Dear Mr. Rainsy,
Not
being a Cambodian, I would not normally comment publicly on Cambodian
political issues. However, since your “Appeal”, which has been
circulating on the internet recently, is directly addressed to
international opinion, it seems acceptable for a foreigner like me to
comment.
I
am not a parliamentarian, and therefore I am not eligible to join the
“International Parliamentary Committee for Democratic Elections in
Cambodia”. But, even if I were a parliamentarian, I would not be signing
up. I would like to explain why.
For
a start, the name of your committee implies that Cambodia does not
currently have democratic elections, something that is simply untrue. I
have been resident in Cambodia for a dozen years. During that time, all
direct elections (for the National Assembly and for commune/sangkat
councils) have been extensively observed by foreign and domestic
observers. While of course not finding the proceedings flawless, the
overwhelming majority of observers in all cases have found that the
election results reflected the intentions of the voters; they were
democratic.
Secondly,
I think it is bad practice for foreign parliamentary bodies to
intervene in any country’s governmental processes unless that country is
highly dictatorial and lacking in most basic freedoms. This is clearly
not the situation of Cambodia, which has a vibrant press and five
different parties represented in the National Assembly.
It
is unfortunately easy for a body like the European Parliament to be
swayed by one-sided accounts of the situation in a country with which
most of its members have little familiarity. For example, some might not
realise that while your party is indeed the second largest in the
National Assembly, in the last election it won a national total of
21.9%, the same percentage it won in 2003 (you can say your vote
increased, but only because the total number of voters increased). Those
are not figures likely to strike terror into the heart of a governing
party that won 58.1% of the total vote in 2008.
Thirdly,
I find your description of your parliamentary difficulties contrary to
what I believe to be reality. You write that you were
“unconstitutionally expelled” from the National Assembly in 1995, 2005
and 2011. As far as I can see, in each case your expulsion was in
accordance with the constitution and relevant laws:
a. In 1995, you were removed because you were no longer a member of the party, FUNCINPEC, under whose name you had been elected.
b.
In 2005, the National Assembly removed you after you were convicted and
sentenced for criminal defamation. Furthermore, you neglect to mention
that your absence from Cambodia to avoid the court’s sentence lasted
only two months, because Prime Minister Hun Sen asked and received a
royal pardon for you. (I notice that your April 2011 version of this
appeal omits any reference to your 2005 expulsion. Did it not seem so
serious a year ago?)
c.
The National Assembly voted to remove you in 2011 after you had lost
all your appeals against your conviction for criminally removing border
posts that had been placed by the joint Cambodian-Vietnamese border
committee. You call these convictions “political charges”, but can you
cite any country in the world where parliamentarians or anyone else is
allowed at will to rip up border posts placed by a duly constituted
border commission?
And, according to news reports, you have continued advocating such lawless behaviour. For example, the Cambodia Daily
reported on 24 October 2011 that, in a video link from Paris, you told
200 members of your party in Phnom Penh: “You have to gather with me to
uproot 300 more markers. I appeal to all Khmer people to join together
and walk along the border to uproot 300 markers ...” What is the point
of having democratic elections if a minority can veto the actions of the
elected government? It seems to me that in this case it was, not the
prosecution, but the crime, that was “politically motivated”.
This
relates to a fourth problem I have with your Appeal: your attitude to
democracy. To you, democracy seems to mean the right to impose your
ideas or policies, in disregard of the expressed will of the majority.
This was most grotesquely apparent after the 2003 National Assembly
elections. As you will recall, the Cambodian People’s Party won 73
seats, FUNCINPEC 26 and your Sam Rainsy Party 24. For the government
under Prime Minister Hun Sen, this was a clear improvement on the
previous National Assembly, in which the CPP held 64 seats.
Nevertheless,
you and FUNCINPEC collaborated in an effort to deny the clearly
expressed will of the majority. Taking advantage of the constitutional
provision (since repealed) that required a two-thirds majority to
approve a new government, you blocked the installation of a new
government with Hun Sen as Prime Minister. This situation lasted for
more than a year, until wiser heads finally prevailed within FUNCINPEC
and ended the constitutional blockade. If it had been solely up to you, I
suspect the government that Cambodians voted for in 2003 would never
have taken office.
In
short, your “International Parliamentary Committee” appears to be an
attempt to entice gullible foreigners into intervening in Cambodia’s
internal politics. That might seem easier than winning the votes of
Cambodian citizens, but the latter is the only road to success in a
democracy.
Allen Myers
13 March 2012