According to an Agreement to Cooperate dated 30 June 2004, the Cambodian People's Party (CPP) and the FUNCINPEC Party "have agreed, in the spirit of ensuring the normal functioning of state institutions, to choose a package vote for the election of the President and Vice-Presidents of the National Assembly and for the vote of confidence in the Royal Government at the beginning of the parliamentary session to be chaired by the Dean of the Members of the Parliament."

We, the representatives of Cambodian NGOs, reject this “package vote” as well as its justification for the following reasons:

1. The parliamentary session chaired by the Dean of the Members of Parliament (MPs) for the “package vote” is in violation of Article 82 of the Constitution of the Kingdom of Cambodia. This article holds: “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.”

2. The “package vote” is not only in violation of Article 82 cited above, but also of the newly drafted Article 119 of the Constitution. It is specified in this article that: “At the recommendation of the President and with the agreement of both Vice-Presidents of the Assembly, the King shall designate a dignitary from among the representatives of the winning party to form a Royal Government. This designate dignitary shall lead his colleagues members of the Assembly or political parties represented in the Assembly who are to be placed in various positions in the Royal Government, to ask for a vote of confidence from the Assembly”

3. The “package vote”, concluded without the consent of the King who is revered by the people of Cambodia and who has an essential role in the designation of the Prime Minister of the country, is unacceptable to the Cambodian People.

4. The “package vote” is not only a violation of the Constitution but is also against the ethical standards which MPs have sworn to uphold. MPs have taken a solemn pledge to “respect the Constitution” before the King, the Buddhist Patriarchs, and Thevoda guardians of the Throne.

5. This violation of the Constitution, the “Supreme law of the Kingdom of Cambodia,” puts in doubt the legitimacy of the National Assembly and of the Royal Government.

6. Should such violations of the constitution be tolerated and repeated, the country risks sliding continuously towards dictatorship.

7. The legitimate concern of ensuring the normal functioning of state institutions is not an acceptable reason for violating the Constitution of the Kingdom of Cambodia. The current situation in Cambodia does not require any measure which would necessitate such a violation of the constitution - not for the maintenance, nor restoration, nor the stability of public order.

We therefore call upon the political leaders of Cambodia to respect the Constitution of the Kingdom of Cambodia, a fundamental and inviolable text.

For more information, please contact:
▪ Dr. Kek Galabru, Chairperson of CHRAC at 012 940 645
▪ Mr. Thun Saray, President of ADHOC at 016 880509
▪ Mr. Sok Sam Oeun. Chairperson of the CHRAC Sub-Committee on Legislation,
▪ Executive Director of CDP at 012 901 199
▪ Dr. Lao Monghay at 023 364 735
▪ E.H Kim Sokha President of Cambodia Human Rights Institute at 012 539 999
▪ Mr. Mom Sarin President of KKKHRA at 011 738 975
▪ Mr. Yong Kim Eng President of KYA at 016 828 211
▪ Mr. Kol Panha Executive director of COMFREL at 012 942 017
▪ Mr. Hang Puthea President of NEFIC at 012 959 666
▪ Ms Menh Navy advocacy of GAD
▪ Mrs. Dy Ratha President of IDA
▪ Miss. Touch Socheata Licadho
▪ Mrs.Lim Davy Director of CWARO
▪ Mrs. Ly Sunlina Licadho
▪ Mrs. Nuth Nang Social Worker of SKK
▪ Mrs. Chhoeun Thavy Director of Banteay Srei
▪ Mrs. Ek Pra Neith President of VAWCC
▪ Mrs. Rous Sopheap President of GAD
▪ Mrs. Chen Sokha Vice-Director of VYCD

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