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Supreme Law Contradictions
Op-Ed: Dr. Gaffar Peang-Meth
Last month, I engaged in an extensive interview by email, responding to questions from Russian journalist Stephan Jarinsky. The convergence of developing responses to those questions and the recent death of a longtime friend with whom I collaborated when fighting Vietnamese occupation of Cambodia in the 1980s caused me to be particularly reflective.
One question that I found intriguing was Mr. Jarinsky’s inquiry about how to describe modern day Cambodia’s regime. I chose Cambodia’s Constitution, adopted in Phnom Penh in 1993, as a point of discussion. The contrast between the promises described in the governing document and the execution of governmental functions by an autocratic and unaccountable regime could not be more stark. I spent more than a decade of my life trying to install a democratic regime in Cambodia. Countless friends and brave combatants were lost in that struggle. What we “won” was a government based on a Constitution that was the foundation for hope.
Article 1 says, “Cambodia is a Kingdom with a King who shall rule according to the Constitution and to the principles of liberal democracy and pluralism.” Article 8 makes the King “a symbol of unity and eternity of the nation”; the “guarantor of national independence, sovereignty, and territorial integrity,” “the protector of rights and freedoms of all citizens and the guarantor of international treaties”; and Article 9 assigns the King the “august role of arbitrator to ensure the faithful execution of public powers.” Today the King is a virtual prisoner in the royal palace compound, reminded ominously by the regime in power that his security cannot be guaranteed if he ventures into his country.
https://www.youtube.com/watch?
Article 31 states, “The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, the covenants and conventions related to human rights, women’s and children’s rights.” Article 32 states: “Every Khmer citizen shall have the right to life, personal freedom and security”; Article 38, “The law guarantees there shall be no physical abuse against any individual. The law shall protect life, honor, and dignity of the citizens . . .” These rights are not enforced. Thousands have been forcibly evicted from their lands so that the property may be sold or leased to foreign entities that have paid officials for the privilege. Citizens have been beaten and jailed for civil protests, have had their ballots negated. Neither the security of person or property is assured.
https://www.youtube.com/watch?
https://www.youtube.com/watch?
An old friend of mine wrote four decades ago about a false choice between the killing fields of Pol Pot and the new killing fields that were created by Vietnamese invading troops that installed the current regime and by the corrupt regime that has endured. My friend referred to that false choice as being caught between the plague and cholera.
https://www.youtube.com/watch?
Article 150 says, “This Constitution shall be the Supreme law of the Kingdom of Cambodia.” Perhaps one day it shall be. But today it is not.
Gaffar Peang-Meth, Ph.D., is retired from the University of Guam where he taught political science for 13 years. He can be contacted at peangmeth@gmail.com.
From Philippine to Cambodia on Overseas Absentee Voting
Political Paradigm of Pragmatism from the Khmer Youth part 65
Courtesy of Inquirer.Net
This part (65), Mr. Sophan Seng described and appreciated the recent Philippine election in which Filipinos overseas increasingly voted during this time.
ពីហ្វីលីពីនទៅកាន់កម្ពុជាៈ បោះឆ្នោតពីចំងាយឯនាយសមុទ្រ [អូអេវី]
ថ្មីៗនេះ អ្នកបោះឆ្នោតជនជាតិហ្វីលីពីនឯនាយសមុទ្របានប្រើសិទ្ធិរបស់ខ្លួនដើម្បីបោះឆ្នោតជ្រើសរើសមេដឹកនាំថ្មី។ ចំនួនអ្នកចូលរួមបោះឆ្នោតកើនឡើងយ៉ាងច្រើន។
From Phillipine to Cambodia: Overseas Absentee Voting (OAV)
Recently, Fillipinos overseas voters have used their right to vote in Phillipine election. The turnout figure is very outstanding.
Discussion on Teenagers in Politics of Campro
McGill students film their vote mob video for the 2011 federal election on campus. Apr 14 2011
Dear Esteemed Members,
I have tremendously learned from this discussion. Observing since my teen to present adulthood, the static of influencing the youth and framing on their future shape is remained intact. Hence, the current exit passage of the youth through new mean of social media shall result in a disorganized outcome.
1. Recalling my teen, i was influenced by parents, school teachers, community elders and political figures. My single mother encouraged me to work hard on school while she discouraged me from involvement with politics or social issues. Seeing with her own eyes of bitter social upheaval, she randomly warned me of don’t talk what you see, don’t say what you want, and she told to grow Ko tree and sesame plant to keep blind eyes and mute mouth with all political issues. At school, i was taught to use guns, to disassemble and assemble guns, and teachers instructed about crimes of Pol Pot, Kiev Samphan, and Ieng Sari, the teachers boasted confidently without any interruption on the political ideology of Max-Leninism in classrooms. At community, i was bullied by adults in a daily basis. Like i wrote in previous email, beside of instructing to use different tricks of zero sum game to overcome rivals, those adults repeated the phrase of “don’t teach all knowledge to your students because those students could topple you at the end”. I highly praised Premier Hun Sen through his speech played on public loud speakers about negotiations with Prince Norodom Sihanouk at the time.
2. I am remained disappointed to the popular proverb of “young bamboo shoots shall take turn from old bamboos” or “unity is power” while the mechanisms to make them happen are not designed or incentivized to design. Parenting lessons are not taught to students, to pedagogical courses, and to parents. Political system is vastly patron-clientalism in which has placed the learned and the merits-based culture at the marginalized spot. The national institution has not been established and often been ruined by the embedded cult of god-king. The present emerge of youth participation in politics is not regulated. It has been disincentivized by the institution.
3. The world and civilized states are embracing modern “growth mindset” while Cambodia is strongly seen in attaching to “fixed mindset”. When growth mindset praised someone on their efforts, accepting individual limitation, and to give up or sacrifice power as suitable time arrived, Cambodians are praising those with light skin with luxurious commodity and longed power status, or they are not been reluctant to admire their good Kamma accumulated in past life so that they could enjoy it at the present time without obstruction etc. Instead of saying “keep on trying with this work”, Cambodian teachers might say “you are very smart” to their students.
4. According to figures by international researches, Cambodia has been well off in building up fat body but paralyzing citizenship’s mind. For instance, ADB praised 7 digits of annual growth and sometime named Cambodia as “tiger” but corruption and freedom of speech which are vibrant cells of blood and mind have been gradually paralyzed and inflicted adding on to the existing traumas. Youths are believed becoming byproducts of these paralyzing and inflicting machine.
Buddha taught “all things are interconnected and inseparable (Pathiccasammudphatha)” as Nama (mind) and Rupa (body) are inseparable component of LIFE.
Overseas Absentee Voting in South East Asia by comparing between Thailand, Indonesia, and the Philiphines
Political Paradigm of Pragmatism from the Khmer Youth part 64
This part (64), Mr. Sophan Seng analysed overseas absentee voting by comparing between Thailand, Indonesia, and the Philippines.
According to IDEA, an organization focusing on Diaspora worldwide, there are more than 300 countries have included their overseas citizens to vote their home-country elections. In the ASEAN region, the record illustrated Thailand, the Philippines, Indonesia, and Lao, have included their overseas citizens. Malaysia is believed to include overseas citizens to vote in the next election.
|
Country |
Qualification of Overseas Voters |
Who/what may be voted |
Voting Method |
Voting Period |
Deadline for Receipt of Ballots |
Voting Statistics |
| Indonesia (1.36 m est. Overseas population) | A citizen, age 17th, and a registered voter | President, Vice President, Members of Parliament for electoral district of Jakarta | Voting in PersonPostal Voting | Election day | Election day | N.A. Except for The Netherlands where turn-out was 77% |
| Pillippines (7.76 m estimate overseas population) | A citizen, age 18 and a registered voter | President, Vice President, Senators and Party-List Representatives to Congress | Voting in PersonPostal Voting | 30 days for land-based voters; 60 days for seamen | Election | 65.00% |
| Thailand | A citizen, age 18 on January 1 in year of election, and a registered voter | Members of Parliament | Voting in PersonPostal | Variable subject to discretion of embassy or consulate | 6 days before election day | 39.53% (2000)35.7%
(2001) |