Constituent Assembly of Cambodia
The Cambodian Constituent Assembly (Khmer: សភារដ្ឋធម្មនុញ្ញកម្ពុជា) was a body elected in 1993 to draft a constitution for Cambodia as provided in the 1991 Paris Peace Agreements. The writing of the Cambodian Constitution took place between June and September 1993 and it resulted in the transformation of the political situation of Cambodia from civil-war-marred, autocratic oligarchy to a constitutional monarchy. Achieved under the guidance, auspices and funding of the United Nations Transitional Authority in Cambodia (UNTAC), the drafting of the constitution was the culmination of a larger, $1.6 billion effort to end the decades-old country’s civil wars and bring the warring parties into political, rather than military competition.[1] The result of the process was the creation of a constitution for Cambodia that, at least on paper, guarantees free political competition, regular elections, equal rights and representation and universal suffrage.
Background
Cambodia, like many of its neighbours, had no pre-colonial history of conception of constitution and rule of law. The balance of power between rulers and their subjects was such that a king and his central state in Cambodia ruled largely through influence and unofficial channels. David P. Chandler, the premier Cambodia historian, explains, "a Cambodian king, like most Chinese emperors, could rule only by extending networks of patronage and mutual obligations outward from his palace, at first through close associates and family members but becoming diffuse--and more dependent on local power-holders--at the edges of the kingdom." Into the 19th century, most of the rural population had only a rough conception of their king. According to Chandler, rural people generally believed the king to have power over the weather, to "dispense true justice" and to be "the only political source of hope among peasants."[2] That said, his legitimacy came much more from charisma, genealogy and cosmology than from his fairly enforcing a system of laws.[citation needed]
The notion of regimented legal and judicial systems was only really introduced to Cambodia with the advent of
Paris Peace Accords
The
The writing of the constitution and the transition to democracy were but a part of the larger disengagement and normalization process outlined at the Paris Peace Accords. Though it was to culminate with the complete transformation of Cambodia to a constitutional democracy, the process was separated into six steps. As outlined by Harvard's Professor Stephen Mark in a report for the United States Institute of Peace, those steps were:[5]
- • Cease-fire, demobilization, and creation of a neutral political environment.
- • Election of the Constituent Assembly through a UN-run election, the outcome of which was declared "free and fair" by the SRSG and the Security Council.
- • Selection of a drafting committee from among the members of the Constituent Assembly.
- • Adoption by the Assembly of the Committee's draft.
- • Proclamation by the king of the Constitution.
- • Transformation of the Constituent Assembly into the National Assembly.
Annex V of the Agreement on a Comprehensive Political Settlement of the Cambodia Conflict, called Principles for a New Constitution for Cambodia, consisted of six principles that were to guide the drafters of the new Cambodian constitution in creating a liberal democracy. They were derived from a United Nations recommendation issued during the drafting of Namibia's constitution in 1982.[6] Those Principles were:[7]
- 1. The constitution will be the supreme law of the land. It may be amended only by a designated process involving legislative approval, popular referendum, or both.
- 2. …the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law…Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
- 3. The constitution will declare Cambodia's status as a sovereign, independent and neutral State, and the national unity of Cambodian people.
- 4. The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections…
- 5. An independent judiciary will be established, empowered to enforce the rights provided under the constitution.
- 6. The constitution will be adopted by a two-thirds majority of the members of the constituent assembly.
The term "liberal democracy," as expressed in the fourth principle, was introduced to the discourse over the constitution apparently by
Constituent Assembly
The Paris Peace Accord had provided for the election, under UNTAC, of a
As per their UNTAC deadline, the Constituent Assembly began meeting to draft the Constitution on June 14 as the
Writing of the constitution began on June 14 and proceeded slowly. By June 30, the constituent assembly had only elected a president and two vice presidents, and drafted its Rules of Procedure. The Assembly created within itself two committees for the drafting of the constitution.[18] The first was the 13-member Committee on Drafting the Constitution which was chaired by BLDP leader Son Sann. The second was the committee on Rules and Procedures.[19]
The drafting of the constitution continued apace, though the hot and wet Cambodian summer. In late August UNTAC was shown a draft of the constitution. It apparently gave unacceptable power to the chief of state and inadequate protection of the rights of citizens and foreign residents. The draft also lacked any provisions for an impartial and independent judiciary. Finally, UNTAC representatives found it lacking any prohibition against torture. Only some of the suggestions that UNTAC submitted were accepted and integrated into the constitution.[20]
Prince Norodom Sihanouk and the Constitution
Prince Norodom Sihanouk had, throughout the drafting process, sent conflicting messages to the Assembly and the Cambodian people regarding his approval of a return to monarchy. In interviews and letters, he gyrated widely between approving and even demanding a position as the head of state, and on the other hand insisting that the controversy of monarchy was too divisive for demoralized Cambodia.[21]
Prince Sihanouk left for North Korea during the summer of the drafting of the constitution to pursue his favorite past time, filmmaking. In the first days of September a delegation representing FUNCINPEC and the CPP flew to Pyongyang. They brought with them two drafts of the constitution. One articulated a republic and the other, not so different, a constitutional monarchy. Following some dialogue, the Prince and the delegation agreed on the Constitutional Monarchy for Cambodia.[22]
Ratification
Five days of open discussion were held in September regarding the draft constitution. The discussions, finally held in the full Constituent Assembly, were followed widely and closely by a populace watching on televisions and listening on radios. Delegates to the Assembly agreed quite easily on the fundamental notion of a Constitutional Monarchy, but were in less agreement regarding some details. There was strong disagreement over whether to require a two-thirds majority for all legislation. The CPP was strongly in favor, as such a provision would guarantee them a continued stranglehold over Cambodian politics despite their electoral minority. Despite strong FUNCINPEC resistance, the CPP succeeded in maintaining the two-thirds threshold.[23]
Restoration of the monarchy
A final draft of the constitution for a constitutional monarchy in Cambodia was ratified by the Constituent Assembly on September 21. The constitution received the vote of far more than the two-thirds of the Assembly required to ratify, with 113 votes in favor of ratification, five against, and two abstentions. Prince Sihanouk signed the constitution into law on September 24, 1993, formally establishing the
In a deeply conciliatory gesture, the reinstated king hugged several
References
- ^ Information Technology Section/ Department of Public Information. ""Information Technology Section/ Department of Public Information. "UNITED NATIONS TRANSITIONAL AUTHORITY IN CAMBODIA (UNTAC)." United Nations. N.p., 2003". Archived from the original on 2013-10-12.
- ^ Chandler, David (1993). A History of Cambodia, second edition. Chiang Mai, Thailand: Silkworm Books. p. 48.
- ^ Marks, Stephen P. (2010). "The Process of Creating a New Constitution in Cambodia". United States Institute of Peace. Laurel E. Miller (ed.), Framing the State in Times of Transition: Case Studies in Constitution Making. Washington, D.C.: 207–244.
- ^ Marks, Stephen P. (2010). "The Process of Creating a New Constitution in Cambodia". United States Institute of Peace. Laurel E. Miller (ed.), Framing the State in Times of Transition: Case Studies in Constitution Making. Washington, D.C.: 207–244.
- ^ Marks, Stephen P. (2010). "The Process of Creating a New Constitution in Cambodia". United States Institute of Peace. Laurel E. Miller (ed.), Framing the State in Times of Transition: Case Studies in Constitution Making. Washington, D.C.: 207–244.
- ISBN 019829185X.
- ^ United Nations (23 October 1991). "Agreements on a Comprehensive Political Settlement of the Cambodia Conflict" (PDF). Paris, France: Department of Public Information. pp. 7–40.
- ^ Marks, Stephen P. (2010). "The Process of Creating a New Constitution in Cambodia". United States Institute of Peace. Laurel E. Miller (ed.), Framing the State in Times of Transition: Case Studies in Constitution Making. Washington, D.C.: 207–244.
- ^ Marks, Stephen P. (2010). "The Process of Creating a New Constitution in Cambodia". United States Institute of Peace. Laurel E. Miller (ed.), Framing the State in Times of Transition: Case Studies in Constitution Making. Washington, D.C.: 207–244.
- ^ United Nations (23 October 1991). "Agreements on a Comprehensive Political Settlement of the Cambodia Conflict" (PDF). Paris, France: Department of Public Information. pp. 7–40.
- ^ "Accords Matrix:Framework for a Comprehensive Political Settlement of the Cambodia Conflict". Kroc Institute for International Peace Studies, University of Notre Dame. Archived from the original on 2014-01-11. Retrieved 2013-05-04.
- ISBN 0824816390.
- ISBN 1563246651.
- ^ "Accords Matrix:Framework for a Comprehensive Political Settlement of the Cambodia Conflict". Kroc Institute for International Peace Studies, University of Notre Dame. Archived from the original on 2014-01-11. Retrieved 2013-05-04.
- ISBN 1563246651.
- ISBN 1563246651.
- ^ "Accords Matrix:Framework for a Comprehensive Political Settlement of the Cambodia Conflict". Kroc Institute for International Peace Studies, University of Notre Dame. Archived from the original on 2014-01-11. Retrieved 2013-05-04.
- ISBN 019829185X.
- ISBN 9780870030512.
- ISBN 9780870030512.
- ISBN 9780870030512.
- ISBN 9780870030512.
- ISBN 9780870030512.
- ISBN 019829185X.
- ISBN 9780870030512.