ki media: the 1993 cambodian constitution: glass half ... · the 1993 cambodian constitution: glass...
TRANSCRIPT
pdfcrowd.comopen in browser customize free license contest
TRAITORS? (ZEROS) Thursday, September 24, 2009
The 1993 Cambodian Constitution:glass half-empty or glass half-full?
HEROES
KI MediaDedicated to publishing sensitive information about Cambodia
pdfcrowd.comopen in browser customize free license contest
Prince Norodom Sihanouk (left) and Prime Minister Hun
Sen celebrate the former monarch’s return to Cambodia
in 1991. The Constitution adopted in September 1993
restored Sihanouk as the King of Cambodia, reigning over
a constitutional monarchy. (Photo Supplied)
Thursday , 24 September 2009
Sebastian Strangio and Sam Rith
The Phnom Penh Post
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
pdfcrowd.comopen in browser customize free license contest
From Dictatorship toDemocracy
By Gene Sharp
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.
On the 16th anniversary of its adoption, observersreopen a debate on the founding document’slegacy
pdfcrowd.comopen in browser customize free license contest
By Gene Sharp
Preface1- FacingDictatorshipsRealistically2- The Dangers ofNegotiations3- Whence Comes thePower?4- Dictatorships HaveWeaknesses5- Exercising Power6- The need forStrategic Planning7- Planning Strategy8- Applying PoliticalDefiance9- Disintegrating TheDictatorship10- Groundwork ForDurable DemocracyApp- The Methods OfNonviolent Action
2010 Paris PeaceAgreements Events
Click on the linksbelow to read the
AS the Kingdom marks the 16th birthday of itsConstitution, adopted with much fanfare on thisday in 1993, observers remain divided on theelusive document, opening a debate on whether itstands as a symbol of Cambodia’s emergence fromyears of war and conflict or a sign of squanderedopportunities.
Cambodia’s founding fathers – a motley mix oflapsed Marxists, royalists, nationalistresistance fighters and foreign consultants– spent more than a year drafting a newConstitution together from the Kingdom’s 1947Constitution and human rights stipulationscontained in the October 1991 Paris PeaceAgreements.
The Constitution that came into force onSeptember 24, 1993, was a watershed inCambodian history, containing a separation ofpowers (Article 51), adherence to internationalhuman rights treaties (Article 31) and a series ofprovisions respecting basic civil rights (Articles 32to 50).
Coming at the tail end of the United NationsTransitional Authority in Cambodia (UNTAC) andjust four months after Cambodia’s first multi-partyelections in decades, the Constitution arrived at animportant crossroads in the country’s history. But
SUBSCRIBE TO KI-Media
Subscribe in areader
Subscribe to KI-Media by email:
Enter your emailaddress:
Subscribe
pdfcrowd.comopen in browser customize free license contest
below to read theannouncements
1- New York (NY,USA)2- Minnesota by KMS(USA)3- Phnom Penh(Cambodia)4- San Francisco (CA,USA)5- Ottawa (ON,Canada)6- Falls Church (VA,USA)7- Paris (France)8- Calgary (AB,Canada)
Déjà Views (Trial)
Khmer Democrat
Sacrava toons
Op-Ed by MP
NOTE
KI-Media loves tohear from you, and
some say the story of the document since 1993 haslargely been one of form over substance.
“We have a sophisticated set of documents, butdocuments are only papers. The facade is there,but there is no democratic substance,” oppositionleader Sam Rainsy told the Post.
Sam Rainsy, who was part of the royalist Funcinpecparty at the time the Constitution was drafted, saidmany provisions have simply been ignored by thegovernment since 1993, and the spirit of thedocument has been “killed” by subsequent lawsthat restrict its scope and override its provisions.
The Constitutional Council, the body charged withdealing with issues of constitutionality, isdominated by political party loyalists and notindependent of the ruling Cambodian People’sParty, he said.
Many of the more high-sounding provisions in theConstitution, including protections of basicindividual rights, could only be exercised within thescope of subsequent laws, many of which provedrestrictive, Sam Rainsy said.
“The Constitution was written in such a way as thegovernment and the ruling party can interpret itand water it down,” he said.
Subscribe
Delivered byFeedBurner
Breaking News
Free Press Magazine
The 22/11 JusticeFund
Prey Nokor News
Khmerization
pdfcrowd.comopen in browser customize free license contest
hear from you, andwe're giving you a
bullhorn. We just askthat you keep thingscivil. Please leave outpersonal attacks, do
not use profanity,ethnic or racial slurs,
or take shots atanyone's sexualorientation or
religion. We thankyou for yourcooperation!
Small Khmer Businesses
Drawing by Artist
Chea Vuthea
Guide for Siem
Reap/Angkor
RECENT POSTS
[Thai] PM: Cambodia
has removed sign [-
Cambodia blinked
again for the 2nd
time?]
Papering over the cracks
Son Soubert, who sits on the nine-memberConstitutional Council, said a bigger obstacle is thefact that the signatures of either the King, PrimeMinister Hun Sen, National Assembly PresidentHeng Samrin or one-tenth of the NationalAssembly is required in order to assess theconstitutionality of legislation.
He said that whole institutions contained in theConstitution – including the National Congress, apublic forum based on a similar body that existedunder Prince Norodom Sihanouk in the 1950s and1960s, and a Supreme Council of Defence headedby the King – have yet to take shape under theCPP’s rule.
The lack of the defence body in particular, he said,is a significant curb on the King’s constitutionalpowers.
Son Soubert, whose father Son Sann headed theConstituent Assembly that drafted the document in1992-93, said the system of communist partypatronage that dominated the government in the1980s was merely papered over by the post-1993constitutional order.
Sithi.org - HumanRights Portal
Center for Justice andReconciliation
Voice of KampucheaKrom Radio
World Khmer Radio
CambodianIndependentTeachers' Association
Khmer Heroes
pdfcrowd.comopen in browser customize free license contest
time?]
If Thaksin
Shinawatra could
say anything to
Abhisit, it could be:
"Welcome to the
party!"
What is the State of
the Kingdom of
Wonder?
Casualties from mines
rise 17 per cent in
Cambodia
PAD [Thai] to sue
[Thai] PM for
causing territorial
loss
FLASH POINTS
Global Witness report
Dey Kraham video
Statement of Heng
Peov
“For me, there are a lot of unfulfilled expectations,”Son Soubert said.
“The political will and the spirit of the Constitutionhas been betrayed.”
Son Soubert said the Constitution had generatedhigh hopes in the early 1990s, but the UNTACmission failed to facilitate a successful transition toa solid constitutional regime.
“It’s a missed opportunity, and it will be verydifficult to come back,” he said. “With newgenerations, there may be an evolution of mind andspirit, but I still have my doubts about that.”
Glass half-full
Government officials, however, said the 1993Constitution has led to significant gains. CheamYeap, a senior CPP lawmaker, said Tuesday that hewas proud of what the government has achievedsince its passing.
He said the Constitution gives a firm basis togovernment efforts to introduce new democraticreforms, reduce poverty and improve the humanrights situation in the Kingdom.
“We have taken the Constitution as the basic law
CambodianReconciliationCommittee, Inc.
CKN-Media
Cambosastra
Link List
Rong Khmer Blog
Mount Dongraek
Bopha Pursat
Khmer Tear Blog
Rath Muni's
Resources
pdfcrowd.comopen in browser customize free license contest
Peov
Heng Pov in
L'Express
Dey Kraham
Sam Rainsy's speech
NEWS IN ENGLISH
The Mirror
John Vink photos &
news
Khmer Intelligence
Khmerization
Voice of America
Khmer
The Phnom Penh
Post
Google News
Yahoo News
NEWS IN KHMER
Free Press Magazine
that we implement in Cambodian society,” he said,adding that 354 laws have been passed since thefirst government mandate, with more to come.
Although the CPP now has the two-thirds majorityrequired to amend the Constitution at will, CheamYeap said the action was avoided and has only beentaken six times to break serious “deadlocks”.
Despite lapses in implementation, others said thepresence of a good written Constitution containedthe seeds of future democratic progress.
Ou Virak, president of the Cambodian Centre forHuman Rights, said the document – drafted largelyby foreigners – has never been fully understood bythose in power, but the existence of soundprinciples is a benefit for human rights activists.
“It’s always good to start with the right principle …and then from there, you push for enforcement,”he said, adding that if civil society activists thoughtmore strategically, the Constitution could be apowerful tool.
“I think Cambodia is sitting on a great potential.Why we are not moving forward very rapidly –that’s another question.”
Pich Dara "Lady
Khmer"
Cambodia Korea
Alumni Association
Near You Forever
News
Dara Khmer News
CCHR on Facebook
Leave Freedom
People School
World Bank
(Cambodia)
Thanin's Society &
Economy
Keo Chan Somphors
Khmer Love Khmer
(Khmer)
Khmer Love Khmer
(English)
Khmer IT
Khmer Welcome
pdfcrowd.comopen in browser customize free license contest
Khmer Nation
Cambodia Politics
Radio Free Asia
Khmer Service
Ka-Set in Khmer
Everyday
Koh Santepheap
LES INFOS ENFRANÇAIS
Ka-set
Cambodge Soir
KHMER KROM NEWS
Prey Nokor Info
Khmer Krom
Network
Prey Nokor Webzine
Khmer Kampuchea-
Krom Federation
KKF Youth
Posted by Heng Soy | Permalink |
Labels: Cambodia Constitution | Freedom rights inCambodia
19 comments:
Anonymous said...
Ah Lop Lop,Zizihanouk
2:50 AM
Anonymous said...
Sihanouk,Ho Chi Minh,Mao
http://www.youtube.com/watch?v=DIrUHVFkm9A&feature=related
2:52 AM
Anonymous said...
Mao,Ieang Sary,Sihanouk,Le Duc THo
they love each other to kill khmer!
http://www.youtube.com/watch?v=DIrUHVFkm9A&feature=related
Khmer Welcome
Defaced History of
Cambodia
Khmer Vipheak
Khmer Machas Srok
Newspaper
Khmer Community
Blog By Khmer
Cambodia Forum
Docs
Cambodia Politics
Cambodia's Border
Committee
Cambodian Bright
Future
CIC - cambodia.org
Kamnap Yim Guechsè
Karmatoons
Khemarak Borey
Khmer Mchas Srok
Movement
pdfcrowd.comopen in browser customize free license contest
Community v=DIrUHVFkm9A&feature=related
2:59 AM
Anonymous said...
http://www.youtube.com/watch?v=P0tkI2dO8_A&feature=related
3:02 AM
Anonymous said...
This 1993 Constitution is not even worth the paperit's written on. The government of the CPP ( not ofCambodia) uses it only when it benefits them,otherwise it's a piece of crap. Separation of powerof the 3 branches of the government? Don't makeme laugh... What human rights? Whatever HunSen/CPP says that's the law, right? That's whysome people call this country "Kam Pum Chea"meaning endless pain and suffering that are alwayscaused by their leaders' errogance, stupidity,selfishness and corruption. I'm talking about allgenerations, not only the CPP.
3:04 AM
son of a farmer said...
SihanoukVarman is always a joker and killer.
3:04 AM
Movement
Khmer Net Radio
(Oldies songs)
Khmer Network (in
French)
Modern Progressive
Khmer
Navy Phim Blog
PolitikToons
PraCh Ly's Mujestic
Sacrava Toons
Sam Vichea's Kamnap
Kumnou
Cambodian Heritage
Sud Est Asiatico
KI-Media TEAM
Visam
Money Vong
Khmerization
pdfcrowd.comopen in browser customize free license contest
Anonymous said...
Everyone in this blogger (esp. old people) mayberemembered why Sihanouk allowed Khmerterritory during the Vietnam war for Vietcongusing the military base. As I know from old people,he did like this because:1- Ho Chi Mihn told him when Vietnam won southVietnam, Uncle Ho gave 3 Khmer provinces back.After Sihanouk returned from Vietnam after Hodie, he cried at the Pochenton airport, Why?Because the folllower from they did not know thisagreement between Sihouk and Uncle Ho. If he didlike this, he must show our Khmers blood to beknow....2- for his family benifit from this war
Khmer son
3:22 AM
Anonymous said...
Hun Xen is stuped! Se-ah-nouk is stupiter.... I don'tunderstand why old people over respect this idiot,"Sdach Pleur". If you really look back in the historyits all his fault. He is too stupid!
Now, the current king, is a "sdach pleur junior". Hedon't care about anything. What a waiste, the king
Heng Soy
Koun Khmer
KI Media
Angkor Stone
Khmer Democrat
KKInfo
.
Khmer Young
Socheata
Luc Sâr
READING INTEREST
The Cambodian Royal
Chronicle - by
Chhay Chanda
Rooted in the Stone -
by Sam Rainsy
Reflection of a Khmer
Soul - by Navy
Phim
Daughter of the killing
pdfcrowd.comopen in browser customize free license contest
has less power than a dead pawn.
3:48 AM
Anonymous said...
Now, the current king, is a "sdach pleur junior". Hedon't care about anything. What a waste, the kinghas less power than a dead pawn.Quote from 3:48 Icalled Ah Sdach Ting Mong! don't even think aboutgiving them a power...in the past when ah sdachhad power people suffered alot!
4:02 AM
Anonymous said...
Dear P-AUN PROS KHMER SON,Regarding the agreement between Uncle HO andOur Godamned KING SIHANOUK was just arumor, the facts wereChinese was still having a strong friendship withNorth Vienamese , Vietcongs and Former SovietUnion and SIHANOUK was siding with these allTHREE and the Communist and Socialist countriesOur Royal Mother in law of SIHANOUK , MmePOM PEANG wasa main factor smuggling ALLMEDICINES , FOOD and weapon supplies to NorthVienamese Troops based in Cambodian territory.I will be right backTHANKS for asking the Senior
fields - by Theary
Seng
BLOG ARCHIVE
BLOG ARCHIVE
No. of readers
Blockbuster OnlineDVD Rental
pdfcrowd.comopen in browser customize free license contest
Best of wishes and respectsFrom A Young KHMER REPUBLIC Commando,1970
4:08 AM
son of a farmer said...
My beloved Khmer Son!
Da #1 is unconscientiously or arrogantly excusedfrom the pro-SihanoukVarman's folks!
4:1 7 AM
Anonymous said...
Both are equally destructive to Khmer people andthe country.
4:20 AM
Anonymous said...
It was said that King Sihanouk was a veryambitious Khmer politician but as it turn out AHHUN SEN is more ambitious Khmer politician orshould I say AH HUN SEN the Vietcong slave! Thetriumph of AH HUN SEN is the triumph of theVietcong over Cambodia! King Sihanouk is a sorelooser and only a sore looser would live in exile!
4:44 AM
pdfcrowd.comopen in browser customize free license contest
Anonymous said...
Dear My Beloved Young Brothers,It has been so unluckily and terribly unfortunatefor our nation and people to have such a horribleand unrealistic leader like SIHANOUK,I remembered one time during the specialceremony for the KHMER ROUGE ( CADRE KEOPONG) laying down their arms to HUN SEN andHUN SEN admitted truely and honestly that KEOPONG and him left their villages and schools atvery early young ages to join KHMER ROUGEafter the appeal of our GODAMNED KINGSIHANOUK crying out loud from BEIJING onMarch 23, 1970, to the Farming families to join thePREY MARQUIS to fight LON NOL and Americanfor him along with over well trained and equippedNorth Vietnamese and Vietcong Troops.Additionally, HUN SEN said "IF YOU DO NOTBELIEVE ME ! PLEASE ASK SAMDECH OV(SIHANOUK ) and SAMDECH MER ( MONIQUE)WHO ARE PRESENT BEHIND ME UNDER THISCARNOPY."So , if there is NO SIHANOUK! There is NO HUNSEN !From A Young KHMER REPUBLIC COMMANDO,1970
5:03 AM
pdfcrowd.comopen in browser customize free license contest
Anonymous said...
2:52 AM Wonderful! Those are real "ThreeStooges" Mao, Minh, Nouk.
Moe is MoeLarry is MinhCurly is Nouk
6:08 AM
Anonymous said...
5:03 AM
Exactly!
NO SIHANOUK!NO HUN SEN!NO YUON!
6:1 3 AM
Anonymous said...
Hun Sen: hehehe, hahaha, hee, haa.Khmers: What's he laughing about?Hun Sen: hehehe, hahaha, hee, hee.Khmers: Why are you so excited?Hun Sen: I'm on top of the world.
pdfcrowd.comopen in browser customize free license contest
Khmers: He's gaining his wealth.Hun Sen: Do what I said?Khmers: We can't is his LAW.
6:1 5 AM
Anonymous said...
You are right, 6:13AM
No SihanoukNo Pol Pot (Killing Field)No Hun Sen No Youn
Bravo! Sadech Ov Sneha Xmé!
8:1 7 AM
Anonymous said...
What's about articles 8 and 9 stipulating aboutsocial roles of King?unless he was accepted as part of PACKAGEagreement between Hun Sen and Rannarith?Any external force(viets) in this implementation?
Concerns
1 :21 AM
pdfcrowd.comopen in browser customize free license contest
Newer Post Older Post
Post a Comment
Links to this post
Create a Link
Home
Subscribe to: Post Comments (Atom)