Rainsy’s reasoning questioned
While the opposition party steps up its efforts to persuade the international community to cut ties with a government it says was formed by a “constitutional coup”, lawyers and analysts yesterday questioned whether the party’s reasoning has any legal basis.
In a letter sent to the Asian Development Bank, World Bank, European Union and International Monetary Fund on Monday, Cambodia National Rescue Party leader Sam Rainsy lays out why such institutions should reconsider their relations with the “illegal” government. …
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. …
Anirudh Bhati, an Indian-trained lawyer and legal consultant based in Phnom Penh, made a similar argument in a legal analysis posted online on Tuesday.
“[The Constitutional Council decision] further states that the National Assembly results from the election, which means that the house is formed when the results of the elections are officially declared,” he writes.
As there is no “explicitly defined requirement” on how many representatives need attend the inaugural session, quorum rules defined under new articles of the Constitution added in 2006 apply, Bhati says. …
Asian Development Bank country director Eric Sidgwick said in an email yesterday that the bank was “consulting internally on the appropriate response” to Rainsy’s letter.
Separately, Interior Minister Sar Kheng reiterated that the ruling party wished to resume negotiations with the CNRP.
“We will still open the door [for them], because we want to see national unity. We should sit down to talk and resolve the problem in a proper way,” he said in a speech yesterday.
“There will be no influence from [Rainsy’s] outside travels.” …
Kevin Ponniah
http://www.phnompenhpost.com/national/rainsy%E2%80%99s-reasoning-questioned
