VZCZCXRO8523
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0763/01 2531224
ZNY CCCCC ZZH
P 091224Z SEP 08
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHINGTON DC PRIORITY
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHHI/AMEMBASSY HANOI PRIORITY 4066

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000763 
 
SIPDIS 
 
DEPARTMENT FOR EAP/MLS, P, D, AND DRL 
HANOI FOR D STAFF 
 
E.O. 12958: DECL: 09/09/2018 
TAGS: PGOV KDEM PREL PHUM CB
SUBJECT: CAMBODIA: CPP CENTRAL COMMITTEE MEMBER CHEAM YEAP 
ON GOVERNMENT FORMATION NEXT STEPS 
 
Classified By: ACTING DCM GREG LAWLESS FOR REASONS 1.4 (B, D) 
 
¶1.  (C) Summary:  During a meeting with A/DCM, CPP Central 
Committee Permanent Committee Member and Cambodian National 
Assembly Permanent Committee Member Cheam Yeap stated that 
the CPP has enough legal documents to "easily" show that it 
has legitimately won 90 National Assembly seats in the July 
27 elections.  He said that a 50 percent plus one quorum (63 
seats) is required to hold the first parliamentary session on 
September 24, and based this assertion on the 2006 
Constitutional amendment changing the National Assembly 
majority from two-thirds to 50 percent plus one.  He 
indicated that SRP and HRP participation in the September 24 
opening session is not necessary for the session to proceed 
because the CPP, FUNCINPEC, and NRP together hold 94 seats. 
In describing the plan for the opening session, Cheam Yeap 
explained that after the King conducts a swearing-in ceremony 
for MPs, the MPs are led in a vote for National Assembly 
president, vice presidents, and committee chairs who require 
an absolute majority vote.  Afterwards, MPs vote on committee 
members either by a package vote or through "normal 
procedures" -- either way also requiring an absolute 
majority.  Cheam Yeap indicated he believed that FUNCINPEC 
MPs may be voted in as committee members, possibly as deputy 
committee chairs of four committees.  He also stated that the 
CPP has not been reaching out to the opposition to encourage 
their elected MPs to attend opening session activities.  End 
Summary. 
 
Cheam Yeap on the Legitimacy of the New Government 
--------------------------------------------- ----- 
 
¶2. (C) Acting Deputy Chief of Mission heard from National 
Assembly Permanent Committee Member and Permanent Committee 
Member of the CPP Central Committee Cheam Yeap on September 9 
that the CPP won 90 seats in the July 27 National Assembly 
elections, and has enough legal documents to easily show the 
legitimacy of the election result.  He stated that while two 
political parties -- SRP and HRP -- have not accepted the 
results of the elections, international observers and 
domestic NGOs and political party agents' monitoring of the 
election process would have made it difficult to have 
"cheated" ballots.  He stated that FUNCINPEC and NRP, which 
each won two seats in the general elections, have accepted 
the election results and agreed to form a government and 
attend the September 24 National Assembly opening session. 
Parliamentarian Cheam Yeap has been a CPP Central Committee 
member since 1992.  He was first elected as a CPP National 
Assembly member representing Prey Veng province in Cambodia's 
first national elections in 1993, and as a member of the 
National Assembly permanent committee that same year. 
 
¶3.  (C) According to Cheam Yeap, in order to form a 
government and hold a first parliamentary session, a 50 
percent plus one quorum of the National Assembly's 123 
members is required to be present, totaling 63 seats.  He 
based his assertion on the 2006 Constitutional amendment that 
reduces the number of lawmakers needed to form a government 
and reach quorum at parliamentary sessions from two-thirds to 
50 percent plus one. 
 
National Assembly Opening Day Plans 
----------------------------------- 
 
¶4.  (C) Cheam Yeap stated that after the King swears in 
parliamentarians on September 24, MPs will return to the 
National Assembly building where they are expected to vote 
for the National Assembly President, Vice Presidents, and 
Committee Chairs as well as the new Prime Minister and the 
PM's slated cabinet.  The National Assembly President will 
then inform the parliament that there will be elections for 
committee members.  While not stating so directly, Cheam Yeap 
indicated that there may be a "package" vote for all of these 
positions.  Either way, a 50 percent plus one majority will 
be required.  Regarding attendance at the opening session, 
Cheam Yeap said that while the King invites all 123 elected 
members to the opening session and certifies them as duly 
elected, it is the prerogative of each elected member to 
accept or decline the invitation.  Cheam Yeap stated his 
belief that at least 90 percent of CPP members will be 
present on September 24.  He indicated there is no 
constitutional requirement for at least 120 members to be 
present in order for the first National Assembly session to 
be deemed valid, as some critics have averred.  This is a 
murky point on which the constitution is silent, and which 
the SRP is exploiting in its threatened boycott.  (COMMENT: 
CPP appears confident that the King's proclamation of all 123 
members satisfies the statement in the Constitution, Article 
 
PHNOM PENH 00000763  002 OF 002 
 
 
76, that "The National Assembly has at least 120 members who 
are representatives." END COMMENT.) 
 
Committee Formation 
------------------- 
 
¶5.  (C) Cheam Yeap affirmed that he did not think the 
possible absence of SRP or HRP would delay the vote for 
committee members.  He stated that CPP has chosen to work 
with FUNCINPEC as a government partner, as stated in their 
party platform, and suggested that the two FUNCINPEC MPs 
might each hold seats in two different committees.  He also 
stated that Nhiek Bun Chhay would likely be chosen as a 
Deputy Prime Minister again.  Other parties could submit to 
newly named National Assembly President Heng Samrin the list 
of their proposed committee assignments. 
 
CPP Not Reaching Out To SRP... 
------------------------------ 
 
¶6.  (C) Cheam Yeap indicated that SRP and HRP participation 
in the September 24 opening session activities are not 
necessary for the session to proceed because the CPP, 
FUNCINPEC, and NRP together hold 94 seats.  He metaphorically 
stated that an oxcart requires two oxen to make it move, but 
that the SRP and HRP have gone off on their own, away from 
the work of pulling along the oxcart.  For this reason, and 
because Sam Rainsy has been insulting the CPP by calling it 
names such as the "thief party," Cheam Yeap stated that the 
CPP has not been reaching out to the opposition to encourage 
their elected MPs to attend opening session activities. 
 
...But Has an "Open Skies" Policy 
--------------------------------- 
 
¶7. (C)  Despite his stated dislike for SRP rhetoric, Cheam 
Yeap indicated that CPP would be open to discussions with 
other parties about participation in the National Assembly 
committees.  He stated the CPP had an "open skies" policy to 
talk with any of the five elected parties.  However, he 
indicated that not only had CPP not been approached at any 
level, but that Sam Rainsy was being inflexible in denouncing 
the election and indicating that the SRP-HRP coalition would 
boycott the National Assembly opening session. 
 
Comment 
------- 
 
¶8.  (C) The National Assembly Permanent Committee has a plan 
for conducting the September 24 opening session based on a 
quorum of 50 percent plus one members present.  If the SRP 
and HRP continue with their plans to boycott the opening 
ceremony and the session proceeds anyway, the SRP will likely 
continue its rhetoric denouncing CPP's illegitimate election 
win and subsequent rule.  In the meantime, the CPP seems to 
be wasting little time in taking the next steps to govern the 
country, with or without SRP and HRP playing an opposition 
role in parliament.  It would appear that, while all nine 
National Assembly Committee Chairmanships will go to CPP 
members, and up to four Deputy Chair positions would go to 
FUNCINPEC, at least a few other Deputy Chair slots could be 
open to SRP, if only SRP would make overtures. 
 
¶9.  (C)  For Sam Raisy, the political question boils down to 
how he best wins support from his mixed constituency of 1.3 
million voters in Cambodia and another several hundred 
thousand considerably more well-heeled supporters in France, 
Australia, the U.S. and Canada.  He might serve the former by 
promoting SRP as a lesser opposition voice in parliament, but 
he may get far more support from the latter by positioning 
himself as a strident voice against the CPP, highlighting its 
failings, and being seen as a lone voice in the wilderness. 
CAMPBELL