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KINGDOM OF CAMBODIA
NATION – RELIGION - KING
Royal Cambodian Government
File # Information 54
To Samdach Akeak Moha Ponhea Chakkrei Heng Samrin,
President of the National Assembly
Subject: Request by four SRP Members of Parliament: HE Sam Rainsy, HE Khim Lakky, HE Mao Monivann and HE Cheam Channy for the Royal Government of Cambodia (RGC) to answer questions accusing the RGC of violating the 1991 Paris Peace Agreements (PPA).
Reference: Letter No. 661 RS, dated 15 October 2010 from the National Assembly.
Referring to the subject above, I have a great honor to inform your excellency Samdach Akeak Moha Ponhea Chakkrei, President of the National Assembly, the following:
Prior to my obligation to answer to the owners of the questions, I have to be very cautious in examining the depth and the meaning of this letter. Furthermore, as the Prime minister who leads the executive branch in the Kingdom of Cambodia, I fully respect the high merit of its democracy and the power of the National Assembly as the representative the Khmer People and as the nation’s supreme legislative branch based on the principle of division of power through a democratic parliamentary system as stipulated in the constitution, in particular, in regards to the rights of MPs to ask the government as stated in Article 96 of the constitution.
However, in regards to the letter from the four MPs dated 13 October 2010, its subject is clearly intended to accuse the RCG of "… violates the PPA…" as indicated. Not only that, the letter started by accusing to the RCG in its very first question, such as: "Why does the RCG violates the PPA…" before stating the other three questions. The intent to accuse clearly shows that the owners of the letter have already demonstrated their position on this issue, thus they do not have any doubt that would require my answer.
Therefore, if the owners of the questions have accused the RCG of "…violates the PPA…" already, they should avail themselves of their legitimate rights to file a complaint to the court and leave for the judge to make a decision. This is the right way according to the constitution, because the forum discussion in the assembly is not a hearing session to judge on the accusation from the MPs on the RCG. And the Prime Minister, like all other members of the RCG, should not use the National Assembly session to exercise their rights and requirements to provide answers to the accusation leveled by the MPs either.
Therefore, as the Prime Minister and the RGC representative, I do not have the rights to exercise my power in contrary to the constitution nor infringe the principle of the governing system, the principle of the rule of law and the democratic parliamentary system as clearly stipulated in the constitution. Based on the principle set by the constitution of Kingdom of Cambodia, I should cautiously avoid to associate myself with any bad habits of taking advantage of the parliament session as an accusation hearing platform, or to reply to such scheme that is outside of the democratic parliamentary governing system.
However, as the RCG leader who is responsible in front of the National Assembly and who abides by the constitution, both I and other members of the Council of Ministers, we always welcome by providing clarifications to answers to the parliament on questions asked by MPs which do not precede by accusation.
Furthermore, this letter was also written not within the context of an exchange between the legislative and the executive branches with the aim of national edification nor to foster any positive change, but this letter was written to reflect its motivation to incite and to cause trouble which is the way that the opposition puts into application for its destruction intention.
Politicians who prefer to use instigation to cause trouble are of no use to the nation, and they do not respond to the importance of the democratic principles at all.
In addition, it is a shame for me, as a Cambodian citizen, and I regret very much to see the accusations made by the four MPs who are also Cambodians as well, but they made the exact same accusations as those leveled by the extremist Thais on Cambodia, and on those questions [leveled by the Thais], the RCG took action to clarify them already. This accusation clearly demonstrated that the SRP MPs have defended and are defending the interest of another country against their own nation at a time when this foreign nation is violating Cambodia's territorial integrity, contrary to their MP’s pledge of allegiance as follow: "We pledge and are determined, even at the sacrifice our lives, to always protect, now and in the future the:
- Full independence of the Cambodian Motherland
- Full national integrity
- Legitimate territorial integrity of the country
- National unity without accepting any division or secessiom.
We all will definitely not allow anyone who whishes to interfere into the Cambodian internal affairs or impose their orders over our national and international political platform, and we will not serve any foreign interest."
Samdach the President of the Assembly, please understand and accept my highest ethical and moral with the explanation above, in respect to the national constitution with the aim of strengthening the rule of laws in Cambodia.
As explained above, please Samdach president be highly informed and forward this response to the accusers, as well as other MPs.
Please accept, Samdach Akeak Moha Ponhea Chakkrei, President of the National Assembly, my highest regards.
Phnom Penh 23rd October 2010
Prime Minister
(HUN SEN's signature)
Samdach Akeak Moha Sena Padei Decho Hun Sen
cc:
Royal palace
Secretariat of the Senate
Secretariat of the Nationa Assembly
Office of the Samdach Prime Minister
Office of the vice-PMs
For “information”
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