

Anonymous said...

Consciously robbing the seas of position party will lead to real dictatorship 100% after Hanoi & Beijing's regime and could seriously broke the constitution and face the consequence from the donors that finance the democracy in Scamafia,it could provoke full scale of riots to kick ah kwak Sen out of his PM seat for good.Stop hijacking the constitution for your own politicals or personal's agenda ah kwak!....The thugs so called Nation supreme counsels were all ah kwak's dogs,thugs working for ah kwak and Ah Sdach ktuey Sehunmoni -Hanoi's dogs.Ah Sdach ktuey & Ah kwak must dies...!!!

Kmenhwatt

Anonymous said...

If Sam Rainsy is the Prime Minister, it would take another 30 years to move down or up one notch. Mike.

Anonymous said...

Condom of Cambodia has been ruled by a dick head and his clan for over 30 years. The rule of law is based on the dream the night before, not based on what written down on paper so called constitution and interpreted by ordinary people. The law of nature says "what goes up, it will come down" and "you pay now or you pay later".

It is pitiful for those who live under their rule. Hopefully, they will be freed soon.

Anonymous said...

11:19 PM,

You no nothing except barking, Ah Chhker Yuon Mike. No wonder Vietcong can easy controled Khmer leaders because there's a lot of brainless peoples like you, Or you're a Dirty Vietcong yourself.

Anonymous said...

"what make people think sam rainsy can do a better job than hun sen, etc?

12:12 PM,

How many people agreed your father Ah Chhker Yuon, Hun Shit can do better job beside yourself?
Your father is a traitor, your father made poor Cambodian farmer suffered, etc....

Only a brainless person like you think CRIMINAL CPP is a better party than other party. Cambodia is in BIG debt, but I think you care or maybe you don't know shit until it's too late to rescue.

Anonymous said...

The brain death dumb ass Chheang Vun again forget that it the electorate have requested CNRP to not join NA because they have major concerns that CPP thru NEC have stole their vote and rigged the election. In addition CPP as government is illigitimate and illegal as it does not comply with the constition article 76.
The voices of the voters are those the CNRP respects and follow, in addition they voted for CNRP so as long as CNRP MPs 63 members still represent them they dont have to seat in the NA to perform the civil servant duties. While the CPP who seat in NA their MPs continue their works to destroy and kill their citizen like Cheam Yeap or illegal logging and incease corruption and pludering state assets.
Let me ask who in their right mind would vote for Chheang Vun who mother and father are of Vietnamese background, they only represent the "illegal vietnamese" that the NEC allow to vote while the right to vote has been rob from the Khmer citizen.

Anonymous said...

Rainsy dogs keep's barking, Hun Sen regime keep walking foward. Mike.

Anonymous said...

ah chkae yuon
xam raixy, krem xokha
oy tae ah aeng jol keu
dom thmor leung kbarl heuy veuy!
dom thmor ort skoil ah tain 2 teh.