The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Chhang Song, Mr. Siphan Phay and Mr. Savath Pou, members (expelled) of the Senate of Cambodia, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/176/13(b)-R.1), and to the resolution adopted at its 175^th session (October 2004),

Taking account of the letter of the President of the Senate, dated 16 February 2005, and of communications from the sources dated 17 February and 2 April 2005,

Recalling that the Senators concerned were expelled from their party, the Cambodian People's Party (CPP), on 6 December 2001 and dismissed from Parliament a few days later, a decision never formally notified to them; their expulsion occurred after they had criticised in Parliament the Criminal Code Bill; considering that, in his letter, the Senate President stated that they had been expelled because of their personal inappropriate behaviour against their party's code of conduct and its general political lines,

Recalling its position, which is shared by competent United Nations bodies, that the Senators were expelled although nothing in the Constitution or in the Senate Standing Orders prescribes forfeiture of the parliamentary mandate in the event of expulsion from a political party; only the internal party regulations of the CPP provide for termination of membership in Parliament in cases of expulsion from the party,

Considering that, in his letter, the Senate President reiterated his position, namely that the former Senators concerned should take their case to court, this being the only means to obtain redress, and that he advised them to do so quickly, because the pretext of "lack of independence of the Cambodian judiciary, risks to their personal security and the prevailing impunity is not reasonable enough to justify their unwillingness to find any suitable situation"; the Senate's own Committee on Human Rights and Reception of Complaints possessed neither legal nor moral competence to settle the case,

Recalling also that one of the Senators concerned has referred the matter to the Senate Committee on Human Rights and Reception of Complaints, but has never received an answer, and that the Chairperson of the Committee stated on 28 May 2004 that it "is unable to find any suitable solutions because the above case has passed without judgement for so long. Moreover, this case concerned the rules and regulations of a political party",

Considering finally that, according to the letter from the Senate President, the Senate Special Commission working on the draft standing orders, and which had been expected to finish its work by November 2004, is waiting for the National Assembly to amend its own standing orders before reviewing those of the Senate as "the standing orders of both institutions must be related to a great extent",

1. Thanks the President of the Senate for his constant cooperation; and deeply regrets nevertheless that he has not replied to any of the arguments, concerns and considerations it has consistently raised in this case;

2. Can therefore only reaffirm its view, as expressed in its previous resolution, that the Senate was not bound by the decision of the Cambodian People's Party (CPP) to expel the three Senators from the party as internal party regulations cannot override the Constitution and Standing Orders, and was therefore entitled to refuse the CPP’s request to replace them;

3. Remains convinced also that the Senate, regardless of any court action that may be brought by the former Senators against their former political party, can and should take remedial action and provide redress, if only moral, to its three former members, and that the Senate’s own Committee on Human Rights and Reception of Complaints, which, as its name indicates, is competent to examine complaints from citizens, would be ideally placed to find such a settlement;

4. Considers that such a course of action would strengthen the independence of the Senate as such vis-à-vis undue interference by other branches of government and political parties, thereby conforming to the principles of liberal democracy and pluralism and the separation of powers enshrined in the Constitution;

5. Wishes to ascertain whether the decision to expel the persons concerned exists in a written form and, if so, would appreciate receiving a copy thereof; also wishes to ascertain the prescription period provided for in civil law suits;

6. Continues to believe, in the light of the concerns expressed by the competent United Nations human rights bodies with respect to the independence of the judiciary and the still prevailing impunity in the country, that the fears of the former Senators, which have prevented them from taking their case to court, are well founded;

7. Notes that the draft standing orders of the Senate have not as yet been adopted; and reiterates its wish to be kept informed of the Special Commission's work;

8. Requests the Secretary General to convey this resolution to the competent authorities, inviting them once again to provide their observations and to respond to the arguments it has put forward in support of its views;

9. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 113^th IPU Assembly (October 2005).

Note: you can download a complete electronic version of the brochure "Results of the 112th IPU Assembly and related meetings in PDF format (file size 495K approximately ). This version requires Adobe Acrobat Reader, which you can download free of charge.

HOME PAGEHUMAN RIGHTSMAIN AREAS OF ACTIVITYIPU STRUCTURE AND DOCUMENTS