A Change of Guard

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Friday 22 August 2008

Why should the Cambodian People reject the Election 2008's results?

By Mr. Serey Ratha Sourn
Chief Mission of CACJE

The full implementation of the 1991 Paris Peace Agreement is the only alternative to lead Cambodia toward freedom and democracy.

The European Union said, "Last weekend's national elections in Cambodia failed to meet international standards because of biases in favor of the country's ruling party."

The criticism came the day after Cambodian Prime Minister Hun Sen's ruling party – the Cambodian People's Party (the CPP) -- claimed it had won a landslide victory in parliamentary elections. The results were expected to usher in a new term for the premier who has ruled the country for 23 years.

Martin Callanan, the head of an EU election monitoring team, said, "All aspects of organizing Sunday's polls were 'dominated by the Cambodian People's Party,' which allow 'accusations of lack of impartiality' to be made, he said." (END of AP, PHNOM PENH, Cambodia, 07/29/08)

"Despite improvement s in electoral processes, Cambodia's recent election was flawed and did not meet key standards," international monitors said Tuesday.

"The poll was marred by the CPP's domination of media coverage, the improper deletion of people from registration lists so they could not vote, and other irregularities," said a preliminary report by 130 European Union election monitors.

"While the campaign was generally conducted in a more peaceful and open environment compared to previous elections, the 2008 National Assembly Elections have fallen short of a number of key international standards for democratic elections," said Martin Callanan who led the EU observers.

"Ultimately, it's up to the Cambodian people to accept or reject the results," Callanan said, adding that the EU would issue a more detailed report with recommendations in October.

The Asian Network For Free Elections (ANFREL) called for an investigation and "a serious penalty" for manipulation of the vote. (END of AFP, 07/29/08)

Presently, Cambodia is a police state just as were Poland, Czechoslovakia, Hungary, and Bulgaria etc… during their occupation by the Red Army of the Soviet Union. The elections in Central Europe during the Red Army occupation were merely a masquerade for the communist control of these countries by the Soviet Union.

In the same way as the police state of Central Europe, the Cambodian People Party (CPP) has absolute control of all aspects of Cambodian life: the police; the army; administration; education; healthcare; the economy; land; real estate; natural resources; and the National Election Committee (NEC) without transparency and true representative oversight.

As in Central Europe then, as in Cambodia now, the elections were a sham. Although less apparent, the People's Army of Vietnam's (PAVN) occupation of Cambodia is comparable to the Soviet Union's Red Army's occupation of the Eastern European countries.

Prime Minister Hun Sen publicly admitted in a speech broadcast on national radio, "Yes, I am a Vietnamese puppet. More than 100,000 Vietnamese soldiers still occupy Cambodia".

Hence, Vietnam has Cambodia under its thumbs.

The occupation of Cambodia by PAVN constitutes a flagrant violation of the October 23, 1991 Paris Peace Agreement.

While under Vietnam's control, CCP leaders signed the 1979, 1982, 1983, 1985 and 2005 treaties with Vietnam in violation of Cambodia's territorial integrity and sovereignty, and ceded lands and territorial seas to Vietnam, Laos and Thailand.

Through these treaties, millions of Vietnamese illegally flooded into Cambodia, and the majority of them have been authorized by the NEC to vote for CPP out a total of 8 million voters. Simultaneously, several hundred thousand legitimate Cambodians had their voting rights "ripped off", according to Puthea Hang, Executive Director of Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC). Without a doubt, these millions of illegal immigrant Vietnamese voters have artificially increased the number of CPP elected members.

How can we rectify the wrongs committed by the CPP and the Socialist Republic of Vietnam, the Kingdom of Thailand and the Lao People's Democratic Republic towards Cambodia?

The solution is the integral implementation of the Paris Peace Agreement of October 23rd, 1991.

Under CPP's watch, the elections have always been manipulated, rigged, unfair and undemocratic.

To reach the full implementation of the 1991 Paris Peace Agreement, we urge the opposition parties to stick to the following strategy in two stages:

The two main opposition parties, the Sam Rainsy Party (SRP) and Human Rights Party (HRP) must, as they have already done, reject the results of the July 27, 2008 election and continue to do so.

What exactly does it mean? This means that SRP and HRP must agree that they were awarded respectively 26 and 3 "elected members", but they must claim that they should have obtained more than 29 seats. Therefore, they are contesting the validity of the mandate of the 90 CPP's elected members to the Parliament.

Hence, simply put, the three opponent parties are not rejecting their own 29 "elected members" to Parliament.

Hence, the Article 118 E. of the Electoral Laws did not apply to these 29 "elected members". Therefore, NEC cannot rip off the mandate of these 29 "elected members" of SRP and HRP to distribute these 29 seats to other parties, as Hun Sen declares.

The first line of Article 76 of the Constitution of the Kingdom of Cambodia stipulates that the National Assembly consists at least of 120 members.

Hence, Article 76 will block the Fourth National Assembly from being fully constituted (born) if any four of the "elected members" refuse to participate to the first session of the Fourth National Assembly.

So, it needs only the non-participation to the first session of the Fourth National Assembly of any four "elected members" of SRP and HRP to block the Fourth National Assembly from being fully constituted.

Conversely, if 120 "elected members" participate to the first session of the Fourth National Assembly , which will be convened by the King, or in his absence, the Senate President Chea Sim's notice on September 24, 2008, then, the Fourth National Assembly will be de facto officially constituted because the CPP has at their disposal 90 "elected members".

"With a super majority of two-third, you can appoint a horse as President," said a US congressman.

Hence, a fortiori, CPP with its 90 elected members, (more than the two third majority, and more than the number required for a quorum of 87) can appoint anyone as President and the next day can strip that person of all parliamentary immunity rights, then, put him on trial by a Kangaroo Court and execute him as traitor to the Nation "Kangaroo Court" already condemned Norodom Ranariddh in absentia as a traitor.

Hence, the "90 seats for the CPP" is not acceptable because it is a sign that the elections are not really free and fair. Simply put, through a free and fair parliamentary election, in a true democracy, no political party of any country in the world can get more than a two-third majority. Only when the elections are not free and fair, such as under communism or fascism, can one party get more than a two-third majority of seats.

With 90 CPP "elected members", Cambodia will be forever under the dictatorship of the CPP.

According to NEC rules, the first session of the Fourth Assembly is to be held on September 24, 2008.

Therefore, according to article 78, the mandate of the Third National Assembly will terminate on September 24, 2008. Then, from that day on, the Hun Sen regime will become the caretaker government, legally empowered only to conduct routine business, and has no political and economic mandate to act on behalf of Cambodia. This already happened during 11 months of 2003-2004 until the unconstitutional package vote put an end to the stalemate.

If four "elected members" refuse to participate to the first session of the Fourth National Assembly, then, Cambodia will have neither a National Assembly nor a government.

Therefore, by blocking the Fourth Assembly from being fully constituted, the King, if he has the courage to do so, can ask for new elections to be organized and supervised by the United Nations, which is the only way to bring about the full implementation of the 1991 Paris Peace Agreement.

This is the only way to cut the Gordian knot and dismantle the police state that has ruled Cambodia since the signature of the 1991 Paris Peace Agreement.

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