The Mirror, Vol. 14, No. 678
“Phnom Penh: According to the first study by Sam Rainsy Party parliamentarians, since the general elections in 1993, or within 17 years, only six ministers appeared at the parliament to clarify questions. But government officials explained that, based on the regulations, there clarifications can be given both directly and verbally, or through letters.
“Findings from the study were shown publicly in a press conference on 20 August 2010. The team leader of the Sam Rainsy Party parliamentarians, Mr. Son Chhay, said that since 1993, probably only six ministers showed up to respond to questions of parliamentarians in the parliament. That means also that within one 3 years period there was only one minister making clarifications. Until now, the Prime Minister has never come to answer to questions from parliamentarians following Article 96 of the Constitution. It is different from other democratic countries where prime ministers and government members regularly appear to give clarifications in parliament.
Article 96:
The deputies have the right to put a motion against the Royal Government. The motion shall be submitted in writing through the Chairman of the National Assembly.
The replies shall be given by one or several ministers depending on the matters related to the accountability of one or several ministers. If the case concerns the overall policy of the Royal Government, the Prime Minister shall reply in person.
The explanations by the ministers or by the Prime Minister shall be given verbally or in writing.
The explanations shall be provided within 7 days after the day when the question is received.
In case of verbal reply, the Chairman of the National Assembly shall decide whether to hold an open debate or not. If there is no debate, the answer of the minister or the Prime Minister shall be considered final. If there is a debate, the questioner, other speakers, the ministers, or the Prime Minister may exchange views within the time-frame not exceeding one session.
The National Assembly shall establish one day each week for questions and answers. There shall be no vote during any session reserved for this purpose.
“Mr. Son Chhay added that the procedures for questioning and for inviting ministers to appear are difficult. Sometimes, only two months after a request letter was sent there is a response, and sometimes it takes even up to one year. Some ministers do not care about answering questions from parliamentarians.
“A parliamentarian, Mr. Son Chhay, presented a study about government members who did not properly adhere to the principles of the Constitution, which set the rules for questioning and answering to questions of parliamentarians through letters, or straight and verbally.
“Mr. Son Chhay said that 132 letters with questions were sent to members of the government in 2009, but they responded to only 23%, or 39 letters, from Sam Rainsy Party parliamentarians. Within eight months of 2010, Sam Rainsy Party parliamentarians submitted 47 letters to the government, but only 15 letters received a response.
“Mr. Son Chhay added, ‘In 2009, we sent 24 letters to Prime Minister Samdech Hun Sen, and he responded to 13 letters. The Prime Minister answered more questions than others among the members of the government. The Minister of Interior, Mr. Sar Kheng, received 21 letters from parliamentarians in 2009 and he replied to 9 letters, and in 2010, he received 8 letters and he responded to 2.’
“Mr. Son Chhay went on to say that Sam Rainsy Party parliamentarians sent 10 letters in 2009 and 2 more letters in 2010 to the Minister of Water Resources and Meteorology, Mr. Kim Kean Hor, but he did not respond at all. Also, the Minister of Commerce, Mr. Cham Prasidh, did not respond to questions from parliamentarians.
“Mr. Son Chhay stressed that submitting letters to request clarifications and to invite members of the governments, including the head of the government, to appear to clarify questions from parliamentarians in the parliament itself allow the government time to defend itself and to present its achievements in the past. This also helps to encourages the government to work with responsibility. ‘We aim to strengthen the implementation of democracy and to consolidate national institutions.’
“Also, another statement was released by Sam Rainsy Party parliamentarians over the loss of their roles in the parliament of Cambodia. Sam Rainsy Party parliamentarians voiced strong concern about the possible disappearance of democracy in Cambodia, which is affecting national development and social tranquility more seriously.
“Sam Rainsy Party parliamentarians appeal to the ruling party to immediately check to fix all the limitations in order to appropriately implement the principles of multi-party democracy, as stated in the Constitution of 1993.
“Responding to the above mentioned concerns, a spokesperson of the Press and Quick Reaction Unit of the Council of Ministers, Mr. Tith Sothea, said that to respond, there are two ways: responding by letter, or directly and verbally. So far, government officials frequently sent official letters, and sometimes they appeared directly in parliament to respond. He added that the government is formed by elections, and the Cambodian People’s Party, that won a massive support in the parliament, always rules the country following democracy and respecting the rights of the citizens, who are the voters. The government is not dictatorial or lawless. The government is on the right tract based on democracy. If the opposition party wants further reforms beyond this, it has to wait until it wins the elections.
“A senior member of the Cambodian People’s Party and a long standing member of the National Assembly, Mr. Cheam Yeap, said that the Cambodian People’s Party always obeys the laws and the Constitution since 1993. Also, [the president of the National Assembly] Samdech Heng Samrin, often allows more Sam Rainsy Party parliamentarians than those from the Cambodian People’s Party to express their opinions along with the participation of national and international organizations that carefully observe the proceedings.
“In addition, during the press conference in the morning of 20 August 2010, Sam Rainsy Party parliamentarians announced that they have sent a letter to the US parliament and Senate to express their support for the United States of America adopting an amendment to financial legislation that requires US listed oil exploration companies operating in Cambodia to publicly disclose their expenditures and income. Sam Rainsy Party parliamentarians consider that this law helps to promote transparency in the investment and in the management of income from mines, and in the oil and gas sectors in Cambodia.” Rasmei Kampuchea, Vol.18, #5282, 21.8.2010
This article was first published by The Mirror, Vol. 14, No. 678 - Saturday, 21.8.2010
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Norbert Klein is the Editor of The Mirror – The Mirror is a daily comprehensive summary and translation of the major Khmer language press - More about The Mirror