Options, as Election Boycott Remains
Lawmakers and politicians said last week there were at least two paths available for the formation of a new government. (18 August 2008)
Lawmakers and politicians say there are at leasttwo paths available for the formation of a new government, despite the boycottof an upcoming swearing-in ceremony by two parties. The Sam Rainsy and Human Rights parties have vowed toboycott the ceremony, which is central to the formation of the NationalAssembly, but officials said options remain for the formation of the governmentthat would force both parties to participate or risk losing seats they won inJuly's election. The first option for the formation of the government wouldbe an interpretation by the Constitutional Council on whether the election lawrequires parties to give up their seats if they continue to boycott theresults. The second is an amendment of the same election law by the currentNational Assembly by the majority Cambodian People's Party ensuring that aboycott would end in the loss of seats. Officials said last week the first option would bepreferable to maintain plurality of government, as the second option wouldentail the elimination of a minority party's voice by the majority party. Butopposition leaders said the current National Assembly has no role to play, asits session was closed earlier this year. Nguon Nhil, first vice president of the present NationalAssembly, said on Thursday that the plenary meeting of the National Assembly,in which new members are set to be sworn in following the official announcementof election results in September, won’t be halted by the intended boycott ofthe two opposition parties. With the CPP's apparent win of 90 National Assembly seats inJuly's election, the party can easily turn out a two-thirds majority of the 123total seats, he said. That would allow the party to amend the constitution, orto quorum for a vote of confidence in the creation of the new National Assemblyand the appointment of the prime minister and the cabinet. Although the election has passed, the present NationalAssembly continues its duties until 60 days after the formal announcement ofresults by the National Election Committee and until the Constitutional Councilhas competed reviewing all appeals of election complaints, he said. However, opposition leader Sam Rainsy said recently thethird mandate of the National Assembly already has been closed, following theofficial pronouncement by National Assembly President Heng Samrin in April.With the session closed, the National Assembly has no legal basis to reopen andamend laws, he said. Furthermore, if a new National Assembly were to form withoutthe 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 partieswould not represent the will of the people in the election, Sam Rainsy said. "If the Assembly wants to hold a meeting, it can, but abig part of it would not represent eligible voters," he said. He declined to comment on whether the opposition wouldcontinue its boycott, pending results of a Constitutional Council review of itselection complaints, including widespread vote fraud. A continued boycott or further delays in the formation ofthe government will "depend on the result of the complaints," he said. The Constitutional Council is set to consider the Sam RainsyParty's appeals Tuesday. Son Soubert, a member of the Constitutional Council who isin the Human Rights Party, said recently the new National Assembly can form assoon as the Council determines the election was rightful. But, he said, the National Assembly must have theparticipation of all 123 elected representatives, meaning a boycott by theopposition could halt the process. With 90 seats in the new National Assembly, the CPP willhave more than the two-thirds necessary to quorum and pass legislation, hesaid, but the National Assembly will not be legitimate. "Now we don't have a law that states, 'an illegitimateAssembly cannot operate in case some political parties boycott,'" he said."This is the loophole." The loophole will be interpreted by the ConstitutionalCouncil, he said, adding that the CPP also had a majority of members in theCouncil. "Now they control all," he said. "So when itgoes to the Constitutional Council, they have a two-third [majority] there. Isay this as a citizen, not a Constitutional Council member." Meanwhile, the boycott of results and subsequent swearing-inceremony reflects the responsibility of lawmakers to their voters, if they haveclear, reasonable arguments, said Chhim Phalvorun, director of the CivicPopulation Institute and an expert on constitutional law. Such a boycott with clear arguments should not requirerelinquishing seats, which would lead to the feeling that voters were lookeddown upon, he said. The election law, however, cannot be amended if the countryis in a state of emergency, he said, nor if it meant impacting the a multi-partysystem or constitutional monarchy, which are outlined in the constitution. "It means the majority in a democratic Assembly canamend the constitution," he said, "but they cannot conspire to do sowhen the country is in a state of emergency, or conspire to eliminate Article51, which defends a democratic, multi-party [system]." Any interpretation, though, on whether an amendment isconstitutional, or whether it would adversely affect a mulit-party system,would be up to the interpretation of the Constitutional Council, which remainsCPP dominated. One last consideration: were the boycotting parties forcedto give up their seats to the other competing parties, the next NationalAssembly would actually contain more parties than any session in the past.