We, the Members of the Cambodian Human Rights Action Committee (CHRAC), COMFREL and NICFEC, kindly request the King to issue a statement of opinion on the “package vote” procedure proposed for the creation of the new government.

It has come to our attention that on 30 June 2004 the Cambodian People’s Party (CPP) and FUNCINPEC signed an Agreement of Cooperation to set up the new third term government using a “package vote” procedure by which the selection of the President and Vice-Presidents of the National Assembly as well as the Prime Minister will take place in a simultaneous and linked vote. Votes are to be expressed by an open show of hands.

The “package vote” is a violation of the Constitution, the supreme law of the Kingdom, which has no article which would permit this type of voting.

The vote is scheduled to be held on either the 13th, 14th or 15th of July. This means that the heads of the National Assembly and the Prime Minister will be elected at the same time, thus violating Article 82 and Article 119 of the Constitution. Article 119 holds, “At the recommendation of the President and with the agreement of both Vice-Presidents of the Assembly, the King shall designate an official from among the representatives of the winning party to form a Royal Government. This official, along with the other members chosen from the political parties, shall then present themselves to the National Assembly to ask for a vote of confidence. After the Assembly has given its vote of confidence, the King shall issue a Royal decree appointing the entire Council of Ministers”

The “package vote” eliminates the role of the King. This is against the letter and the spirit of the Constitution which provides that power should be separated between the executive and legislative branches. We believe our leaders must set a good example to citizens especially with regard to the Constitution which is the highest law of Cambodia. If our leaders do not respect the Constitution how can they expect citizens to abide by the rule of law? How can they maintain the trust of international donors?

We suggest that if these two parties do not trust each other, they may make official statements of support to each other, but the vote must not take place at the same time. At the very least, the election for the leadership of the National Assembly should take place in the morning and the election for the Prime Minister of the Royal Government in the afternoon.

We are all grateful to You, our King and Queen, and wish to convey our deepest affections. May You be blessed with good health and longevity.

For more information, please contact:
▪ Cambodian Human Rights Action Committee (CHRAC)
▪ COMFREL
▪ NICFEC

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