Meeting of CPP and CNRP

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Posted by: | Posted on: June 19, 2016

Crisis of Constitutional Audacity of Cambodia

CRISIS OF CONSTITUTIONAL AUDACITY OF CAMBODIA

Abstract:

Cambodia-Constitution-2556-2012b At the present, Cambodia political landscape is heading towards constitutional crisis as two official political parties ie. CPP and CNRP have faced challenges on comprehension and implementation of many articles within the Constitution.

As the matter of fact, government-led party CPP interpreted article 80 differently from CNRP on “Parliamentary Impunity”. Hence, the interpretation has happened solely after the Constitution violations were already triggered. For instance, Prime Minister voiced his public rhetoric in many places on arresting or jailing law-makers, news report wrote adamantly on his direct control over arresting Senator Hong Sok Hour and many other figures. Strategists expressed ideas on arresting and jailing dissents and law-makers of Premier as “three steps ahead” such as 1. outpacing all his comrades within the party, 2. disengaging all responsible bodies to ensure constitutionality, 3. leaving opposition party in limbo in catching up their democratic procedures and principal.  Premier has played direct role to conduct his political strategies to disengage and to threaten both legal practitioners and law-abiders within his party. As a result, every legal practitioner and law-abider are silent allowing few individuals to interpret laws that could fit well with those initial activities. The initial activities were called by Cambodian popular adage as “cutting head to fit with hat” approach. And the Premier has created “claws” to back up his “political plans”, those claws are grade-one loyalists whom are emerged as “kin relationship”, not “common interest relationship” per se.

Considering “Constitution” as “Head”, such reversal approach is devastating to the nation in short term and future sustainability. Constitutional crisis is in disarray as the body to ensure constitutionality ie. “Constitutional Council” has displayed bad image on “trust”, “impartiality”, and “ability” to work independently and professionally.

The inability to seek competent body to solve issue on “Constitutional Crisis” shall result in: 1- strong built-up concentrated power and consolidated personality regime deadly confronts with principles of democracy, 2- emerging political violence stemming from “black” and “white” politics or “confrontational” regime scenario in which 55 laws-makers of CNRP has likely been forced to give up parliamentary building by going back to street protesting and activism.

Case Study:

Putting aside Weberian school on “Institution” building, or Rousseau’s thought on “Social Contract” principality, I am found comments from CNRP-NA intriguing.

First comment (please click on this link to read the entire comment) on “Parliamentary Impunity” as Article 80 stated “Members of the National Assembly shall enjoy parliamentary immunity. No Member of the National Assembly shall be prosecuted, detained or arrested because of opinions expressed in the exercise of his/her duties. A Member of the National Assembly may only be prosecuted, arrested or detained with the permission of the National Assembly or by the Standing Committee of the National Assembly between sessions, except in case of flagrant delicto offences. In that case, the competent authority shall immediately report to the National Assembly or to the Standing Committee and request permission. The decision of the Standing Committee of the National Assembly shall be submitted to the National Assembly at its next session, for approval by a two thirds majority vote of all Members of the National Assembly. In any case, the detention or prosecution of a Member of the National Assembly shall be suspended if the National Assembly requires that the detention or prosecution be suspended by a three quarter majority vote of all Members of the National Assembly“.

The comment sought understanding of “flagrant delicto”, “due processes of law”, “due diligence and professionalism” of legal practitioners, and “presumption of innocence” etc.  More than this, many articles within the ratified Constitution has not been undertaken by the incumbent government which posed questions on “political will” to conduct governance and administration diligently or to comply with the laws.

Second comment (please click on this link to read the whole comment) on “Constitutional Interpretation” conducted by the Ministry of Justice is one of the visible violation on constitutionality especially not only Article 80 that has been violated, the interpretation ignored the duty and ability of the “Constitutional Council” as stated in Article 136 (new). The comment also articulated on how Premier has conducted his political career through repeated contraventions on “Constitution” without having mechanism to handle with. It seems both official parties: CPP and CNRP are lacking comprehension to value “national interest as supremacy” by allowing individual Premier to beat the drum and select his own dancing tune inside his private studio room without worrying any legal reprisal.

Recommendation:

As nation means collective social, political and economic burden, individual or spatial activity to claim responsibility of this nation is not due at all. To ensure such claim in concrete implementation, Cambodia is in need “Institution” that is built by and complied with “Constitution”. Thus, any one who has violated the Constitution must be trialed or having mechanism to trial those. Constitution is the supreme law to ensure workable institution, but if each political party is shortage in Institution Implementation within their parties, it is in vain as well.

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Posted by: | Posted on: July 23, 2014

Political deadlock is broken on mere realistic implementation

Preamble:

deadlock break in cambodia As Hun Sen walked out from the Senate Building, he spontaneously told the waiting reporters that “victory, let together help applaud”. Cambodian people and supporters have posited doubt on what “victory” he mean? The agreement both parties signed seem show clear road-map bringing into implementation, but sympathizers see this as “output” not the “outcome” at all. On the other hand, some articles on the agreement are still vague and need more time to realistically articulate them. The victory might be plausible for Hun Sen as he will lead this government legitimately for another 5 years while Sam Rainsy is feeling relaxed as his 7 MPs-elect and one activist can walk out the prison as a bail from their unjust pre-trial detention. The two phenomenon is very dichotomous.

The doubtful theme of the agreement to breakthrough the deadlock:

Beside of clear numbers, roles and responsibility for power sharing within the parliament, the important agendas on National Election Committee (NEC) in-dept reform and the rescheduling of early election date caused by recent protests of election flaws, both are not yet written. The agreement just said they will anticipate with the task force of both parties to work on it. According to the publicized agreement (in Khmer and translated into English by KEEN Languages Interpreter), the current NEC that CNRP has fought vehemently, is still having full authority to conduct their tasks, and the agreed statement on 4 members of the NEC selected by the CNRP must go through this current NEC’s mission as usual before the new NEC body is created. The 9 members of the NEC or the formula of 4+4+1 will be deliberately applying to all levels such as provincial and district NEC, or just the top NINE? For the new date of early election is not mentioned exactly within the agreement as it will depend on the task force from both sides.

For the power sharing within the parliament, CNRP is expecting to build rule of law from within the parliament on their insisting demand of “check and balance” governance by having separate power between Legislative and Executive. Hence, the agreement doesn’t say anything about Judiciary. Further more, there are loopholes on those 10 committees especially the possible inefficient work interaction. For instance, the “investigation, cleaning-up and anti-corruption” is led by CNRP including many other committees but not the “Finance”, or “Interior”, or “Public Services” etc. that will posit difficulty for CNRP to operate their task smoothly. The most challenging thing for CNRP is probably the limit of human resources.

The CNRP Leadership:

The agreement is lacking to mention the proper party name as “The Cambodia National Rescue Party” by writing only “National Rescue Party” which is a sign I would like to link to that CNRP cannot isolate itself from their people (supporters). Thus, the leaders of all levels must work hard to explain the reasons to join the parliament this time to the people (their supporters) before those supporters are confused by others. Sam Rainsy who is the president of the party is seen likely unhappy from this deal. His first word to the public is we have no option, national reconciliation and compromise is the most important thing. His speech posited many invisible meaning for all of us.

He might foresee the long run consequences after CNRP joint the parliament. He has hugely gained experiences in Cambodian politics especially in handling with his everlasting rival, Hun Sen.

During this recent decades, I can say Sam Rainsy is a great Khmer leader who is projecting his new vital leadership to pave a new strong social fabric of Cambodia. Observers have simultaneously said that Cambodian social fabric has been so fragile. Violence, corruption and abusing of power etc. are easily happened by this post-Khmer Rouge  society pattern. Visionary and long-sighted leader is a leader who comprehend this fragility and he is pragmatically staying in focus to bring about candid social fabric for Cambodian people.

As the challenges, Cambodian social fabric is not only referring to the whole nation, but the biggest fractions such as CNRP party and CPP party. For Sam Rainsy, CNRP has many thing falling behind especially good flows of bureaucratic leadership and capable merit-based candidates appointment. While the party is emerged as the role model for Cambodian people especially the new aspiration of younger generation, the party-based candidates and staffs selection is seen not different from the CPP’s. By unparalleled on finance base and armed forces, the CNRP must ensure that the party can recruit the best candidates as their agents and can maintain the increasing people popularity.

By Sophoan Seng

Posted by: | Posted on: July 22, 2014

Translation of Negotiation Agreement between CNRP and CPP

Agreement

On

Political resolution between Cambodian People’s Party and Cambodia National Rescue Party

———

Translation of Agreement between CPP and CNRP-page-001 –          By seeing the peaceful resolution through negotiation which is only best way to breakthrough the ongoing political problem after parliamentary election on the fifth mandate of the assembly on July 28th, 2013.

–          Respecting the wills of Cambodian people and for the greatest interest of the nation.

Top leaders of the Cambodian People’s Party and National Rescue Party met to discuss on July 22nd, 2014 at the Senate Building and agreed on the political resolution as outlined following:

Article 1:

 

Translation of Agreement between CPP and CNRP-page-002     Both parties agree on political resolution by working together within the assembly to solve all national problems in accordance with democratic principles and the rule of law.

Article 2:

According to the joint statement of the supreme meeting between Cambodian People’s Party and National Rescue Party on September 16th, 2013, both parties agreed to reform the election by creating the election institution as the full independent institution stipulated by the additional chapter of the constitution and committee of this institution must be selected by law-makers through utmost major votes of the total members of the assembly.

Translation of Agreement between CPP and CNRP-page-003The national election committee comprises of 9 members in which 4 members are selected by government-led party, 4 members are selected by assembly-seated party and 1 member is selected by agreement between assembly-seated parties. Assembly’s permanent committees must proceed with open and transparent selection submitted by national election committee to the assembly to vote in confidence. In case, there is no creation of national election committee, national election committee that has already been established continues its task and have authority to manage the election according to the law. National election committee has autonomous operational budget for their task.

Both parties agree to allow the existing joint committee

 

Siv-channa13-1continues to discuss on agenda of election reform in the future in accordance to the joint statement of task force committee of Cambodian People’s Party and task force committee of National Rescue Party on February 18th, 2014 in which it also includes the new voters registration procedure.

Article 3:

Both parties agree to reschedule the election date for the future election.

 

deadlock break in cambodiaArticle 4:

Both parties agree to separate the power between executive branch and legislative branch. Both parties agree to study aiming to amend the internal regulations of the assembly so that this institution can fulfill its task correctly and effectively, among those are lifting up the roles and power of the assembly-seated party that rejects to join with the government in accordance to the constitution, laws and factual legal interactions. Both parties agree to manage assembly important chairmanship by arranging roles and duties of the permanent committees of the assembly through the formula of 7

deadlock broken and releasewith 6 by creating additional expertise committee by having the chair of the assembly from CPP, first vice chair from CNRP and second vice chair from CPP. New creating committee is the tenth committee named “investigation, cleaning-up and anti-corruption” by separating from the fourth committee and change the name of fourth committee to “interior, national defense and public services committee”. Committees that CPP holds chairmanship and secretary are the second committee, the fourth committee, the fifth committee, the sixth committee, and the ninth committee. Committees that CNRP holds chairmanship and secretary are the first committee, the third committee, the seventh committee, the eighth committee, and the tenth committee. Each committee

 

Mu Sochuacomprises of 9 members. Any committee in which a part leads as a chair that party reserves 5 members and another party reserves 4 members.

Article 5:

Both parties agree to re-arrange the chairmanship of the senate.

Article 6:

Both parties agree to conduct reform and strengthen the important national institutions especially all independent institutions enabling to serve the nation and citizens in accordance to democracy of pluralism and the rule of law.

Article 7:

Both parties agree to study aiming to amend the ancillary regulations guaranteeing the implementation of the agreement.

 

CPP’s Representation                                         CNRP’s Representation

 

 

(Signed)                                                                                 (Signed)

Samdech Aggha Mahasenapady Techo Hun Sen      H.E.Sam Rainsy

 

 

(signed)                (signed)              (signed)                     (signed)

H.E.Say Chhum    H.E.Sar Kheng     H.E.Kem Sokha    H.E.Pol Ham

Translation of Negotiation Agreement between CNRP and CPP

Posted by: | Posted on: February 18, 2014

Statement of the Meeting between CNRP & CPP

cnrpcpp meeting

Joint Statement of the Meeting
Between Working Group of Cambodia’s People Party and Working Group of Cambodia National Rescue Party
(Senate Building 18 February 2014)
— 

Joint Statement of the Meeting 18 Feb 2014-page-001

Courtesy of KEEN Languages Interpreter