Member of Parliament (MP) mainly the freedom of expression. Civil Society Organizations have noted that political Parties influence has been increased, mostly political leader over the MP in 1st legislation started from the parliamentary membership withdrawal of H.E.Mr. Sam Rainsy from FUNCINPEC, 3 senators; H.E.Mr. Chhang Song, H.E.Mr. Phay Siphan and H.E.Mr. Pou Savath; of Cambodian People Party (CPP), and the recently attempt for parliamentary membership withdrawal of H.E.Mr. Khem Veasna from Sam Rainsy (SRP).

Parliamentary membership withdrawal is affirmed of resignation or political membership loses applies to article 120 of the National Assembly (NA) election law. Actually, in reason of freedom of expression and political internal rule application should not effect the right, function, and legitimacy of MP who is elected by the citizen and ensured by several articles of constitution as article 77 stated that “ the representative in national assembly, not only represent the citizens of its constituency but also represent the whole Khmer nation. Any imperative mandate shall be considered as null”. Article 80 stated that “any representative shall not be accused, arrested or detained in reason of expression in accomplishing its function. And article 104 stated that any senator shall not be accused, arrested, detained in reason of expression in accomplishing its function.

Civil Society Organizations concern that parliamentary membership withdrawal will provoke the MPs hesitancy in expressing of opinions, constructive critic, and will continue to decline the legislative function; power and role playing that make the check and balance with the executive branch. MP withdrawal in one constituency does not only impact to its constituency but also impact to citizens in whole country.

Recommendation:

1-Article 120 of national assembly election law should be checked constitutionality and amended.

2-Political parties should declare not to withdraw its MPs with political reason and political membership loses (As in the 100 rules of SRP, article 11) and political parties should respectively imply their declaration.

For more information, please contact:
▪ Mr. Thun Saray President of ADHOC and first representative of COMFREL 016 880 509
▪ Mr. Sok Sam Oeun Coordinator of CHRAC and Executive Director of CDP 012 90 11 99
▪ Mr. Koul Panha Executive Director of COMFREL 012 94 20 17
▪ Mrs. Kek Galabru President of LICADHO 012 802 506
▪ Mr. Kem Sokha President of CCHR 012 539 999
▪ Mr. Yang Kim Eng President of KYA 016 828 211
▪ Mrs. Nay Dina Director of KID 011 924 286
▪ Mr. Hang Puthea Executive Director of NICFEC 012 959 666
▪ Mr. Mak Sarath Coordinator of YCC 012 992 401
▪ Mr. Mom Sarin Executive Director of KKKHRA 011 738 975

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