Funcinpec and the Sam Rainsy Party, aggrieved by national election results, called the Constitutional Council biased toward the CPP Monday and demanded an overhaul of the council.
Both Funcinpec and the Sam Rainsy Party have lodged complaints with the Constitutional Council concerning the National Election Committee’s alleged failure to conduct impartial voting, ballot-counting and election complaint procedures. Neither party has confidence that the Constitutional Council will fairly consider its concerns.
“For election and complaints, we don’t believe or hope that the Constitutional Council is fair. But we wait and will see,” said Funcinpec Security Adviser and Deputy Secretary-General Serey Kosal. Funcinpec will appeal to the National Assembly to change the members of the NEC if the Constitutional Council upholds NEC’s election ruling, he said.
The 1993 Cambodian Constitution mandated the creation of a Constitutional Council, but the body was not formed until late 1998, during a time of intense political pressure, council member Son Soubert said Monday.
The CPP appointed six of the council’s nine members, while King Norodom Sihanouk named the final three. The Assembly approved all appointees.
The Constitutional Council will be the final judge for any and all election-related complaints against the NEC and has the power to call for a recount or revote. Under current election law, the council’s final ruling cannot be overturned and its members are exempt from scrutiny or censure, according to National Democratic Institute Senior Program Manager Channtha Muth.
“No other body has the jurisdiction over the council. The council is above the law,” he said Monday.
The NEC, widely criticized for being an arm of the CPP, has dismissed hundreds of complaints with the election process.
“This is the way the ruling communist party’s been able to maintain power. The NEC is a well- organized national institute designed for [the CPP’s] benefit,” said Sam Rainsy Party parliamentarian Son Chhay, adding that the Constitutional Council will do no other than support NEC decisions.
To effect a change in the NEC, political parties must air complaints with the Assembly, Channtha Muth said.
But those complaints likely will go unheard, as Funcinpec Assembly members have refused to reach a quorum in protest of the election.
Constitutional Council member Prak Sok, a CPP appointee, denied being aligned with the ruling party. “We are just and neutral,” he said.
Son Soubert did not deny the charges. “We do our best” to maintain neutrality, he said.
The Constitutional Council will hold a public hearing from Aug 25 to Aug 27 to consider two Funcinpec complaints and one opposition party complaint, Prak Sok said.
The NEC continues to hear individual election complaints this week, most of which involve allegations of political intimidation and vote-buying, NEC spokesman Leng Sochea said.
(Additional reporting by Van Roeun)
