CALD Resolution No. 7 S. 2009

CALD Resolution No. 7 S. 2009

CALD Resolution asking for the immediate and unconditional restoration of the parliamentary immunity of Mr. Sam Rainsy 

“By condemning me through the undemocratic and farcical lifting of my parliamentary immunity they have actually condemned their own country and their own people.”

Hon. Sam Rainsy, MP

Leader of the Cambodian Opposition

Noting that Hon. Sam Rainsy, MP, leader of the opposition of the Kingdom of Cambodia, was once again stripped of his parliamentary immunity on November 15, 2009 by the Cambodian National Assembly;

Noting that the ruling Cambodian People’s Party (CPP) has 90 seats in the legislature and that two-thirds majority of the National Assembly or 82 parliamentarians are required to vote to strip a legislator’s immunity against arrest and prosecution;

Aware that Mr. Sam is facing charges of destruction of property and incitement of racial discrimination in Svay Rieng provincial court and that the Permanent Committee of the Assembly approved the ministry of Justice’s request for his immunity to be removed in order for the investigation to proceed;

Aware that Mr. Sam, former Chairman of the Council of Asian Liberals & Democrats (CALD), has not been given any chance to respond to the charges;

Alarmed that Mr. Sam is the third opposition member to lose parliamentary immunity this year, with Madame Mu Sochua and Mr. Ho Vann both charged for defamation and stripped of immunity last June 22, 2009;

Convinced that the CPP has degraded the independence and credibility of the National Assembly as a legitimate institution; and that through its administration, the CPP has continued to intimidate the opposition by stifling and silencing its critics;

Convinced that the CPP has repeatedly disregarded an internationally recognized stipulation set by the Committee of Human Rights of the international Parliamentary Union which states that “parliamentary immunity is designed to protect parliamentarians from possibly groundless proceedings or accusations that may be politically motivated”;

Concerned that this continued act of suppression further undermines the development of parliamentary democracy and whatever democratic gains Cambodia has achieved;

Warning that the lifting of parliamentary immunity of oppositionist legislators creates a precarious precedence that affects the functions of a representative institution and the progress of its action;

Be it therefore resolved that the Council of Asian Liberals and Democrats ask for the immediate and unconditional restoration of the Parliamentary immunity of Mr. Sam Rainsy.

For the Council of Asian Liberals & Democrats:

Dr. J.R Nereus O. Acosta

Secretary General

Council of Asian Liberals and Democrats

Manila, Philippines

November 17, 2009

Categorised in: Resolutions

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