In August, H.E. Mr. Ung Huot was elected as the new First Prime Minister of the Royal Government of Cambodia through the democratic, free, and legal procedures.
Through the electoral system of the country's 1993 general elections, the voters elected political parties, not individual personalities. The party that wins the most seats in the National Assembly chooses one of its members to become Prime Minister. As with most parliamentary system, the party can also choose to remove an office holder who has lost support of the party's leadership.
After the 1993 elections, the FUNCINPEC selected Prince Ranariddh as First Prime Minister and the Cambodian People's Party (CPP) selected Mr. Hun Sen as Second Prime Minister.
In late July, the FUNCINPEC Steering Committee and the majority of FUNCINPEC members selected Mr. Ung Huot as candidate for First Prime Minister to replace Prince Ranariddh and formally forwarded Mr. Ung Huot candidacy to the National Assembly to seek a vote of confidence.
On August 6, 1997, the National Assembly, after an all but unanimous vote lifting parliamentary immunities of Prince Ranariddh, had approved by more than the required two-third majority the nomination of Mr. Ung Huot as the new First Prime Minister of the Royal Government of Cambodia, to replace Prince Norodom Ranariddh. That session of the National Assembly was attended by 99 out of 120 MPs. It was a democratic, free, and sovereign vote of confidence, by secret ballots and witnessed by the UN Secretary General Special Representative, the Diplomatic Corps, and the national and international media.
On August 7, 1997, Acting Head of State, Samdech Chea Sim, signed in the August Name and under the High Instruction of His Majesty the King a Royal Decree appointing Mr. Ung Huot as First Prime Minister replacing Prince Norodom Ranariddh.
It should be stressed that Samdech Chea Sim, in his capacity as Acting Head of State, had further been granted Full Powers by His Majesty King Norodom Sihanouk to sign on His behalf various Decrees, and in particular this specific Decree, in full respect of the Cambodian Constitution.
As the final step of the whole process, His Majesty the King, as in normal practice and to give his official blessings, welcomed and gave Royal Audience to the high delegation led by Acting Head of State Chea Sim, First Prime Minister Ung Huot, and Second Prime Minister Hun Sen, who went to Beijing to pay their profound respect to Him.
His majesty Norodom Sihanouk, the respected Monarch of the Cambodian People, is the Supreme Authority to bestow His Royal Approval to this Government until the next general election scheduled for May 1998.
The appointment of H.E. Mr. Ung Huot as First Prime Minister has paved the way for the Royal Government of Cambodia and all state institutions to continue their normal and stable functions, to perform their official mandate, to carry on their duties, obligations, and responsibilities vis-à-vis the nation and the international community without any major change, in full respect of the Paris Peace Agreements, of the country's Constitution, and of the royal arrangements resulting from the outcome of the UN sponsored general elections in 1993. It also helps restore the conciliation between the major parties, which is the necessary factor for peace, stability, and development in Cambodia.
During an audience with officials, armed forces and governors of some provinces and cities held on August 18 at Preah Sihanoukville, H.E. Samdech Hun Sen, Second Prime Minister, stressed the main ideas to create a neutral politi-cal atmosphere and security for holding the free and fair election scheduled for May, 1998.
" Though Cambodia was endan-gered by the extremists in collusion with the outlawed Khmer Rouges in July 1997, we have been determined to sustain the achievements of the Paris Peace Accords and the outcome of the 1993 election by maintaining and respecting the Constitution, the continuity of the National Assembly and Royal Government under the leadership of the King. Our moves forward are aimed at ensuring the rule of law under the condition of democracy and pluralism. Therefore, the three priorities of the major strategic tasks in the short term and in the long term, as well, are as follows:
These three major strategic tasks will be simultaneously carried out to keep Cambodia on track towards political stability, democracy, respect for human rights, national reconciliation, and economic and social development with realism," said Second Prime Minister Hun Sen.
As for as the creation of neutral political atmosphere is concerned, the Second Prime Minister mentioned a host of tough measures taken by the Royal Government and its firm commitment to keeping all those measures.
" Neutral political atmosphere can be assured when all parties and politicians have equal right and opportu-nity to take part in political life, including the electoral campaign. The people have the right to vote without intimidation, fears and threats. To reach these goals, it is necessary that the following broad range of measures be taken:
Neutral armed forces and civil administration are permanent mechanisms of the liberal democracy and pluralism. So they must stay neutral and provide protection to all parties taking part in the political life of the society and the electoral campaign. Public services such as meeting place, electoral campaign, freedom to travel without restriction, security protection by the armed forces, etc. must be equally provided to all parties.
The "neutrality" term in this case
means neutrality in the function of duties. It does not mean to waive the right to vote from members of the armed forces and civil administration. They have the right to vote for any party or any politician that they favor, but they must not use their functions in the armed forces and civil administration to serve the electoral campaign for any party and against the other. Article 79, Chapter 1 of the 1993 Constitution provides for the incompatibility of functions as a member of the National Assembly with that of the active public function for the armed forces and civil administration. And therefore, there was in 1993-1994 replacement of some deputies who had taken up functions in the armed forces and local authorities.
-Social security and public order are not only essential to the people's peaceful living and socio-economic development but are also influential in the climate of the election to proceed without violence and fear.
- In order to assure that security and social order contribute to creating the neutral political atmosphere for the elec-tion, it is necessary to:
The realization of the above mentioned eight tasks will contribute not only to assuring the national security and social order but also to strengthening the mutual trust for holding a free and fair election that is a prefix for the rule of law and liberal democracy and pluralism in the future," explained at length Second Prime Minister Hun Sen.
One of the most important tasks determined by the Royal Government of Cambodia is the preparation for holding general, free, democratic, just, and fair elections as scheduled for May 23, 1998.
The Ministry of Interior com-pleted a draft election law and sent it to an inter-ministerial meeting at the Office of the Council of Ministers where it was examined and reviewed in preparation for consideration by the full Council of Ministers.
The draft of law consists of 12 chapters and 137 Articles and determines the manner, procedure and management of the election to choose members of the National Assembly. The draft law is based on the principles of liberal, parliamentary democracy and pluralism. It was drafted by a team of experts at the Ministry of Interior and approved by the Ministry.
The draft law provides for election of a new National Assembly during the month of May every five years and the management of these elections falls under the control of a newly created National Electoral Committee. The Assembly members will be elected by a free, universal, equal, direct, secret ballot. National Assembly Seats shall be allocated proportionally within the boundaries of existing provinces and cities.
With regard to the political party law, to arrange the establishment of the political parties, the Bill is likely to include provisions to depoliticize the country's military, police and judiciary with the aim of neutralizing them, especially during the elections scheduled for May next year.
The Supreme Council of the Magistracy and the Constitutional Council, which are entrusted by the Cambodian Constitution with duties to respectively guarantee the independence of the Judiciary and decide whether the laws passed by the National Assembly are constitutional, are regarded as supreme institutions for strengthening the rule of law in the Kingdom of Cambodia.
It is a great pleasure for the Cambodian people to learn that His Majesty the King has agreed to preside over the first meeting of the Supreme Council of the Magistracy to be held in the near future. The Supreme Council of the Magistracy, chaired by the King, has as members Minister of Justice, President of the Supreme Court, Chief Prosecutor of the Supreme Court, President of the Appeal Court, Chief Prosecutor of the Appeal Court, and three other judges. At that meeting they are expected to decide the replacement of the retired members as well as the appointment of new members so that the Council can start to function.
As provided by the Constitution, the Supreme Council of the Magistracy shall make proposals to the King on the appointment of judges and prosecutors to all courts and decide on disciplinary actions against judges or prosecutors.
The establishment of the Supreme Council of the Magistracy will certainly open the way for the setting up of the Constitutional Council that consists of nine members: three members appointed by the King, three members by the National Assembly, and three other appointed by the Supreme Council of the
Magistracy.
The Ministry of foreign Affairs and International Cooperation catego-rically denied the disinformation on human rights situation in Cambodia by issuing a statement of August 27, 1997, which reads as follows:
The Ministry of foreign Affairs and International Cooperation is sad to note that a systematic and deliberate disinformation campaign has been waged to smear the image of Cambodia and its leaders accused of all sorts of imaginable crimes. Hints, insinuations and rumors have been used to spread fears among politicians and population alike and to mislead world public opinion. The latest rounds of this campaign were about the threat to close down Human Right offices in Cambodia.
It should be recalled that the Royal Government of Cambodia never condones any human rights abuses and recently had repeatedly appealed to Human Rights groups and Opposition papers to reopen their offices in order to help with the investigation of any possible abuse. Some just ignored the appeal, laying low and making hints of political persecution, thus adding credit to earlier allegations and speculations they have helped to create.
But the more active and well paid campaigners, under cover of the free press or of some human rights groups, are back at their original campaign trails, with a better focus, not on human right protection, but on how best to embarrass, to defame or to discredit Cambodian leaders not to their liking. More expert on psychological warfare and on making slanderous reports, they are trying to entice major world leaders into their war game.
It is fortunate that no government leaders and not all their sponsors are dupe as honest people all over must have seen that these self-style gurus of human rights and democracy, have abused their mandate and have been engaged in psychological warfare against the Royal Government for some times. Beside protecting their jobs, prospering on sensational stories and on other people's misery, the active and disguised support they threw behind a handful of trouble-makers provocateurs-agitators-kidnappers linked to Khmer Rouge outlaws and por-trayed by them alone as champion of human right and democracy, have brought Cambodia to the brink of civil war. Can any honest and decent person condone such a flagrant and arrogant abuse under cover of human rights and democracy?
The Royal Government of Cambodia is looking forward to a more honest and constructive cooperation and welcomes every positive support and assistance in the fields of real human right protection and democracy educa-tion for the promotion of peace, stability and social progress of the Cambodian people nationwide.
US special envoy Desaix Anderson visited Cambodia on August 9-10 and held a meeting with Cambodia's First Prime Minister, H.E. Mr. Ung Huot. The discussion focused on a wide range of issues such as the measures taken by the Royal Government towards holding free and fair election; the measures to assure safety and to allay fears of members of political parties; the return of persons who left the country after the 5-6 July event; and the establishment of the Supreme Council of the Magistracy.
First Prime Minister Ung Huot informed the envoy that the electoral laws will be passed by the National Assembly in the coming weeks. Soldiers and police will not be allowed to vote. The Electoral Committee will be led by independent individuals. The Supreme Council of the Magistracy and the Constitutional Council, which are the foundation of the electoral law and are in the process of their establishment, will be put in place in the very near future. The First Prime Minister also took the opportunity to make an appeal to the international community for technical and budgetary assistance to organize this election.
As for the security, the First Prime Minister told the envoy that the security situation is now better than before the July 5-6 armed clash. A joint committee, made up by parliamentary members and senior officials of the government, was set up to deal with security issues and to allay fears, parti-cularly among FUNCINPEC members. Second Prime Minister has made an appeal to human rights organizations and NGOs to come and investigate the reported human rights abuses, killings, and intimidation. The First Prime Minister also stressed that all persons who left the country after the events can return freely. The Royal Government ensures security and safety for them. Mr. Anderson told H.E. Mr. Ung Huot that the comprehension will be better after his return to the US, adding that the US State Department wishes to see the return of full relationship between the two countries as soon as possible.
It should be noted that during the audience, the US envoy addressed H.E. Mr. Ung Huot as " Prime Minister."
The United States on August 1, 1997 granted GSP to the Kingdom of Cambodia. According to this, Cambodia is allowed by the US to import to the country more than 6,000 items free of duty under the US generalized system of preferences (GSP) program.
It should be recalled that President Clinton, in his message of May 30, 1997, notified the US Congress of his decision to designate Cambodia as a least developed beneficiary developing country under the GSP
Program after observing the measures taken by the country to improve worker rights and intellectual property rights. This notice was submitted to the Congress in accordance with the require-ments of the US Trade Act of 1974.
The President's decision came into effect on August 1 after 60 days of the above-mentioned notice.