(Martin Collacott is the former Canadian Ambassador to Cambodia and was Chief Canadian Observer at the recent elections. Phnom Penh Post, October 30-November 12, 1998)

The CPP and the opposition parties have still been unable to agree on the formation of a new government. As a result the country has been unable to assume its seat in the United Nations General Assembly and its membership in ASFAN may again be delayed. The lack of compromise is also taking its toll in the economic sphere as investors and donors hesitate to bring in new resources in the present uncertain political climate.

Opposition leaders are increasingly coming under pressure for their failure to reach an accord with the CPP. Among their reservations are the facts that they do not feel that there has been an adequate reconciliation of votes cast in the July election and that there still needs to be a resolution of conflicting views over the seat allocation formula which was used.

Indeed the importance of such issues being addressed was noted by the UN-sponsored Joint International Observers Group. In its statement of 27 July JIOG made the point that, while recommending all parties accept the results of the election, this recommendation wa5 "subject to the vote tabulation and complaints and appeals processes being carried out satisfactorily".

Underlying the opposition's reluctance to participate with the CPP in governing the country, however, are far more serious concerns. Hun Sen last week indicated his commitment to pursue a number of tasks important to the rebuilding of Cambodia. These included stamping out illegal logging, and the speeding up of reforms to the judicial system, army, police and civil administration.

While he may have succeeded in pushing many of the right buttons in telling the international community what it wanted to hear, this is not the first time he has given such reassurances.

One of the key indices in determining whether Hun Sen is senous about reform is how he deals with the lack of rule of law and state of impunity which pervades the country.

On the one hand no one is ever charged in connection with attacks on opposition supporters, whether it involves killing of newspaper editors, throwing grenades at p0litical rallies or attempts on the lives of individual leaders.

the1n the run up to the elections, CPP-controlled government did agree, under sustained pressure, to investigate the killings of almost 100 Funcinpec supporters that took place after the ouster of Prince Ranariddh last year.

Nothing further was heard of the promised investigations once the elections were over, however. In contrast, those in control of the judicial system and security forces have missed few opportunities to use them as instruments to attack and harass the opposition.

This has included the charges against Prince Sirivudh and Prince Ranariddh and most recently those against Kern Sokha, the former Chairman of the Human Rights Committee of the National Assembly. A statement on 23 October by Thomas Hammarberg, the spedal representative on the UN Secretariat on Human Rights in Cambodia, underlined the seriousness of the situation.

He noted that there had been no sign of improvement in the human rights situation in Cambodia, citing both the lack of investigations into more than 20 killings at the time of last month's opposition demonstrations as well of the above mentioned killings of Funcinpec supporters last year.

In the circumstances the opposition's reservations about cooperating with and legitimizing Hun Sen's administration are understandable.

Despite his encouraging statements of last week, his actions indicate that he has no interest in establishing the rule of law Cambodia and in creating a climate where democracy and human rights are protected.

While it is fine to talk about the reform of the judicial system at some unspecified time in the future, if the CPP really wants to gain the confidence and cooperation of the opposition and the respect of the international community, it must take action now to bring to justice those who have attacked opposition supporters as well as put an end to harassment of the opposition.

Unless this is done, Hun Sen and the CPP must accept principal responsibility for failure to bring the opposition into the government and for the implications this has for Cambodia's continuing isolation.