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Thursday, August 31, 2006

Legislators Vote To Limit Their Own Speech

By Yun Samean
THE CAMBODIA DAILY

The National Assembly on Wednesday adopted a new law that opens the way for lawmakers to be charged with criminal offenses without their parliamentary immunity first being lifted, and which scraps their right to speak freely in parliament.

All 90 CPP and Funcinpec lawmakers who attended the vote raised their hands in favor of the law, while Sam Rainsy Party parliamentarians boycotted it, saying the law was designed to silence criticism of the government.

CPP lawmaker Cheam Yeap told the Assembly that the law will stop parliamentarians from abusing people's rights while speaking in parliament. "It willl keep good social customs and offer national security," he maintained.

The legislation states that lawmakers cannot use their immunity "to abuse an individual's dignity, social customs, public order and national security." The law does not define what would constitute such abuses.

The Assembly can still vote to lift a parliamentarian's immunity, but if a lawmaker commits what the law calls an "obvious crime," he or she can be charged, arrested and detained immediately.

"In this case, any lawmaker who commits flagrant offenses, the authorities can charge, arrest and detain [them]. Then the authorities must report to the National Assembly immediately for it to make a decision," the law states. In the absence of a so-called "serious crime"—which the law does not attempt to define—a decision to hold a vote to strip a lawmaker's immunity requires simply a request from a tenth of the Assembly's 123 lawmakers, from the Assembly president or from the prime minister.

However, at least two thirds of the Assembly's members are still required to vote for the person's immunity to be stripped. This vote will now be held behind closed doors. Previous votes were public.

Following arrest, lawmakers can have their detentions suspended if three quarters of the Assembly elects for the authorities to do so. Detained parliamentarians will still receive their salaries until they are convicted.

By failing to define abuse of national security, customs and individual dignity, the law could be used as a catchall to jail outspoken lawmakers, SRP lawmaker Eng Chhay Eang told the Assembly.

"The law doesn't provide a clear explanation," he said.

Funcinpec lawmaker Khieu San said he supported the legislation, as lawmakers will only be arrested if they have blatantly broken the law. He also claimed that SRP lawmaker Cheam Channy previously abused his parliamentary immunity by creating an illegal shadow army. Officials like Cheam Channy "must be punished," Khieu San said.

The Assembly stripped Cheam Channy of his immunity in February 2005, and police arrested him the same day. That August, he was sentenced to seven years in prison for forming a so-called illegal armed force. Many observers said Cheam Channy was framed, and his court appearance was dubbed a show trial and roundly condemned by the US State Department, the UN, Amnesty International and Human Rights Watch.

Cheam Channy was released in February, after King Norodom Sihamoni pardoned him at the request of Prime Minister Hun Sen.

CPP lawmaker Nguon Nel told parliament that Cheam Channy has asked CPP officials whether the new law would mean he could be thrown in jail again. Nguon Nel said he had explained that this was not the case.

Cheam Channy, who boycotted the session, said later by telephone that he was strongly opposed to the law. "Cambodia has laws but the government abuses the laws. The government imprisoned me," he said. "The government has no shame. It just does what it wants to do."

Koul Panha, director of the Committee for Free and Fair Elections, said the legislation is undemocratic.

"The new law will silence opposition voices, especially Sam Rainsy Party lawmakers," he said. "Lawmakers have the right to express their opinions. They cannot have their immunity lifted."

Hang Puthea, director of the Neutral and Impartial Committee for Free Elections in Cambodia, also said the law will stifle debate.

"The lawmakers will have to express their ideas very carefully," he said.