https://app.box.com/s/e4237b3xm155xwcn8eof

Among the many wisdom traditions that Dr. Mark Strom draws from, one comes from the Judeo-Christian book of Proverbs:

In certain circumstances, Do not answer a fool according to his folly, or you yourself will be just like him. (Prov. 26:4)

While on other occasions, Answer a fool according to his folly, or he will be wise in his own eyes. (Prov. 26:5)

Wisdom tells us when to do what.

Lead With Wisdom

Public released for Feb. 2014

. . .

How is the National Assembly Formed?

What the Law Says

I am sorry, but on this issue of legality of the current CPP-formed National Assembly and the CPP-formed Government, it is PRIMA FACIE (on its face) UNCONSTITUTIONAL.

The legal analysis quoted by the media, e.g. Phnom Penh Post, has been REALLY, REALLY SHODDY and EXTREMELY ELEMENTARY on this matter.

For those who care, please read HOW IS THE NATIONAL ASSEMBLY FORMED? -- my legal brief on the Constitutional provisions, Constitutional Council's decision and spirit and intent of the matter, focusing particularly on the 1993 formations.

This legal brief has been tweaked a few times, but here's the most recent version: https://app.box.com/s/rmvge0099mhbr08zjdnq

https://app.box.com/s/rmvge0099mhbr08zjdnq

* * *

The UNCONSTITUTIONAL ROYAL DECREE

("additional law to Constitution", not an amendment)

How the current unconstitutional CCP-formed National Assembly and CCP-formed Government came to be, using the unconstitutional "additional law to the Constitution" (Royal Decree) of July 2004 that is NOT a Constitutional amendment:

Article 3:

If the objectives of the procedures stipulated in Articles 82 and 119-New of the Constitution cannot be achieved, the National Assembly at the request of the party that wins the most seats in the National Assembly, shall proceed with a package vote to elect a President and Vice-Presidents of the National Assembly, as well as Chairpersons and Vice-Chairpersons of the Commissions of the National Assembly and simultaneously hold a vote of confidence in the Royal Government.

Article 5:

The package voting shall be conducted without debate or discussion and no explanation is required after the result of the package voting is released.

Members of the National Assembly may only vote, in favour of or against the package list submitted by the oldest Member of the National Assembly. The package voting shall be conducted by a show of hands.

The irregularities include voting that is (i) by the sole public raising of hands (ii) with absolutely no debate allowed and (iii) in the same NA session with same unconstitutional voting process as casting the vote of confidence for the entire Government Cabinet posts.

The Royal Decree was politically expedient but manifestly, prima facie unconstitutional, particularly in its violation of due process and “liberal multiparty democracy” principles.

RELEVANT LAWS

Here are the relevant Constitutional Council Decision and the Constitutional provisions (amended 2006) that bear weight to the issue of National Assembly formation and the unconstitutionality of the present “National Assembly” and the “Government” unilaterally formed by the CPP:

The Constitutional Council issued its decision on July 22, five days before the election Sunday, July 2003:

The paragraph 1 of the article 76 of the Constitution stipulates: “The National Assembly is composed of at least 120 deputies”. This means that there shall be at least 120 deputies to be able to form the National Assembly at every legislature. Electoral law cannot limit the number of parliamentarians to less than 120. This paragraph 1 is a necessary condition for the formation of a National Assembly but not for its functioning.

The emphases here are: (i) the election results producing 120 members being only one necessary condition of formation, and (ii) the distinction between NA “formation” and NA “functioning”.

Article 82:

The National Assembly shall hold its initial session no later than sixty days after the election period, and as convened by the King. Before starting its work, the National Assembly shall confirm the validity of each Member’s mandate and vote separately to choose its President, Vice-Presidents and all members of various Commissions of the National Assembly, by an absolute majority vote of all Members of the National Assembly. All National Assembly Members shall, before taking office, take an Oath of Allegiance as contained in Annex 5 of this Constitution.

This is all "formation" language ("Before starting its work", "before taking office"). All of Art. 82 is "initial convening session" that is "formation" (and not "functioning") that requires "at least 120 members", as these elements are clumped in one article preceding the other articles of "functioning".  It is also noteworthy that the quorum is not mentioned, but only the number of "votes" needed (initial 2/3 amended to simple majority).

Art. 83:

The National Assembly holds ordinary sessions twice a year. Each session shall last at least three months. At the request of the King, or the Prime Minister, or at least one-third of the National Assembly Members, the National Assembly Standing Committee shall convene in an extraordinary session of the National Assembly.

Notice here, that the "Prime Minister" has already been determined ("functioning"), an act AFTER vote for NA positions have already been made ("formation").

Art. 88:

Sessions of the National Assembly shall be considered valid, only if:

A. There is a quorum of more than two-thirds of all National Assembly Members, for any votes which require a two-third majority of all Members.

B. There is a quorum of more than a half of all National Assembly Members for any votes which require an absolute majority of all Members.

Art. 89:

The National Assembly shall pass a vote of confidence in the Royal Government by an absolute majority vote of all Members.

Art. 19:

The King shall appoint the Prime Minister and the Council of Ministers in accordance with procedures stipulated in Article 119.

Art. 119:

Upon the request of the President and with agreement of both Vice-Presidents of the National Assembly, the King shall designate a dignitary among the Members of the National Assembly of the party holding the largest number of seats in the National Assembly to form the Royal Government. This dignitary and Members of the National Assembly and members of political parties represented in the National Assembly who are proposed for positions within the Royal Government present themselves to the National Assembly to ask for a vote of confidence. After the National Assembly passes a vote of confidence in the proposed Royal Government, the King shall issue a Royal decree appointing the entire Council of Ministers.

Demonstrating with Suong Sophorn, immediately behind Sam Rainsy and Kem Sokha, 23 Oct. 2013

If, after looking at the language or “letter” of the Constitution, the meaning of the statute remains unclear, we divine the intent of the law by looking at the history, process and other sources.

And the best example is the 1993 election process and its aftermath if we want to discover the intent of the Constitution because of its close proximity to its creation with all its drafters intently focused on the election and formation process.

In 1993, sixty days after the election period, King Father Norodom Sihanouk gave notice to all of the 121 MPs-elect to attend the initial convening session. In the morning the King presided over the half-hour validation process at the National Assembly building where the names of each MP-elect were read out.

In the afternoon of that initial convening day, the King presided over the swearing-in ceremony at the Palace where each of the 121 MPs-elect recited the Oath of Allegiance.

The following day, all 121 members met as part of the initial convening process of Article 82 to “vote separately” for President, Vice-Presidents and Commissioners.

Now that the National Assembly is fully formed, the Nationally Assembly assumed its “function” and met (at the session validly convened with the 2/3 majority required quorum) to cast a vote of confidence for the Royal Government.

I will argue in this Legal Commentary that:

A. The formation of the National Assembly is a process that must satisfy four conditions: (i) the election results produced at least 120 members; (ii) these 120 MPs-elect convened the initial session (iii) at the invitation and presence of the King, and (iv) must take an oath before assuming official functions.

Only when all these four conditions have been met is the National Assembly fully, legally, constitutionally formed.

B. The initial convening session—a component of formation, requiring the King to give notice, with the attendance of “at least 120 members”—is distinct from the “ordinary” or “extraordinary” or any other sessions (particularly, Articles 83 and 88) where a quorum requiring an absolute or 2/3 majority attendance of MPs determined the session’s validity and where most times the President, Vice-Presidents and/or chairs of various commissions (Art. 83, 88) are already established.

C. The Article 82 initial convening session—of “formation” and not “functioning”, the language of CC Decision and Art. 82—includes: (i) notice by the King, (ii) validating of each MP-elect, (iii) voting separately (not by package) for the President, Vice-Presidents, and Commissioners as each position requires an absolute majority of votes, and (iv) taking an Oath of Allegiance.

Stated differently, Article 82 initial convening session is part of “formation”. It is different from Articles 83, 88 and other sessions of “functioning”.

If the initial convening session is a necessary condition of the “formation” (and not “functioning”) of the National Assembly, then it must have at least 120 members, as the formation of the National Assembly requires at least 120 members.

D. The formation of the National Assembly and the formation of the Government are separate but sequential processes: first the National Assembly, then the Government.

E. The election period (Art. 82 «ពេល បោះឆ្នោត») has not ended as (i) the CNRP is also claiming victory and (ii) the CNRP and voters are demanding an independent joint commission to inquire into widespread election fraud. As such, the “at least 120 members” cannot yet be determined.

F. As a consequence, the National Assembly has not been formed according to the plain language (ordinary reading and understanding) as well as the spirit of the law. It also follows that the Government has not been formed.

G. Hence, the current CPP-formed “National Assembly” and the CPP-formed “Government” are prima facie unconstitutional.

Mass March on Friday, 25 Oct. 2013

* * *

Reading stats for election-related commentaries this early Saturday (Oct. 26) afternoon:

- How is the National Assembly Formed?: @ 117,000

- Constitutional Coup: @102,400 ( not including edited version in PPPost Rice Has Not Been Cooked)

- Honorable Exit Strategy for Hun Sen: @140,000

- Anatomy of Fraud: 138,500+

- Reasonableness, Due Process: @ 150,000

- Cambodia Spring: @83,300 (not including PPPost)

- Election Irregularities: 151,000+

All these commentaries have also been emailed to our 2,000 contacts of media, diplomats and Cambodia watchers

Hanging out with friends after a long day at work, 28 Oct. 2013

. . .

The Final Performance of

Eccc (pronounced "icky") the Clown

My LIVE interview with Al Jazeera at the Eccc the Clown's

(Thursday, 31 Oct. 2013)

Today (Oct. 31), I was reminded again how people WANT me to be the "classic victim" of the Khmer Rouge who they can relate and be superior to--dress in a certain way, act in a certain way, speak in a certain way--the victimized victim, if you will, even if they would never consciously admit or articulate it in those ways.

Because a "victim" should be pitied, not be their equal, and certainly not their social superior in education or any other status indices. Sorry, not going to happen with this "victim".

Continue to expect the stilettos and the dark shades!

For more photos and captions, go to my Facebook pages.

Cambodia Trial Ends, Court Looks to Future

Al Jazeera | 1 November 2013

'Political interference'

"The court is necessary, but here it’s not sufficient, it’s deficient, mainly because of political interference," Theary Seng, a human rights lawyer, told Al Jazeera. "The court process is controlled by the current government, which includes former Khmer Rouge, the prime minister, the president of the Senate and the president of the National Assembly. And the list goes on. It’s resulted in donor fatigue, senior resignations and has created this limping court that, to me, is a sham." A former civil party to the court - her parents were killed by the Khmer Rouge - Seng withdrew from the process two years ago.

. . .

Feature-length Documentary Film on Nuon Chea's Defense Team

Theary being interviewed by Dutch film crew working on a feature documentary on Victor Koppe, Nuon Chea's defense lawyer (Phnom Penh, 2 Nov. 2013)

* * *

Christian Classics Ethereal Library

MANY free downloading of complete books -- the CLASSICS !

Including my two all-time favorite novels: The Brothers Karamazov and Crime and Punishment!

. . .

The Country that Stopped Reading

Education through Imagination:

A Closed Mind is a Beautiful Thing to Lose

Theary C. Seng, June 2007

Read. Read. Read.

A critical component of the development of the imagination is reading. We Khmers need to read, read, read and read some more. When we read, we prepare ourselves for any and all opportunities which otherwise would pass us by. The Chinese have it right it defining 'success' by combining the character for preparation (internal individually determined) with the character for opportunity (externally determined).

The majority of Khmer live in a harsh reality of abject poverty, crimes and abuse. More than ever we need to keep in mind that reality can be 'beaten with enough imagination'. Imagination, then, is the gateway to wisdom and change, and ultimately to personal and social development.

. . .

Losing our mother tongue

Opinion by Soprach Tong

The Phnom Penh Post, Feb. 9, 2013

Some young people seemingly pretend to be unable to speak their mother tongue...

But when writing in Khmer, which is their native tongue, no one seems to care about accuracy. Even if the dictionary of Patriarch Chuon Nat is installed on their computer, they never bother to open it...

"Khmer citizens must know the national language clearly, in both oral and written form, to ensure it survives."

. . .

Rare reading materials in the Khmer language that have been edited for clarity and easy comprehension!

With the scarcity of available reading materials in the Khmer language in electronic form where I can edit to raise my larger point of the NEED FOR USE OF PUNCTUATIONS, I am glad I can illustrate using the Khmer Bible.

If you ONLY know English, and this is how you have been habituated to read English, how far would you go in your education?

For the KHMER reader, click here and read this chapter from the book of JOSHUA.

(The verse numbers are acting as a punctuation, but without them, the chaos would be UTTER CHAOS.)

For the ENGLISH reader, click here and read this chapter, but imagine there are no proper nouns (no capitalized words) and no punctuations except for the full stop.

The vocabulary (translation) is very good -- as it done by a committee with checks and rechecks, unlike most of the other translations being produced in the whole of society. But without commas and other punctuation, is the Khmer chapter clear and understandable?

This is how Cambodians read the Cambodian language. For Cambodians with means or an opportunity to rely on another language, after they're stuck with the Cambodian language (which is very early on), they rely on their 2nd language for knowledge.

But for the MAJORITY of Cambodians who do not know a 2nd language, they have to fight the printed page and mangled language (of misspelling, of "creative" texting-style punctuation, or just run-on phrases) to get even a scant piece of knowledge.