Cambodia Parliament Opens, Paving Way For More Hun Sen Rule

PHNOM PENH (AFP)--The king of Cambodia opened the newly elected parliament Wednesday, paving the way for Prime Minister Hun Sen to extend his 23-year grip on power.

During the opening ceremony, King Norodom Sihamoni hailed the session as a "new opportunity" for lawmakers to work for the development of the Southeast Asian nation, urging them to build "social justice."

Members of parliament were due to be sworn in at the royal palace later in the day, and parliament was scheduled to formally elect its president and Hun Sen's new government Thursday.

"This is a symbol that we will continue the development of the country for five years more," Hun Sen told reporters after the session.

"From now on, I will not allow the small-voice parties to hold the majority-voice party as hostage," he added.

His ruling Cambodian People's Party took 90 seats of the 123 up for grabs in the July 27 ballot, while the main opposition Sam Rainsy Party, or SRP, received 26 seats.

But the SRP and Human Rights Party, or HRP, which won 3 seats, have disputed the results and said Hun Sen's party got its crushing majority after thousands of people were intentionally left off voter lists.

Both parties had threatened to boycott the first session of the parliament, but SRP decided at the last minute earlier Wednesday to attend the meeting after negotiations between its leader, Sam Rainsy, and Hun Sen.

The HRP's members of parliament didn't attend the opening session.

After the previous general election, in July 2003, the kingdom was plunged into a year of political stalemate as parties wrangled over forming a coalition government.

Hun Sen has been accused of suppressing human rights to secure power, but a booming economy has bolstered his standing in a country struggling to lift itself from the ranks of the world's poorest nations.

Will Sihamoni rise up to the occasion or will he shy away again?

(Photo: AFP)

King Faces Test of Political Power: Analysts

By Pin Sisovann, VOA Khmer
Original report from Phnom Penh
23 September 2008

"...the king has never been in the political arena and lacks the political experience of his father... -sic!-" - Oum Daravuth, personal advisor and first cousin of King Sihamoni

King Norodom Sihamoni is facing the greatest challenge of his rule so far and should work to create a compromise between rival politicians, as a ceremony to begin the new government approaches, independent political analysts say.

King Sihamoni is facing pressure from the Sam Rainsy and Human Rights parties, who want to boycott a Sept. 24 swearing-in ceremony, as well as exiled Prince Norodom Ranariddh, who is seeking a royal pardon so that he may return to Cambodia without serving an 18-month prison sentence.

The political pressure on King Sihamoni is the heaviest since he was crowned just four years ago, following the abdication of his father, Norodom Sihanouk, who was famous for his mercurial statecraft and an ability to reconcile parties.

Under these two kings alone, Cambodia has seen colonialism, independence, a coup, a republic, a communist takeover, a Vietnamese occupation and finally a democratic constitutional monarchy.

Lao Monghay, a senior researcher for the Asian Human Rights Committee, said King Sihamoni should first try to get all parties at the same swearing-in ceremony, in order to save Cambodia’s national image.

“It may be hard, but it is also a chance for His Majesty to try,” Lao Monghay said. “A success would increase his influence and image. His Majesty should test the waters, calling them one by one, to see if he can mediate when these political parties cannot find a compromise.”

Meanwhile, parties should also work to save the national image while the king is working on reconciliation, Lao Monghay said.

The king has less power than he has been afforded the constitution, he added.

Sam Rainsy Party lawmaker Son Chhay agreed that a compromise over the swearing-in ceremony must take place, or the king may not join.

“In 2003, we saw the king father [Sihanouk] didn’t go when he foresaw that some lawmakers wouldn’t make the first day of the meeting,” Son Chhay said.

Human Rights Party President Kem Sokha said without more compromise his party will continue its boycott.

“We want His Majesty to exercise his powers as stated in the constitution,” Kem Sokha said, including to provide stability and mediate.

Government spokesman Khieu Kanharith said there was little danger of anyone losing face except lawmakers who boycotted the ceremony and sought to come into the government through the back door.

Lawmakers elected in July have a duty to join the ceremony and subsequent first meeting of the National Assembly, and not use the occasion to pressure the ruling party, he said.

The Cambodian People’s Party has said that even as the opposition threatened a boycott they asked for positions in the National Assembly.

“They deny the election results but they take seats,” Prime Minister Hun Sen said in a speech last week. “They didn’t take only Assembly seats. Let me tell you”—and he whispered into the microphone—“they requested a deputy of National Assembly position and four committees.

“They sent the request to me after 3 pm and said they would go abroad at 7:30 pm,” he said. “Do you know what they said? They said if Samdech agrees, they won’t need to go abroad. Wow. Threatening Hun Sen with their trips abroad. So I responded by telling them, ‘Go for your plan.’”

Chea Vannath, founder of the Center for Social Development, said there should be a compromise from the king, but first there must be a green light from the winning parties, including the CPP.

“His Majesty could broker a compromise that only all parties share, especially the CPP,” she said. “His Majesty would lose his image if he makes a proposal and they deny it.”

Oum Daravuth, the personal advisor to King Sihamoni, said the king has never been in the political arena and lacks the political experience of his father, who served as a prime minister and reined as a monarch twice.

“His Majesty is a constitutional monarch, so he can’t do anything other than follow the constitution and law,” Oum Daravuth said. “The political crisis in 2003 was solved by the king father, before His Majesty took over. This is the first crisis for him, so it’s kind of hard for him.”

Returning Leaders Maintain Boycott Stance

(Photo: Pring Samrang, Cambodge Soir Hebdo)

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
15 September 2008

Click here to listen to the Khmer audio program

Opposition leaders Sam Rainsy and Kem Sokha returned from a trip to France and Brussels this week, vowing to uphold their boycott of the new government but finding no support for their calls that a new vote be held.

"We will not join the swearing-in ceremony with the vote fraudsters," said Sam Rainsy, whose self-named party won 26 of 123 National Assembly seats in the election.

However, no country that either leader visited went as far as saying July's national election was not free and fair, and there was little support for their calls for a revote, both men said Monday.

"The French government and the EU will push the Cambodian government to correct the wrongdoings of this election," Sam Rainsy said. "Cambodia cannot walk out of the democratic way, especially the promotion of a power balance in the country's leadership."

Officials of the French government and the European Commission, which is based in Brussels, also promised to discuss with the new government reforms to the National Election Committee, said Kem Sokha, head of the Human Rights Party.

He too said his party would uphold the boycott. "But we aren't giving up our seats."

CPP officials maintain that a boycott of the swearing-in ceremony for new National Assembly leaders, scheduled for Sept. 24, will lead to the redistribution of opposition seats among other parties.

To boycott or not... that is the question

Friday, 12 September 2008
Written by Meas Sokchea
The Phnom Penh Post

A FORMERLY united opposition now appears split on whether to boycott this month's swearing in of the new National Assembly, with some politicians saying they will abandon their plans for a walkout if the King does not agree to a separate inauguration.

King Norodom Sihamoni has sent letters to the 123 parliamentarians-elect inviting them to the September 24 swearing in. But the Sam Rainsy Party, which is disputing the poll results, is standing by its request that the King hold a special ceremony for its lawmakers the following day.

"We cannot attend the swearing-in ceremony with CPP parliamentarians because they won many seats due to electoral irregularities. I believe the Human Rights Party (HRP) will also not join in the meeting," said SRP Deputy Secretary General Mu Sochua.

But HRP Secretary General Yem Ponhearith said that if the King denied their request for a change of day, the party would follow his decision.

Koul Panha, executive director of the election monitor Comfrel, said the opposition request was unsuitable.

The opposition is wondering whether it will join the NA swearing-in session [-Contradiction among HRP leaders]

(Photo: Pring Samrang, Cambodge Soir Hebdo)

11 Sept 2008
By Leang Delux and Alain Ney
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the original article in French

During their visit to Paris in a tour to alert the International opinion about the numerous “rigging” they have observed during the latest general election, the presidents of the SRP and HRP gave an interview to our colleagues at RFI Khmer-language service.
Maybe it is a distance issue, but a divergence seems to appear among the HRP leaders. In Phnom Penh, on 09 September, while the king just issued the official invitations for the 24 September National Assembly swearing-in ceremony, Yem Ponhearith, HRP secretary-general, declared to Cambodge Soir Hebdo: “We will follow the king’s (invitation).”

On Wednesday 10 September, on the RFI broadcast, Kem Sokha, HRP President, gave a different opinion on this issue. Kem Sokha said that the HRP will not swear in at the same time as the CPP MPs. “The three HRP elected MPs will not go the National Assembly on 24 September,” Kem Sokha stressed.

Sam Rainsy, his new road companion, maintains his position: “We do not recognize the election results, we will not participate in this first session,” Sam Rainsy assured.

When both were asked that this boycott may be construed as a lack of respect for the king, Sam Rainsy skillfully dodged the issue: “No, it’s not that, the king has no power. What the CPP decides, the king is conforming to that. If the CPP does not allow something to the king, the latter would not dare bypass it. Like the case of Ranariddh’s pardon, the green light must be given by the CPP leaders first. This is not an issue of respect or not, but that of our conscience, and our conscience does not allow us to go to this Assembly of (vote) thieves, of ghost and Yuon voters (representatives).”

The two opposition leaders said that they are still waiting for a reply from the king to their request in which they indicated to him their “wish to swear separately from the CPP”. Leaving some doubt behind, Kem Sokha said: “Without a reply from the king, we have not yet decided whether to participate in the first session.”

RFI Interview of Sam Rainsy and Kem Sokha (in Khmer)

MPs to get back to benches on September 24

10-09-2008
By Leang Delux
Cambodge Soir Hebdo (English edition)
Click here to read the original article in French

The King officially convened lawmakers for a new parliamentary session. But will Sam Rainsy Party (SRP) and Human rights Party (HRP) MPs attend?

On September 9, the 123 future MPs of the National Assembly elected in July, received their official convocation--sent by the King--to attend the September 24 session.

Cambodge Soir Hebdo contacted Yem Ponhearith, the HRP General Secretary: “We are in line with the King, but we are still expecting an answer to a letter sent jointly with the SRP. This letter stipulated that we wish not to take the oath at the same time as the Cambodian People’s Party (CPP) MPs”.

As for Yim Sovann, Phnom Penh SRP MP: “as long as the complaints filed for election riggings have not been clearly solved, we will not attend the September 24 session. We are still expecting a reply from the King”.

Hun Sen has already warned the opposition party Mps, that failure to attend will result in distributing their seats to other attending party members.

Opposition Requests Second-Day Swear-In [-This is Sihamoni's chance to show his cleverness]

Opposition leader Sam Rainsy

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
10 September 2008

Click here to listen to the Khmer audio program

Two opposition parties have declined an invitation by King Norodom Sihamoni to join in a swearing-in ceremony for the new government scheduled later this month and have asked to have their newly elected parliamentarians sworn in a day later.

King Sihamoni issued his royal invitation to all 123 newly elected members of the National Assembly, but officials of the Sam Rainsy and Human Rights parties, representing 29 seats, have maintained their position that July's election was illegitimate and say they will not swear in next to the ruling party.

The opposition has instead requested an alternate date to swear in, a day later, according to top officials from both parties.

Neither party is willing to be sworn in next to the ruling Cambodian People's Party, said Kong Kom, acting president of the Sam Rainsy Party, and Yem Ponhearith, secretary-general of the Human Rights Party.

Party leaders Sam Rainsy and Kem Sokha are currently out of the country, seeking support from the international community for claims July's election was fraudulent and a new vote should be conducted.

Both party leaders have said in the past they would boycott the swearing-in ceremony altogether.

A royal official warned Wednesday the request for a second swearing in was not likely to be granted.

"The king, as the head of state, invited all 123 elected parliamentarians to the swearing-in ceremony on [Sept. 24]," Um Daravuth, a member of the Royal Cabinet, said Wednesday. "If any party does not respect the king's orders, I say that party is wrong under the Cambodian constitution."

"In no country in the world does a National Assembly swear in two times," Um Daravuth said.

An independent analyst said Wednesday it was up to the king to bring the parties together.

"The king should use his cleverness to bring all the parties to join the swearing-in together for national unity," said Lao Monghay, a researcher for the Asian Human Rights Commission.

NA's Legitimacy Contingent On Opposition's Participation

Monday, September 08, 2008
Opinion by Sam Rainsy
Letter sent to The Cambodia Daily

Related to the story "Opposition Asks King for Separate Swearing-In" (Sept 4, page 29), I wish to specify that the reasons for our demand are twofold:

1. The 29 National Assembly members-elect from the opposition have legitimately won their parliamentary seats without a shadow of a doubt. The same cannot be said for the 90 members-elect from the ruling CPP given the number and the seriousness of election irregularities that have not been properly addressed. Taking part in a swearing-in ceremony with them would mean that we would recognize their legitimate presence in the new Assembly, whereas we have serious arguments to prove that a number of them have actually stolen seats from us. Our arguments are exposed on our Web site, http://tinyurl.com/4eegak, which is updated on a daily basis.
2. Opposition parliamentarians-elect will be sworn in and will become full-fledged Assembly members only after the first "plenary" session of the CPP-dominated Assembly has been held Sept 24 or 25. We want the ruling party to bear the full responsibility of its decision to ignore the opposition's electoral grievances and Assembly-related demands.

Everybody realizes that the new Assembly cannot validly convene without participation from the opposition. Article 76 of the Constitution states, "The National Assembly consists of al least 120 members."

At its first meeting after any legislative election, the Assembly has to first proclaim the validity of ail its members' mandate. Therefore, with only 94 sworn in members (CPP + Funcinpec + NRP) present at its first meeting on Sept 24 or 25, while 29 other members-elect (SRP+HRP) will have yet to be sworn in, the Assembly on that day will hold an illegitimate session and will not have the power to make any valid decisions, including the decision to proclaim the validity of ail its members. Because the Constitution is the country’s supreme law, no provisions from any other laws can supercede the above Article 76.

What's more, the CPP also intends, at that very first Assembly meeting, to proceed with the simultaneous election of the Assembly speaker and the prime minister through a single ballot called a "package vote." The tact that the legislative and executive branches of the government will have their respective leaderships elected at the same time, through the same single vote, clearly proves that there is no separation of powers and no system of checks and balances, which is the very essence of a functioning democracy.

The opposition does not want to legitimize Cambodia's crumbling façade of democracy or to appear in an irresponsible and ludicrous show that may lead to a dangerous political crisis.

Sam Rainsy,
SRP President

Special meeting with Sam Rainsy and Kem Sokha in Paris of Sunday 07 September 2008

INVITATION A LA REUNION SPECIALE D'INFORMATION A PARIS
Thème LES ELECTIONS LEGISLATIVES DU 27 JUILLET 2008 ET LES FRAUDES ELECTORALES AU CAMBODGE

Présidée par:
S.E. SAM RAINSY, Président du PSR
&
S.E. KEM SOKHA, Président du PDH

Dimanche 7 septembre 2008 de 14h00 à 18h00

Salle de Conférence de Patronage Laïque du XVè
72 avenue Félix Faure 75015 Paris

Métro Boucicaut ou Lourmel ( ligne 8)
Bus 62 ou Tram – Station Balard

Veuillez informer vos amis et proches pour qu'ils prennent connaissance de cette invitation et venir nombreux. Le Comité d'organisateurs vous remercie d'avance de votre présence.

Pour information:

PDH-France : 06 09 38 46 16 - 06 21 13 17 01 - 06 03 50 46 56
PSR-France : 06 13 06 77 00 - 06 19 31 42 98 - 06 22 25 26 55
---------

Invitation to a Special Information Meeting in Paris
Topic: The 27 July 2008 General Election and the Election Frauds in Cambodia

Presided by:
Sam Rainsy, SRP President
&
Kem Sokha, HRP President

Sunday 07 September 2008 between 2:00 PM and 6:00 PM
Salle de Conférence de Patronage Laïque du XVè
72 avenue Félix Faure 75015 Paris

Métro Boucicaut ou Lourmel ( ligne 8)
Bus 62 ou Tram – Station Balard

Please inform your family and friends about this invitation and come to join us in large number. The organizing Committee thanks you.

For information:

PDH-France : 06 09 38 46 16 - 06 21 13 17 01 - 06 03 50 46 56
PSR-France : 06 13 06 77 00 - 06 19 31 42 98 - 06 22 25 26 55

New Government Prepares To Swear In

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
02 September 2008

The National Assembly secretariat began preparations for a swearing-in ceremony to be held later this month for incoming parliamentarians, following the official announcement of election results Tuesday.

The National Assembly meeting, slated for Sept. 24, will pave the way for the selection of the National Assembly president and the prime minister, as well as the chairmen of nine commissions of the Assembly and the passage of the internal rules.

"We are being very careful about the security system, especially limiting the passage for National Assembly staff, parliamentarians and for the leadership and the king," Leng Penglong, secretary-general of the National Assembly, told VOA Khmer.

King Norodom Sihamoni will preside over the ceremony.

National Assembly security will guard within the grounds of the building, while the Ministry of Interior will be tasked with securing the area outside the compound, Leng Penglong said.

The ceremony will also include invitations to distinguished guests, including embassy representatives and international agencies, he said.

The National Election Committee announced official election results Tuesday, giving 90 of 123 National Assembly seats to the ruling Cambodian People's Party, 26 to the Sam Rainsy Party, three to the Human Rights Party, and two each to Funcinpec and the Norodom Ranariddh Party.

Opposition leaders Sam Rainsy and Kem Sokha said members of their parties will boycott the swearing-in ceremony, in an attempt to continue their complaints of voter fraud to the international community.

Sam Rainsy plans to leave for Paris on Wednesday, followed by Kem Sokha, who will leave for France on Thursday. The two will travel together to Brussels, New York and Washington DC, carrying claims that July's national election was not free and fair.

Parties Warn World of 'Death' of Democracy

Kem Sokha, Sam Rainsy and Mu Sochua (Photo: Ung Chamroeun, Cambodge Soir Hebdo)

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
29 August 2008

Two opposition leaders said Friday they would continue to push the international community to support their denial of July's election results, following a series of hearings this week that dismissed their complaints of fraud and calls for a re-vote.

The Sam Rainsy and Human Rights parties maintain the election results were fraudulent and have called for a nationwide re-vote, citing a number of irregularities during the run-up to the election and on the day of the polls.

The parties are now seeking international lawyers to complain of irregularities to the US government, the EU and the UN, and to call on them "to review their relationship with the fourth mandate of the Phnom Penh government," opposition leader Sam Rainsy said Friday. "The Phnom Penh government has come from an illegal National Assembly, which came from unfair elections."

Kem Sokha, president of the Human Rights Party, said a failure of the international community to intervene would lead to "the death of the democratic process in Cambodia."

Both the National Election Committee and the Constitutional Council maintain that the elections were legitimate, with the ruling Cambodian People's Party claiming to have won 90 or 123 National Assembly seats.

According to the NEC, the Sam Rainsy Party won 26 seats and the Human Rights Party won three.

CPP, Funcinpec and Norodom Ranariddh Party officials say they will go ahead with a swearing-in ceremony for the newly elected National Assembly on Sept. 24, but both opposition leaders said Friday their representatives would boycott the ceremony.

A boycott of the ceremony could lead to a further delay in the formation of a new government.

NEC Defends Denial of Opposition Complaints

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
21 August 2008

National Election Committee members testified before the Constitutional Council on Thursday, to defend the committee's denial of three complaints of opposition parties of election irregularities.

The committee submitted 30 legal documents to support its reject of complaints that voters were deleted from lists, that illegal forms were used for voter identification and that some voter names appeared twice on voter registries.

The Sam Rainsy party had complained of the name omissions and the use of form No. 1018. The Human Rights Party complained of double names being used on some voter lists. Both parties have contested the election results.

Thursday's proceeding will be followed testimonies from representatives of each party. The Council will then decide whether to conduct a full hearing surrounding the complaints.

"We raised the legal issues and reasoning to explain to the Constitutional Council of our denial of the complaints of irregularities by the political parties," Ke Rith, a legal representative of the NEC, said Thursday following Thursday's session.

The NEC told the Council its decisions had been lawful, he said.

"We have full legal documents and fair evidence to show the Constitutional Council to defend the NEC decision," Keo Phalla, chief of the legal department of the NEC, said. "All of the documents are very strong legally, because all the decisions by the NEC depend on legal principles, internal rules, and procedures. So we hope that the decision of the Constitutional Council ill also depend on the same legalities."

Opposition leader Sam Rainsy has said he has little faith the Council will rule in favor or his party, claiming the Council is biased toward the ruling Cambodian People's Party.

Cambodia's opposition has key role to play

August 20, 2008
By Lao Mong Hay UPI Asia Online
Column: Rule by Fear

Hong Kong, China — The ruling Cambodian People's Party won a landslide victory in the country’s general election on July 27, claiming 90 out of 123 seats in the National Assembly, the lower house in the bicameral parliamentary system – although final results will not be announced till September.

This party almost wiped out its long-standing coalition partner, the Funcinpec party, which saw its seats reduced from 26 to two. Two newly formed parties, the Norodom Ranariddh Party and the Human Rights Party, took two and three seats respectively, while the opposition Sam Rainsy Party increased its seats from 24 to 26.

At first all four small parties rejected the results of the election, alleging it was "rigged" when names of legitimate voters were deleted from electoral rolls while illegitimate voters were allowed to vote. Apparently attracted by the winning party's offer of government positions, Funcinpec soon changed its mind and accepted the election results.

Later on, the Norodom Ranariddh Party also changed its mind, apparently in exchange for the winning party's support for a royal pardon for its leader, Prince Norodom Ranariddh, who faces an 18-month jail sentence for breach of trust and who has been living in self-imposed exile abroad.

The other two parties, Sam Rainsy and Human Rights, have however continued to reject the election results and have filed complaints against election irregularities. They have also threatened to boycott the opening of the new Parliament.

Hun Sen, the incumbent prime minister and vice president of the winning Cambodian People's Party, has angrily reacted to this threat and has warned that the seats of the boycotting parties would be taken away from them and given to other parties, although there are no constitutional provisions for such a measure.

In the midst of this post-election conflict, it has been announced that the King of Cambodia will act according to the country's Constitution and summon all the lawmakers-elect to the first meeting of the new Parliament on Sept. 24. The Sam Rainsy Party has said that its lawmakers-elect will not be sworn in and take up their seats until its complaints have been properly addressed.

As is widely known, the winning party – the former communist party that has ruled Cambodia for over 20 years – has complete control over all of the country's institutions from top to bottom, including the two adjudicating mechanisms for election irregularities, that is, the National Election Committee, which is also an election management board, and the Constitutional Council.

It is very unlikely that the Sam Rainsy Party and the Human Rights Party will have their complaints addressed properly by these two institutions.

In the meantime the ruling Cambodian People's Party seems set to prevent these two parties from playing any active role in the new Parliament, especially the Sam Rainsy Party whose leader, Sam Rainsy, has had continued acrimonious relations with Prime Minister Hun Sen, who is known as "the strongman of Cambodia."

If the ruling party uses its overwhelming majority to forge ahead with the marginalization of the opposition, the Cambodian system of government will evolve into an elected dictatorship – all the more so when its judiciary, as is also well known, is under political control. With command over Parliament and control of all the country's institutions, the ruling party can, as it has done before, enact any law and amend the Constitution to remove all obstacles to its rule.

This development is a break from the practice of the previous Parliament, in which the opposition Sam Rainsy Party had 24 seats and an important role as chair of two out of nine parliamentary committees. The new situation is not conducive to the development of the liberal democracy Cambodia has embraced in its Constitution.

With the absence of an opposition role, the new Parliament cannot be seen as representing the entire nation, only the majority of its citizens who voted for the Cambodian People's Party. This Parliament will lose its status and role as one of the three branches of government.

Checks and balances between these three branches and the separation of powers will completely disappear. Cambodia will then become practically a one-party state, a development which is not friendly to democracy, the rule of law and human rights.

In order to avoid all these negative developments, Cambodia's new Parliament should continue the practice of its predecessor. In order to represent the entire nation it must allow the opposition parties to be an integral part of the Parliament and assume the chairmanship of some of its nine committees, so the opposition can play an active role in the governance of the nation.
--
(Lao Mong Hay is a senior researcher at the Asian Human Rights Commission in Hong Kong. He was previously director of the Khmer Institute of Democracy in Phnom Penh, Cambodia, and a visiting professor at the University of Toronto in 2003. In 1997, he received an award from Human Rights Watch and the Nansen Medal in 2000 from the United Nations High Commissioner for Refugees.)

Thumbprints of 20,000 voters back fraud claim

Sam Rainsy Party Deputy Secretary General Mu Sochua walks into the Constitutional Council building on Tuesday. (Photo: HENG CHIVOAN)

Wednesday, 20 August 2008
Written by Vong Sokheng
The Phnom Penh Post

Sam Rainsy Party submits vast body of evidence to Constitutional Council in effort to substantiate allegations of electoral fraud by the ruling CPP

THE thumbprints of 20,000 disenfranchised voters were submitted to the Constitutional Council Tuesday as part of the opposition Sam Rainsy Party's drive to substantiate its allegations that the July 27 ballot is invalid due to systematic electoral fraud.

"We have presented evidence and witnesses to the Constitutional Council and we will answer all of their questions," Kong Sam On, a lawyer acting for the SRP, told reporters waiting in the Senate compound, near to where the Council convenes.

Kong Sam On said that the Constitutional Council had summoned party officials for questioning in relation to the complaints.

"We hope that a hearing will happen within the next two weeks," he added.

Constitutional Council spokesman Pen Thol told the Post that the Council has yet to rule on the opposition's complaints.

However, he said the Council intended to rule on the complaints prior to the announcement of the official election results by the National Election Committee (NEC) which are due September 17.

SRP President Sam Rainsy told reporters that he is scheduled to fly to foreign countries that are signatories to the 1991 Paris Peace Accords, saying that when they signed the accords they committed themselves to helping guarantee free and fair elections in Cambodia.

"Electoral fraud is still a huge problem and stripped many voters of the right to cast their ballots," Sam Rainsy said, adding that international pressure could highlight the government's actions.

"We hope that independent countries will condemn the NEC for playing a role in stealing votes for the CPP."

King Norodom Sihamoni is scheduled to preside over the inauguration and swearing-in of the new National Assembly on September 24, but Sam Rainsy said that the opposition parties were not interested in the formation of a new government.

"I am not interested in other issues at the moment, and I am focusing on the Constitutional Council," he said.

Despite continued threats by the opposition to boycott the swearing-in ceremony, the ruling Cambodian People's Party has pledged to go ahead, issuing warnings that opposition lawmakers not present at the event could forfeit their seats in the Assembly.

Options, as Election Boycott Remains

By Pin Sisovann, VOA Khmer
Original report from Phnom Penh
18 August 2008

Lawmakers and politicians say there are at least two paths available for the formation of a new government, despite the boycott of an upcoming swearing-in ceremony by two parties.

The Sam Rainsy and Human Rights parties have vowed to boycott the ceremony, which is central to the formation of the National Assembly, but officials said options remain for the formation of the government that would force both parties to participate or risk losing seats they won in July's election.

The first option for the formation of the government would be an interpretation by the Constitutional Council on whether the election law requires parties to give up their seats if they continue to boycott the results. The second is an amendment of the same election law by the current National Assembly by the majority Cambodian People's Party ensuring that a boycott would end in the loss of seats.

Officials said last week the first option would be preferable to maintain plurality of government, as the second option would entail the elimination of a minority party's voice by the majority party. But opposition leaders said the current National Assembly has no role to play, as its session was closed earlier this year.

Nguon Nhil, first vice president of the present National Assembly, said on Thursday that the plenary meeting of the National Assembly, in which new members are set to be sworn in following the official announcement of election results in September, won’t be halted by the intended boycott of the two opposition parties.

With the CPP's apparent win of 90 National Assembly seats in July's election, the party can easily turn out a two-thirds majority of the 123 total seats, he said. That would allow the party to amend the constitution, or to quorum for a vote of confidence in the creation of the new National Assembly and the appointment of the prime minister and the cabinet.

Although the election has passed, the present National Assembly continues its duties until 60 days after the formal announcement of results by the National Election Committee and until the Constitutional Council has completed reviewing all appeals of election complaints, he said.

However, opposition leader Sam Rainsy said recently the third mandate of the National Assembly already has been closed, following the official pronouncement by National Assembly President Heng Samrin in April. With the session closed, the National Assembly has no legal basis to reopen and amend laws, he said.

Furthermore, if a new National Assembly were to form without the participation of the Sam Rainsy Party, which won 26 seats in the election, and Human Rights Party, which won three, the parliament would be illegitimate, he said.

The formation of the government without the elected parties would not represent the will of the people in the election, Sam Rainsy said.

"If the Assembly wants to hold a meeting, it can, but a big part of it would not represent eligible voters," he said.

He declined to comment on whether the opposition would continue its boycott, pending results of a Constitutional Council review of its election complaints, including widespread vote fraud.

A continued boycott or further delays in the formation of the government will "depend on the result of the complaints," he said.

The Constitutional Council is set to consider the Sam Rainsy Party's appeals Tuesday.

Son Soubert, a member of the Constitutional Council who is in the Human Rights Party, said recently the new National Assembly can form as soon as the Council determines the election was rightful.

But, he said, the National Assembly must have the participation of all 123 elected representatives, meaning a boycott by the opposition could halt the process.

With 90 seats in the new National Assembly, the CPP will have more than the two-thirds necessary to quorum and pass legislation, he said, but the National Assembly will not be legitimate.

"Now we don't have a law that states, 'an illegitimate Assembly cannot operate in case some political parties boycott,'" he said. "This is the loophole."

The loophole will be interpreted by the Constitutional Council, he said, adding that the CPP also had a majority of members in the Council.

"Now they control all," he said. "So when it goes to the Constitutional Council, they have a two-third [majority] there. I say this as a citizen, not a Constitutional Council member."

Meanwhile, the boycott of results and subsequent swearing-in ceremony reflects the responsibility of lawmakers to their voters, if they have clear, reasonable arguments, said Chhim Phalvorun, director of the Civic Population Institute and an expert on constitutional law.

Such a boycott with clear arguments should not require relinquishing seats, which would lead to the feeling that voters were looked down upon, he said.

The election law, however, cannot be amended if the country is in a state of emergency, he said, nor if it meant impacting the a multi-party system or constitutional monarchy, which are outlined in the constitution.

"It means the majority in a democratic Assembly can amend the constitution," he said, "but they cannot conspire to do so when the country is in a state of emergency, or conspire to eliminate Article 51, which defends a democratic, multi-party [system]."

Any interpretation, though, on whether an amendment is constitutional, or whether it would adversely affect a multi-party system, would be up to the interpretation of the Constitutional Council, which remains CPP dominated.

One last consideration: were the boycotting parties forced to give up their seats to the other competing parties, the next National Assembly would actually contain more parties than any session in the past.

Constitutional Council must face opposition’s complaints

Friday, 15 August 2008
Ly Menghour
The Mekong Times

The Sam Rainsy Party (SRP) and the Human Rights Party (HRP) separately submitted complaints about the preliminary results of the recent national election to the Constitutional Council of Cambodia yesterday. The council has 10 to 20 days to examine and decide on any complaints, according to Article 115 of the Election Law.

The two parties resorted to seeking the council’s intervention one day after their complaints were rejected by the National Election Committee (NEC).

“The NEC’s decision was groundless. It said we have no evidence, but we have provided much evidence including witnesses and false 1018 electoral forms to the NEC,” SRP lawyer Kong Sam Un said.

Keat Sokun, deputy president of the HRP’s steering committee, alleged that the NEC is unwilling to deal with any complaints.

“Normally as soon as we complain, the NEC is ready to reject it,” Keat Sokun said. “On the electoral day we saw so many irregularities happen … Anything prohibited occurred on election day — the use of alcoholic substances, the presence of village and commune chiefs around ballot stations and deletion of many voters’ names.”

The NEC publicized the official preliminary results of the July 27 election on Aug 9, with the incumbent Cambodian People’s Party winning 90 of the 123 parliamentarian seats available.

The Norodom Ranariddh Party (NRP) and Funcinpec have accepted the results they originally rejected, leaving the SRP and the HRP as the only two parties which remain firm in their stance against the results. The two opposition parties charge that that too many irregularities happened during the election such as the disappearance of some one million voters from the voters list and the falsification of 1018 forms that allowed people whose names were not included in the voters list to vote.

NEC President Im Suosdey said his organization has refused to consider the complaints due to a lack of evidence, and that the allegation regarding falsification of the 1018 papers is beyond the NEC’s capacity.

According to Article 114 of the Election Law the complaints would have had to include specific locations, times and identification of the perpetrators, said Keo Phalla, director of the NEC’s Litigation and Legal Service Department.

“The complaints are unclear … and there is no evidence. [Such] a demand … is not easy [to address],” Keo Phalla said.

However, Kong Sam Un argued that the NEC should be responsible for the cases of the false 1018 papers as it authorized commune chiefs to issue such documents.

“The issuance of false 1018 forms is certainly a penal case, and the NEC must assume responsibility,” he said.

Sacrava's Political Cartoon: 90 seats

Click on the cartoon to zoom in

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Political deadlock feared after election results

Tuesday, August 12, 2008
ABC Radio Australia

On Saturday Cambodia released interim election results and, just as expected, it was a thumping win to Hun Sen's Cambodian People's Party.

Despite the clear victory there are fears of a political deadlock emerging. Opposition parties are threatening to boycott next month's opening of the National Assembly. But the CPP, which won 58 per cent of the vote, has warned the opposition parties to show up or risk being stripped of their seats.

Presenter: Chhieng Yuth
Speakers: Cheam Yeap, Cambodian People's Party spokesman; Son Chhay, Sam Rainsy Party MP; Ok Serei Sopheak , independent political analyst

Click here to listen to the audio program in English

Official election result unveiled

Monday, 11 August 2008
Khoun Leakhana & Touch Yuthea
With additional reporting by Neth Pheaktra
The Mekong Times

It’s official – the Cambodian People’s Party (CPP) are to take the reins of government once again having taken around 58 percent of the vote in the recent general election, according to the preliminary official results released by the National Election Committee (NEC) Saturday.

The CPP received 3,492,374 of the total 6,010,277 votes cast, though, under Cambodia’s parliamentary system, the CPP will control a substantial majority of the Kingdom’s National Assembly (NA), with 90 of the total 123 seats.

The CPP’s percentage of the vote is up this election, from 39.63 percent in 1993, 41.67 percent in 1998 and 47.30 percent in 2003, said the NEC.

Trailing the CPP in this year’s election was the major opposition Sam Rainsy Party (SRP) with 1,316,714 votes, or 21.90 percent of the total.

The opposition Human Rights Party (HRP) and Norodom Ranariddh Party (NRP) took 397,816 and 337,943 votes, or 6.61 percent and 5.62 percent of the total respectively.

Sin Chumbo, deputy director of the NEC, declined to reveal the number of seats for each party, saying this would be included in the final official report in early August.

Sin Chumbo said that political parties may lodge complaints within 72 hours of Saturday’s announcement – by 8 am Tuesday morning.

Keo Phalla, head of the NEC’s legal service department, told The Mekong Times that only the NRP had so far made an official complaint. The NRP apparently complained of “many irregularities,” especially the use of the controversial ‘1018’ forms that allow anonymous voting.

Unsurprisingly, the CPP welcomed the results, calling them “the real will of the people” in an official statement attributed to its chairman, Chea Sim.

“As democrats with a great respect for national interests, all political parties that took part in the election should accept the election outcome,” he wrote.

But the SRP, HRP and NRP have alleged many irregularities took place, including “ghost” voters, deletions from the voter lists and anonymous voting, causing over one million Cambodians to be denied their right to vote.

NEC Vice Chairman Sin Chumbo and NEC Secretary General Tep Nytha denied the accusations, noting that national and international observers appraised the election as fair and free.

But opposition firebrand SRP President Sam Rainsy called newly elected CPP parliamentarians “ghosts, Vietnamese and illegible voters.”

Senior CPP lawmaker Cheam Yeap was unsurprised by Sam Rainsy’s remarks.

“Sam Rainsy and his people cry like this every time after an election, but his cries cannot defeat the law,” he said. “The CPP received 90 seats because the people sincerely supported and voted for the CPP, as they found that only the CPP can lead the country and that the SRP is not reliable.”

Sam Rainsy warned that the result would create “huge instability” in Cambodia, so SRP parliamentarians will boycott the first NA session, scheduled to be held Sep 24. “If we join the meeting, it means that we recognize the election outcome. Thus, we will not join the meeting,” he explained.

The NRP and HRP are also to boycott the first NA session, NRP spokesman Muth Chantha confirmed.

“If there is no proper and fair resolution to election fraud, the NRP will boycott the NA session, but the boycott does not mean that we will abandon our parliamentarian seats,” he said.

HRP senior official Keat Sokun said that the HRP “cannot accept the election outcome if our lawsuits are not resolved. And we will not attend the NA session, but we will not abandon our seats in the NA.”

Cheam Yeap said the NA boycott was sour grapes at “wanting more posts in NA commissions.”

“First, the SRP want to join the government, but the CPP does not want [them]. Second, the SRP wants to share the positions of NA [commission] chairmen or vice chairmen with the CPP,” Cheam Yeap claimed.

He cautioned that “if any party does not attend the session after seven days of its first session, it [the boycott] is automatically regarded as an abandonment of the NA seats.”