Post Election: The Stand Off & Deadlock

Written by Mediawatch-Newstopia

This [stand-off & death-lock] is not the first or the last time that Cambodia is facing, in fact it would be an imminent issue and obstacle for Cambodian politicians from all sides if there was not any "Political Will".

Constitution

Here are some articles of the the constitution regarding the formation of a new government.

• Article 76 stipulated, "Assembly consists at least 120 members".
  
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  Article 78-
  
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  The legislative term of the Assembly shall be 5 years and terminates on the day when the new assembly convenes.

• The assembly shall not be dissolved before the end of its term except when the Royal government is twice deposed within a period of twelve months. In this case, following a proposal from the Prime Minister and the approval of t he Assembly President, the King shall dissolve the Assembly.

• The election of a new assembly shall be held no later than 60 days from the date of dissolution. During this period, the Royal government shall only be empowered to conduct routine business.
  

Article 82-

• The assembly shall hold its first session no later than sixty days after the election upon notice by the King.
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  Before taking office, the assembly shall decide on the validity of each member's mandate and vote separately to choose a President, Vice- Presidents and members of each Commission by a 2/3 majority vote
  
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  All assembly members must take the oath before taking office according to the text contained in Annex 5.

Deadlock

On one hand, the current emerged winner - the Cambodia People's Party who won a land slide victory in the 27th July 2008 election, would not able to form a government on a particular set date - is said to schedule for 26th September, should the dead lock is remaining at its current.

On the other hand, the Sam Rainsy Party - the main "Opposition Party" who managed to pick another 2 seats [26 seats in total] has protested the election result and joined hand in hand with other minority parties - Human Rights Party, Funcipec and Nodom Rannariddh Party, with clear intention that they will boycott the swearing in ceremony.

Accordance with Article 76 of the constitution stipulated that "Assembly consists at least 120 members". Clearly, the winning party - Cambodia People's Party does not have the required numbers.

Article 82 stipulated that "The assembly shall hold its first session no later than sixty days after the election upon notice by the King". So the said scheduled date of 26th September 2008 for the 1st session/swearing in ceremony would not be realized should the deadlock remain.