A PHNOM PENH POST SPECIAL REPORT
Inside – 8 pages
Issue NUMBER 1642
Terrazza RISTORANTE ITALIANO
Successful People Read The Post
friday, june 7, 2013
Kingdom’s banks vulnerable
Business page 7
Elton John urges compassion
Assembly now invalid: opposition
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world page 16
Suu Kyi: ‘I want to run for president’ MYANMAR opposition leader Aung San Suu Kyi yesterday declared her intention to run for president, calling for all of the country’s people to share the fruits of its dramatic reforms. Addressing the World Economic Forum (WEF) on East Asia in the capital Naypyidaw, the Nobel peace laureate appealed for the amendment of the military-drafted constitution which prevents her from leading the country. “I want to run for president and I’m quite frank about it,” the veteran democracy activist told delegates, as she sets her sights on elections due to be held in 2015. “If I pretended that I didn’t want to be president, I wouldn’t be honest,” she added. The current constitution blocks anyone whose spouses or children are overseas citizens from being appointed by parliament for the top job. Suu Kyi’s two sons with her late husband Michael Aris are British and the clause is widely believed to be targeted at the Nobel laureate. Changing certain parts of the text
Shane Worrell and Vong Sokheng
A DECISION to strip all opposition and two royalist lawmakers of their parliamentary status and salaries is an unconstitutional move that has by default dissolved the National Assembly, Cambodia National Rescue Party parliamentarians said yesterday. On Wednesday, the 12-member National Assembly permanent committee – comprising solely of ruling party legislators – barred 24 Sam Rainsy Party, three Human Rights Party and two Norodom Ranariddh Party lawmakers from political debates, including today’s Khmer Rouge crimes-denial law discussion, and froze their salaries. In a joint statement, the SRP and the HRP said the National Assembly permanent committee’s decision to ban its lawmakers had rendered the parliament invalid. “According to Article 76 of the Constitution, the National Assembly must have at least 120 members,” the statement says. “If the number of lawmakers is less than the number spelled out in the Constitution, this will lead to the National Assembly being dissolved before the mandate.” Ruling Cambodian People’s Party legislators mocked their SRP and HRP counterparts last month in parliament, claiming their presence was illegal due to the fact they had resigned from those parties to join the CNRP, a merger formed of the two parties. On Wednesday, they took it a step further. “We have not fired them – they have fired themselves,” CPP policymaker Chheang Vun said yesterday. “They have to look at the Constitution and the law on political parties, which says lawmakers who become members of a new political party are automatically no longer members of the National Assembly. It’s about the law.” But banned opposition lawmaker Son Chhay said no such law existed and he had written to National Assembly President Heng Samrin after the CPP’s demand that their salaries be docked last month to explain just that. “The National Assembly will lose its functionality,” he said. “The country will be in a constitutional crisis.” Legal experts yesterday were also concerned over the potential unconstitutionality of the move. “When they shift or change their party [like this], it shouldn’t affect them. The spirit of
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Under water A German rescue worker rides in a boat through the streets of the old town centre of Meissen after it was flooded by the Elbe river yesterday. Central Europe is experiencing its worst floods in a decade. REUTERS
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The denial law dilemma Abby Seiff Analysis
W
HEN Cambodia almost certainly passes draft legislation today outlawing the denial of Khmer Rouge crimes, it will join the ranks of more than a dozen countries around the world to boast such laws. But while those countries have provisos within their constitutions making denial laws legal, Cambodia has none, and the apparent unconstitutionality of the law – coupled with the timing – has raised concerns that it will be little more than a dangerous legal precedent and a cudgel with which to silence dissent.
Constitutionality questioned “According to the constitution, every law has to be in line with the constitution,” noted Panhavuth Long, program officer at the Cambodian Justice Initiative. “That kind of proposed law violates the principle of freedom of expression.” Article 41 of the constitution enshrines the right to freedom of expression as long as it is not used “to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security.” Interpreting that exception in such a broad light is unprecedented,
say lawyers and rights monitors. “It is an overly broad interpretation. The international norm is that the exception is the exception and not the rule. We have to go with the strictest interpretation of freedom of expression,” said Cambodian Center for Human Rights president Ou Virak. On May 20, the Council of Ministers posted a recording on its website in which opposition party leader Kem Sokha can be heard saying that the infamous torture centre S-21 “was staged”. A day after news of the recording
came out, Sokha said the words had been taken out of context, that he meant only to imply the Khmer Rouge made a theatre of Tuol Sleng by forcing confessions, and stressed he had no doubt “about the torture and cruelty that the Khmer Rouge inflicted on Khmer people”. But amid outcry over the incident, Prime Minister Hun Sen asked parliament to develop a denial law outlawing such statements. “In Europe, whoever dares to say that Hitler did not kill those people must be guilty,” the premier said in a speech last week, before asking that similar legislation be drafted here. Continues on page 6
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