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The 1993 Cambodian Constitution: glass half-empty or glass half-full?
Op-Ed: Phnom Penh Post
On the 16th anniversary of its adoption, observers reopen a debate on the founding document’s legacy
KEY PROVISIONS IN THE 1993 CAMBODIAN CONSTITUTION:
- Article 7: The King shall reign, but shall not govern.
- Article 31: The Kingdom of Cambodia shall recognise 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 41: Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security.
- Article 44: The right to confiscate possessions from any person shall be exercised only in the public interest.
- Article 51: The legislative, executive and judicial powers shall be separated.
- Article 80: No [National] Assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his or her duties.
- Article 132: Revision or amendments shall be enacted by a constitutional law passed by the Assembly with a two-thirds majority vote.
AS the Kingdom marks the 16th birthday of its Constitution, adopted with much fanfare on this day in 1993, observers remain divided on the elusive document, opening a debate on whether it stands as a symbol of Cambodia’s emergence from years of war and conflict or a sign of squandered opportunities.
Cambodia’s founding fathers – a motley mix of lapsed Marxists, royalists, nationalist resistance fighters and foreign consultants – spent more than a year drafting a new Constitution together from the Kingdom’s 1947 Constitution and human rights stipulations contained in the October 1991 Paris Peace Agreements.
The Constitution that came into force on September 24, 1993, was a watershed in Cambodian history, containing a separation of powers (Article 51), adherence to international human rights treaties (Article 31) and a series of provisions respecting basic civil rights (Articles 32 to 50).
Coming at the tail end of the United Nations Transitional Authority in Cambodia (UNTAC) and just four months after Cambodia’s first multi-party elections in decades, the Constitution arrived at an important crossroads in the country’s history. But some say the story of the document since 1993 has largely been one of form over substance.
“We have a sophisticated set of documents, but documents are only papers. The facade is there, but there is no democratic substance,” opposition leader Sam Rainsy told the Post.
Political Paradigm of Pragmatism from the Khmer Youth part 47
This part (47), Mr. Sophan Seng has continued to analyse on the political tension between Cambodian People’s Party (CPP) and Cambodia National Rescue Party (CNRP). Focusing on the weak national institution or lacking of political institution for the nation, the current shape of Cambodia political landscape is remained fragile. Though, political figures ie Somdach Hun Sen and HE Sam Rainsy have jointly established “Culture of Dialogue” to avoid further dividing according to Khmer proverb said “Tide up, fish eat ant; water recess, ant eat fish”. But this new approach is not enough to bring about change, and it has been fragile as the state’s political institution basing on the “Rule of Laws” has not been established.
Question on independence of three branches: Executive, Assembly, and Court implementing in a civilized state, how does it work as Member of Parliament must serve as Minister appointed by a winning party? In practice, Canada’s Minister couldn’t monopolize power or reshuffle the Ministry at all as those technicians and expertise are remained in position protected by the Law; or whenever Minister is changed or transferred, those expertise are fully respected in the same posts. For the Minister themselves, if they got less votes among their party’s rival/candidate within their constituent, the Minister Post shall also been affected.
This is contradictory to Cambodia that Members of Parliament are bordered by province boundary which is larger than ability of each MP to oversea it. More than this, MP Candidacy is appointed by party without conducting election to be chosen within their circle at all.
Political Paradigm of Pragmatism Paris Peace Agreement 1991
Since 1991, Cambodia has been desperate as this country is remained led 
by the longest Premier Hun Sen whose leadership has focused on self-centred style than rule by law style. The Paris Peace Agreement has encouraged the Rule by Law leadership but this attempt has been disarrayed impregnably.
For this 24 years of PPA Anniversary, the CMN broadcasted the speech by Mr. Sophan Sent who was a keynote speaker during the gathering to commemorate the Paris Peace Agreement organized by Khmer Youth Association of Alberta (KYA).
Political Paradigm of Pragmatism from the Khmer Youth part 40
This part (40), Mr. Sophan Seng continued to analyse the Education Reform in Cambodia through the measure of strict exam for High School students. According to the increase in state budget for Education Sector, it is a good move, but it has remained insufficient to ensure that modernization and standardization of this important part of long term development for Cambodia.
For the strict exam, it has triggered question on genuine reform of Education system in Cambodia. Strict exam might be happened to pressure on students and teachers who have been poorly supported by the state. Or strict exam may be happened to restore popularity after the continual bad reputation occurred inside the school compound.
Corruption has been rampant in Cambodia. Not only the corruption within the administrative and institution body, but the Education Sector has been infested by this social virus. Cambodia needs a bright and clear policy for Education Reform. Strict Exam is not responsive to Education Reform.