CIVIL RESISTANCE
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CIVIC EDUCATION
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First day of 3-day Protest and March to UNOHCHR 23 Oct. 2013 (22nd anniversary of Paris Peace Agreements) More photos on KI Media 1 | 2 | 3 | 4
2nd of 3-day Non-violent Protest, 24 Oct. 2013
Go to my Facebook pages for captions to these and other photos.
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France, Australia, Japan Endorse Vote at Expense of Democratic Principles
Human Rights Watch | 21 October 2013 “Hun Sen presided over a fundamentally flawed election,” said Brad Adams, Asia director. “Democratic leaders should skip the congratulations and instead insist on an independent investigation into malfeasance at the polls.”
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"Today and Tomorrow No Need Hun Sen Forever!!"
Well said, Venerable Monks! Democracy Square Phnom Penh, 23 Oct. 2013
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I will join the 3-day rally, beginning on Wednesday, Oct. 23, at Democracy Park.
- Theary, Phnom Penh, 21 Oct. 2013
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It's a dense legal brief on the issue of NATIONAL ASSEMBLY FORMATION but you are reading! Here are the figures of previews / downloads for these election- related commentaries, image taken this early Oct. 21 afternoon. - HOW THE NATIONAL ASSEMBLY IS FORMED: @70,400 - CONSTITUTIONAL COUP: 93,400+ - HONORABLE EXIT STRATEGY FOR HUN SEN: 122,000 - ANATOMY OF FRAUD: @130,000 - REASONABLENESS, DUE PROCESS: 140,100+ - CAMBODIA SPRING: @74,300 (not including in The Phnom Penh Post) - ELECTION IRREGULARITIES: @142,100 All these figures do not include the 2,000 emails we sent out to targeted individuals of media, diplomats and Cambodia watchers.
I will argue in this legal Commentary that:
When is the National Assembly formed? Or more accurately, how is the National Assembly formed?
Or, even more particularly, is the initial convening session a part of National Assembly formation and thus requires the “at least 120 members” of Art. 76?
The issue is not when or how is the Government formed. No one is contesting the needed simple (50+1) majority of MPs to form the Government. II. ARGUMENT SUMMARY 1. The formation of the National Assembly is a process that must satisfy four conditions: (i) the election results produced at least 120 members; (ii) these 120 MPs-elect convened the first session (iii) at the invitation of the King, and (iv) must take an oath before assuming official functions.
Only when these four conditions have been met is the National Assembly fully, legally, constitutionally formed. 2. The initial convening session—a component of formation, requiring the King to give notice with the attendance of “at least 120 members”—is distinct from the “ordinary” or “extraordinary” or any other session (particularly, Articles 83 and 88) where a quorum (absolute or 2/3 majority) determined its validity, most requiring that the President, Vice-Presidents and/or chairs of various commissions be already established.
3. The Article 82 initial convening session (of “formation” and not “functioning”—the language of CC Decision and Art. 82) includes: (i) notice by the King, (ii) validating of each MP-elect, (iii) voting separately (not by package) for the President, Vice-Presidents, and Commissioners as each position requires an absolute majority of votes, and (iv) taking an Oath of Allegiance.
Stated differently, Article 82 initial convening session is part of “formation”. It is different from Articles 83, 88 and other sessions of “functioning”.
If the initial convening session is a necessary condition of the “formation” (and not “functioning”) of the National Assembly, then it must have at least 120 members, as the formation of the National Assembly requires at least 120 members.
4. The formation of the National Assembly and the formation of the Government are separate but sequential processes: first the National Assembly, then the Government. 5. The election period (Art. 82 «ពេល បោះឆ្នោត») has not ended as (i) CNRP is also claiming victory, and (ii) CNRP and voters are demanding an independent joint commission to inquire into widespread election fraud. As such, it means that the "at least 120 members" cannot yet be determined. 6. As a consequence, the National Assembly has not been formed according to the plain language (ordinary reading) as well as the spirit of the law. It also follows that the Government has not been formed. 7. Hence, the current CPP-formed “National Assembly” and the CPP-formed “Government” are prima facie unconstitutional.
Those who are questioning Sam Rainsy's reasonings are challenging the settled, uncontested understanding of the plain language and spirit and intent of the law spanning the total 20 years of Constitutional and electoral history (Paris Peace Agreements to now) based on the inviolable constitutional provision of "multiparty, liberal democracy".
Their novel arguments raised only this September 2013 are based on the misunderstanding and misinterpreting of the law and their confusing of the issues. The real issue is when, or more accurately, HOW is the National Assembly formed. They are asking the wrong question of when/how the GOVERNMENT is formed. The formation of NA and of Govt are two distinct, separate (but sequential) processes. - Theary, Sihanoukville, 12 Oct. 2013 (updated Oct. 13)
X. LAW TALK 20 YEARS OF CAMBODIAN CONSTITUTION Moving towards implementation of Constitutional Law? 11.-13.10.2013 Sihanoukville Province, Independence Hotel Background Information The support for the development of the legal system in Cambodia has been one of the main priorities of the work of Konrad-Adenauer-Stiftung in Cambodia for many years. One of the essential elements of such a process is a flourishing discussion between different generations and experts on legal topics. Such discussion has been difficult in Cambodia for many years due to its historical legacy and the legal vacuum during and in the aftermath of the Khmer Rouge regime. Legal discourse is therefore still not well developed in Cambodia today. It seems particularly important to cultivate a culture of legal discussion in the spirit of academic freedom, and the Law Talks were designed as one element of such support. The Law Talks started in 2008, initially in formal cooperation mainly with the Senate, now, also with various law faculties. To date, nine law talks have been held. For the 10th Law Talk event and the 20th anniversary of the Cambodian Constitution, KAS selected the topic “20 years of Cambodian Constitution – Moving towards the implementation of constitutional law?” The present Constitution of the Kingdom of Cambodia is the sixth and latest version. It was adopted by the Constituent Assembly of representatives of the Cambodian People and promulgated by Norodom Sihanouk on 24 September 1993. It has since been amended seven times up until 2010. The constitution reflects modern constitutional characteristics – democracy, human rights and the rule of law; embedded in a constitutional monarchy system of parliamentary government guided by a strict separation of power. The Law Talk does not aim to provide a comprehensive analysis of the current status of the implementation of Cambodian Constitutional Law but rather to discuss the status of certain constitutional rights under the current system of the separation of powers and checks and balances in Cambodia and to put the Constitution and its implementation in the regional and international perspective. Objective of the Law Talk Promote increased understanding on the Cambodian Constitution and its implementation Promote a better understanding on the current status of constitutional law reform in Cambodia
My presentation on the first day was on The Right to Vote
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Stats of previews / downloads for election-related commentaries (Photo: Oct. 10 evening)
You are reading!
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The Phnom Penh Post | 10 Oct. 2013
Rainsy, whose party has boycotted the National Assembly citing unaddressed electoral complaints, references Article 76 of the Cambodian Constitution, which states: “The National Assembly consists of at least 120 members”.
He also references a Constitutional Council decision from 2003 that clarified Article 76 and another article in response to a request from lawmakers regarding the death, removal or incapacity of assembly members.
In the letter, Rainsy says the decision “specifies that the first meeting of the Assembly following any parliamentary elections must gather at least 120 members in order to be valid”.
He adds that only 68 ruling party lawmakers attended the inaugural session on September 23.
But lawyers yesterday expressed doubts that either the Constitution or the Constitutional Council’s 2003 decision could be interpreted in such a way.
* * * Theary: I am now drafting a response to The Phnom Penh Post to this gross misinterpretation by the "experts".
The Constitutional Council 2003's decision is UNAMBIGUOUS about the need for 120 members to form the National Assembly (i) after election results, and (ii) initial convening session.
(Read the complete decision, only 4-pages long in English on its website. The translation is VERY ACCURATE.) 1. The paragraph 1 of the article 76 of the Constitution The paragraph 1 of the article 76 of the Constitution stipulates: “The National Assembly is composed of at least 120 deputies”. This means that there shall be at least 120 deputies to be able to form the National Assembly at every legislature. Electoral law cannot limit the number of parliamentarians to less than 120. This paragraph 1 is a necessary condition for the formation of a National Assembly but not for its functioning.
(Complete decision of Constitutional Council in Khmer, July 2003, on its website)
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Generally, we steer clear of any interpretation that would create an absurd result which the original drafters/lawmakers did not intend. Or, what one of my law professors posits: “Does it pass the laugh test?”
With the present political impasse, the issue is whether the sole presence of the CPP satisfy the Constitutional intent of “a multi-party liberal democratic regime guaranteeing human rights and the respect of law” (Preamble) and the answer is a resounding NO!.
"Peace is not merely a distant goal that we seek, but a means by which we arrive at that goal." - Reverend Dr. Martin Luther King, Jr.
* * * In light of the comments to this commentary, I'd like to emphasize several points: 1. The exit strategy is premised on rare wisdom and rare courage and clarity of thinking, "enlightenment" if you will.
Thus, the difficulty of transforming from the ignominious Club of tinpot Dictators into the elite "Club" of Statesmen. 2. The exit strategy is to the benefit of Hun Sen (and his family, future generation), first and foremost.
3. The exit strategy is premised on the twin ideas of "surprise" of ANYONE to soar to honor, even if based on personal interests, and of patriotism (here, if deeply buried since his youth).
4. The exit strategy is premised on the idea of redemption, that no one is beyond turning around. - Theary, Phnom Penh, 21 Sept. 2013
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Honorable Exit Strategy
for Hun Sen
I am banking on an enlightened moment of wisdom for Hun Sen: he acts proactively and steps down “voluntarily”. Just think of the consequences which we know would naturally flow: in one deft, difficult, surprise move, Hun Sen instantly transforms himself into a statesman, an icon. In the annals of world history. The front page headlines of every newspaper in the world would herald the transformation: Former Khmer Rouge, Cambodia Strongman Steps Down as Statesman. All notable great leaders and statesmen act with an element of surprise when greatly tested. This is Hun Sen’s test. This is Hun Sen’s moment:
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The Phnom Penh Post | 9 Sept. 2013
Board of Trustees Meeting Ms. Theary C. Seng attending as Board President Tagaytay, The Philippines | 2 Sept. 2013
A View from the Inside: A Forum on the 2013 Cambodian National Elections Keynote speaker Theary C. Seng is a Cambodian lawyer and noted human rights activist. She is the President of the Board of Trustees of the ANSA-EAP Foundation, Inc. This forum is brought to you by the Affiliated Network for Social Accountability in East Asia and the Pacific (ANSA-EAP Foundation, Inc.), and the Ateneo School of Government (Manila, The Philippines). . . . Anatomy of Fraud
National Election Committee Must Adhere
to Standard of Reasonableness,
Respect Due Process
How to Understand and Resolve Technical Issues of Election Irregularities
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Look for my commentary about The Cambodia Spring in the Editorial Page of The Phnom Penh Post (entitled "Cambodia's Tipping Point") on Wednesday, 14 Aug. 2013
Grand Plans for $80-Billion Capital City Fit for a Techo The Cambodia Daily | 9 August 2013
Our Megalomaniac Selves A Reflection by Theary C. Seng
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Sam Rainsy Returns
to a Rapturous
Hero's Welcome
Photos: Theary C. Seng, 19 July 2013 (Airport VIP Lounge, and from the back of the Pick-up Truck carrying Sam Rainsy from airport to Democracy Square in city center) More images taken by me from the truck carrying Sam Rainsy at my Facebook accounts and in KI-Media 1 | 2 | 3 | 4
. . . Why I believe in only CNRP Sam Rainsy (or, his equally formidable, brilliant wife CNRP Saumura Tioulong) as Prime Minister of Cambodia
A Living Essay by Theary C. Seng
It has been said that Cambodia's problems of the past and present can be summed up in the weaknesses of its leaders. It has been and is currently said that we Khmers deserve the leaders we have.
Rather than react defensively, meditate on whatever degree of truth is in these statements and do something about it. This leads me to why I believe only in CNRP president Sam Rainsy (or, his equally formidable, brilliant wife CNRP Saumura Tioulong) as the Prime Minister of Cambodia.
I. EDUCATION First, the reason is one of education. Education provides "the basic mental ingredients" to lead. Individuals who lack quality education tend to have an intellectual deficit, lacking the "mental equipment to govern".
What David Brooks writes of the radical political Islam is also true of many Cambodian politicians and leaders, in that "once in office, they are always going to centralize power and undermine democracy that elevated them." Oftentimes, the intellectual DNA is missing in Cambodian leaders, certainly true of the current ruling regime, the CPP.
Here's the basic outline in terms of names and degrees for Sam Rainsy: [...]
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Global Convening to End Mass Atrocities Istanbul (16-21 June 2013) Istanbul, Turkey's largest city at 15 to 17 million people, is magical, as exquisitely stunning as one can imagine it to be and more (!!). Also known as Constantinople, named after the Roman Emperor Constantine who converted to Christianity in 4th century, it has now only one percent Christian out of 55 Million population.
I'm presenting on 19 June 2013 "Reconciling Peace with Justice in Cambodia: the Limitations of Tribunals to Address Mass Crimes"
https://www.box.com/s/g9go7em1jyvuhvy8jbjj
Click here to read narratives and see more photos, or go to Ms. Seng's Facebook accounts
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Theary C. Seng and the Road Ahead in Cambodia By Michelle Phipps-Evans Asian Fortune News, 3 Feb. 2013
The name Theary Chan Seng generates a fervor approaching reverence in the Cambodian community here and abroad. She is the Cambodian-born, American-educated lawyer and civil rights activist who founded the Cambodian Center for Justice & Reconciliation. It is a major component of another organization she serves as founding president, CIVICUS: Center for Cambodian Civic Education. This nonprofit group is dedicated to promoting an enlightened and responsible citizenry committed to democratic principles. It is actively engaged in the practice of democracy and reconciliation in Cambodia and the larger, globalized world. So who really is Seng, the person? She is a survivor of the Khmer Rouge (KR) regime, and has spent almost two decades advocating for its victims, many of whom were orphaned, widowed, abused or molested—victims who were like Seng herself.
. . . Obama, in Cambodia for a Meeting, Sidesteps the Ghosts of History
International Herald Tribune (Peter Baker, November 20, 2012)
Theary Seng, president of the Association of Khmer Rouge Victims in Cambodia, said, “President Obama should have met with the human rights community and activists challenging the Hun Sen regime, and while then and there, offer a public apology to the Cambodian people for the illegal U.S. bombings, which took the lives of half a million Cambodians and created the conditions for the Khmer Rouge genocide.”
Click here to read this complete news analysis
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Protests Greet Obama's Visit International Herald Tribune / New York Times PHNOM PENH — Theary Seng was taking aim with precision and anger. The 41-year-old U.S.-trained lawyer and a regular on Cambodia’s crowded protest circuit was about to throw a dart at a poster of former Secretary of State Henry Kissinger. Kissinger is one of 13 politicians and senior Khmer Rouge leaders in a dart game created by Poetic Justice, a nongovernmental organization run by Theary Seng that highlights deficiencies of the special U.N.-backed tribunal judging the Khmer Rouge’s crimes. Each player gets five throws. A bull’s-eye is worth seven points. The highest score wins. Last Sunday afternoon, Theary Seng and three members of her staff were playing on Phnom Penh’s riverfront opposite the storied Foreign Correspondents’ Club. On this occasion — the fourth time the game has been staged in public — the point was to draw attention to the narrow scope of the Khmer Rouge tribunal ahead of President Barack Obama’s visit for a summit meeting of the Association of Southeast Asian Nations. Click here to read full article.
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Watch the TV3 New Zealand broadcast with Mike McRoberts (aired 21 Nov. 2012) At ASEAN summit, trade overshadows human rights
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Open Letter to U.S. President Barack Obama Published in The Phnom Penh Post, 20 November 2012
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Theary Seng and some 30 security (plus more embedded in Wat Phnom Penh and Sunway Hotel) Narrative of harassment and images of Ms. Theary C. Seng's stand-off with at least 30 big bulky, heavily armed security in front of US Embassy Phnom Penh (Tuesday, 19 Nov. 2012)
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Emotional Violence of Past Poetic Justice Dart Games flared into Physical Assault on Ms. Theary C. Seng and those around her along the Riverfront, Sunday, 18 Nov. 2012
Reykjavik, Iceland SESSION 3: CALLING 4.15 - 5.45 pm Led by Miriam Subirana, Foundation for a Culture of Peace The session includes: Theary C. Seng, Founder, Centre for Justice and Reconciliation, Cambodia
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More at Association of Khmer Rouge Victims in Cambodia... "Cambodia's Khmer Rouge Court 'Dying' ABC News film, aired 16 Oct. 2012
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Khmer Rouge defendant Ieng Thirith ruled unfit for Cambodian genocide trial due to dementia The Washington Post, 13 Sept. 2012 Of course if she is seriously ill with Alzheimer’s, she should be released. There is no point in trying an incapacitated person,” said Theary Seng, a human rights advocate representing some victims who are allowed a role in the proceedings. “The point is the (tribunal) is so late in coming. The political foot-dragging and inertia has caused this travesty of justice.”
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Poetic Justice and Civil Party Withdrawal in the News Nov. 2011 Ex-leader: Khmer Rouge atrocities are 'fairy tale' AP Newswire, 23 Nov. 2011 "I'm not surprised that Nuon Chea, Khieu Samphan and Ieng Sary continue to deny their crimes as the charges against them of genocide, war crimes are very serious," said Theary Seng, a Cambodian lawyer and human rights activist who lost family members under their regime. "Even if I am not surprised, I am however disgusted by their lack of remorse for the suffering they caused. They are delusional in their denial in light of the weight of evidence against them - the mounds of skulls and bones, the horrific testimonies from every survivor of cruelty, the magnitude and scope of evil unleashed by them across the whole of Cambodia."
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"Khmer Rouge trial is failing Cambodian victims of Pol Pot's regime" Human Rights Watch Brad Adams' editorial The Guardian, 26 Nov. 2011
. . . "Justice Denied" Douglas Gillison, Foreign Policy Magazine, 23 Nov. 2011 . . . Deputy President of Victims Association, a Civil Party of the Orphans Class, Mr. CHEY Theara, Withdraws Civil Party Status, Denounces ECCC as Political Farce _______________________ PRESS RELEASE _______________________
Full statement in both Khmer and English in KI-Media. Here, if ISP censors in Cambodia.
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Khmer Rouge Trial Missing a Marquee Defendant Wall Street Journal, 21 Nov. 2011 “The release of Ieng Thirith is only one reflection of how incredibly late these trials are coming into place,” said Theary Seng, founder of the Cambodian Center for Justice and Reconciliation and herself, too, a victim of the Khmer Rouge regime, having lost her parents and spent five months in prison. She has withdrawn from the tribunal process, and instead put her energy into organizing public games of darts featuring the faces of the Khmer Rouge leaders along Phnom Penh’s riverfront – a “way of release” following victims’ frustrations with the trial process, mixed with “dark humor,” she said.
But the trial - a joint enterprise between the UN and Cambodia - has been heavily criticised. Theary Seng, whose parents were killed by the Khmer Rouge, said putting three people on trial for the deaths of 1.7 million simply wasn't enough. (BBC News, 21 Nov. 2011)
Khmer Rouge Trial: Cambodia Awaits Answers BBC News, 21 Nov. 2011
. . . AFP, 21 Nov. 2011 Khmer Rouge survivor Theary Seng told AFP she was "frustrated beyond words" that only Khieu Samphan looked likely to shed light on what happened. "The people want to know who is behind the Khmer Rouge, we want to see and understand the larger picture and we're not going to get that," she said.
From Tragedy to Sham in Cambodia Asia Times Online, 19 Nov. 2011 In KI-Media Others have gone further, arguing that the time might be ripe for the UN to pull the plug on the controversy-plagued court altogether. Last week, Theary Seng, a Cambodian-American survivor of the Khmer Rouge regime and a prominent advocate for victims' rights, withdrew her status as a civil party to the court, describing the proceedings as a "complete sham". She said the UN should threaten to withdraw after setting some clear conditions for its continued participation. By pressing ahead, Seng said, the world body runs the risk of rubber-stamping a flawed process and further embedding cynicism in the Cambodian population. "I understand the unwieldiness of any large bureaucracy, but at the end of the day it comes down to personalities, and there have been extremely weak personalities," she said. "In this regard, the UN is complicit."
In the End, Loss of Faith in Tribunal: Former Complainant Hello VOA Special with Theary Seng, 16 Nov. 2011 Khmer Rouge Victim Quits Tribunal Saying UN-backed Court is a Sham DPA, 15 Nov. 2011
Prominent Victims' Advocate Quits Khmer Rouge Tribunal VOA International/English, 15 Nov. 2011 KRT Critic Offers 'Poetic Justice' The Phnom Penh Post, 16 Nov. 2011 Theary Seng Denounces Tribunal; Introduces Dartboard Scheme The Cambodia Daily, 16 Nov. 2011
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Click here to read the full press release...
More information at "ECCC Civil Party" More information at Association of Khmer Rouge Victims in Cambodia Theary Seng Criticizes KRT as "Political Farce" The Phnom Penh Post, 10 Nov. 2011
Radio Free Asia (both AM and PM broadcasts on 10 Nov. 2011)
Cambodian-American Lawyer Withdraws her Civil Party Status Voice of America Khmer Service, 10 Nov. 2011
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