Historical Development of Cambodian
Cambodia went through six regime/political systems so for:
• 1947-1970 Kingdom of Cambodia (Constitutional Monarchy)
• 1970-1975 Khmer Republic (Constitutional Presidential Regime)
• 1975-1979 Democratic Kampuchea (Communist Regime)
• 1979-1989 People Republic of Kampuchea (Communist Regime)
• 1989-1993 State of Cambodia (Socialist Regime)
• 1993-Present we went back again to the Kingdom of Cambodia (Constitutional Monarchy) . Below is the time line:
In addition, from 1993 up to now we are having many events and achievements that are interested such as: Paris Peace Agreement that designed today and the future structures, cease-fire, military integration, refugee’s repatriation, free and fair election, which arranged by UNTAC (UN Transitional Authority in Cambodia), and so on. Moreover, we also describe about how the Cambodian Constitution be functioned? The process that we form and dissolve the government and the three main branches that can’t be missed any of them in the constitution and people rights.
I. Cambodia (1947-1970)
Before going straight to the history of Cambodian in 1947, let discover a little bit on the earlier history of Cambodia from the French colonization. In 1863, France accepted the Cambodian King’s invitation to impose a protectorate over the country lasted till 1953 (90 years). In theory, the France administration should be indirect for the aim of protection, however, in practice they had the supreme power over all major sectors in the state which included Collecting tax, developed rubber plantation in eastern Cambodia, exported amounts of rice, French style of administration,… and selecting the king. The legacy of the French colonization lasted till today, for example, the Parliament governmental system. By the end of 1949, King Sihanouk signed a treaty for so call 50% independent from France. The teaty allowed Cambodia more freedom in foreign affair and military control over Battambang and Siem Reap. King Sihanouk was called a National Hero for gaining independent back to Cambodia in November 1953, nevertheless; in 1955; King Sihanouk abdicated the throne and became a full time politician. He formed People’s Socialist Community (Sangkum Reastr Niyum) and won in national elections. He had been a prime minister up to 1960 when his father, king Norodom Suramarit’s death, he was officially announced to be the head of state . In 1960s, Sihanouk lose control his own policies which led to raising inflation, poor finance policies, governmental corruption, and mismanagement. His poor leadership at that time allowed General Lon Nol who was the defense minister and supreme commander of the army took over in 1970.
1. Politics:
In 1946, it was the first time in our history, Cambodia were allowed to form political parties. Democratic Party was led by Prince Sisowath Yuthevong. He was highly educated in France and had a French wife. During his time in France, he admired their system and wanted to lead Cambodia the same ways. The second party was the Liberal Party which led by Prince Norodom Norindeth who is a conservative. His party was funded by France. The third party was the Progressive Democrats was led by Prince Norodom Montana who is more or less a conservative as well and directly support by the king and his advisers. Soon after the parties were formed, election for the Consultative Assembly was held to form a group to advise the king about a constitution for the country. The election turned out that the Democrats won fifty of the sixty seven seats, and the Liberal won fourteen. The other three seats won by independent candidates .
2. The first constitution
Before 1947, Cambodia was governed by a monarchy with two elected parliaments, the National Assembly and the Popular Assembly. The monarch who is the king had supreme authority over executive, legislature, and the judiciary . In 1947, King Sihanouk issued a Constitution promising to replace a monarchy with a democratic government. Having seen that king Sihanouk as a puppet to the French, democrats who held the majority of Assembly seats drafted a constitution (1947) which follows the constitution of the France to reduced the power of the king, and develop a kind of documents to give the real power to the National Assembly. Democracy was born than under the banner of Guided Democracy. By the time the first constitution was created, the country turned from absolute monarchy into a constitutional monarchy. Yet, the Democrat was powerless to impose their will. The elite who had the power in the county were of course the French, Royal families, and the Chinese.
3. Relation with Vietnam
The war between North and South Vietnam had not only affected internally but also led to the heaviest booming by the US into Cambodia territory. By mid 1960s, parts of Cambodian eastern province were serving as bases for the North Vietnamese Army, and the port of Sihanouk ville were being used to supply them . In 1965, Sihanouk broke off diplomatic relations with the US and allowed North Vietnamese to enter. There were large scales of North Vietnamese and Viet Cong logistical base on Cambodia territory and they had established a special unit in 1966 to train the Cambodia communist .
II. Republic of Kampuchea (1970-1975)
Cambodia is the county that has been changed many regimes; from one step to other step are difference all such as decentralize, power, decision and activities. However, Cambodia used to be one country had heirs of great civilization, powerful, large, and glorious. Although, it has many systems and styles to practice in political, all of those point that made other country interesting in Cambodia.
During this period 1970 to 1975 Khmer political has been changed their own power and leader; thus, the new leader in the past occupy by the king, but in 1970 to 1975 occupy by the president Lon Nol. The regime is named Republic of Cambodia.
The leader has to execute whatever can provide the good result for the people. First she/he cares about the right of people and takes responsibility to the society. According to the article 1 said that Cambodia is republic, independence, democratic that think about the social benefits, is the one county can not separate.
1. Constitution:
The motto of Republic Khmer is freedom, happiness, fraternity and quality. The goal of republic is management of people, by people and for the people (Article 3). No one should be both a member of parliament and a member of any other institution of the republic estimate by the constitution except the high court of justice (Article 50). The parliament should make the laws (Article 64) justice should be administer in the name of the people according to a procedure fixed by the laws (Article 80). The judicial branch should be independent . It should be the guerdon of impartiality. It should protect the right and freedoms of the citizens. It should be the vested in the Supreme Court and lower court (Article 81). The supreme National council should ensure the independence and discipline of the branch.
During that period, it had one story in the past that we observe that the number of people in that time was around 7 million and Cambodian was a state of Viet Cong. President Lon Nol also announced to the volunteer for Cambodian army. President Nixon officially of U.S had agreed to put the booms in Cambodia on February 23, 1970, they not only did it by secretly since 1965, but also increases booms in 1969. On April 30, 1970 the ship of U.S were sent booms in to Cambodia. Beijing exiled a prince of Sihanouk made relationship with the Khmer Rouge that allowed the PR China from 1970 to 1973 Cambodia was a side cinema of Viet Name war. The U.S drop the booms affect the country greatly usually Cambodia and U.S ship were unable to maintain control of much of the country. In 1973 the U.S ship left, and in 1975 the Khmer rouge entered Phnom Penh and took over the country.
Constitution is the supreme law of the country or the nation apart from neighboring country. Cambodian constitution has change many times since 1947. The first constitution (1953-1970) was structured as a monarchy constitution that had a king to be the head of state . The following constitution (1970-1975) was recognized as an independent democratic and social republic . The next one is the constitution (1976-1978) which the state of Kampuchea was an independent, unified, peaceful, neutral, non-aligned, sovereign and democratic state enjoying territorial integrity . The last one is the constitution from 1979-1993 which the National Assembly was the supreme organ of State power and the sole legislative organ (Article 45) .
III. Democratic Kampuchea(1975-1979):
Regarding to that revolution, communist movement’s still being concerned as a trouble that would define how it influences the practice of Khmer Rouge Regime. It is estimated that over 1.7 million people died from starvation, execution, disease, and over-working during the Cambodian genocide, which took place between 1975 and 1979 . The city dwellers joined rural Cambodians in an ill-fated attempt to turn the country back to ‘’ year zero’’ and establish a peasant-let agrarian society . Infringements punishable by death include not working hard enough, complaining about living conditions, collecting or stealing food for personal consumption, wearing jewelry engaging in sexual relations, grieving over the loss of relatives of the loss of relatives or friends and expressing religious sentiments .
2. Pol Pot’s background:
Pol Pot was born on 19 May 1925 in Prek Sbauv in Kampong Thom province, from a prosperous farmer. He did not graduate his study in France, came back to Cambodia started to see the gaps between poor and rich people. He was influenced by Communist after visiting China had the idea of forming revolution, which had poor, farmer, uneducated people, and teenagers lead this country. Everything changed form white to black, from right to wrong, from moral to immoral, since he became the Khmer Rouge leader. Millions of Khmer people were killed under his regime.
3. DK’s Constitution:
• In January, 5, 1976, the new constitution was promulgated. The new constitution was created due to the fact that the entire Kampuchean people and the entire Kampuchean revolutionary army desired an independent, unified, peaceful, neutral, non-aligned, sovereign Kampuchea. Without exploiters and exploited with replacement of happiness, equality, justice and democracy. To recognize the above desired, the Special National Congress held on 25, 26, 27 April 1975. The 1976 constitution was described as ‘’ not the result of any research on foreign documents,… nor the fruit of any research by scholars. In fact the people such as workers, peasants, and revolutionary army are those who wrote the constitution by their own hand’’, according to Khieu Samphan.
IV. People Republic of Kampuchea (1979-1989):
1979-1989 was known as the People’s Republic of Kampuchea (PRK) regime. Beyond this regime, Vietnam was the advisors at all levels, and they also controlled most of the country sides. However, the objective of establishing this regime was to topple the Pol Pot regime and to adopt a new constitution for a state.
1. Constitution:
Cambodia is recognized as “a democratic state advancing toward socialism.” The constitution is also including the equal rights- the right to participate in social as well as public affair- among the citizen regardless of gender, religion or race. It also guarantees and protects people from being inviolate, protects life and legal interest of the people, preserve public security and social order. Moreover, the constitution is also address in all matters related to social, education, culture, public health and development along with tourist promotion. According to the constitution of the PRK, The National Assembly was the supreme organ of state power (Article 45). The government was responsible and reported its works to the National Assembly (Article64). The judges should protect the power of the people and democratic legality, preserve public security and social order, protect public property and rights, freedoms, life and legal interests of the citizens (Article 79).
2. Structure of Government:
In 1979, one of PRK policies was to establish people’s self-management committees in all areas. Because there are a lot of committees, it was formed an administrative structure for the Kampuchean People’s Revolutionary Council (KPRC) which was leaded by Heng Samrin, as the central administrative body. However, as the new constitution was adopted, it was required an elected Council of Ministers to be a new ruling body. Therefore, Pen Sovan who was assisted by three deputies Prime ministers- Hun Sen, Chan Si, and Chea Soth- became a new prime minister in 1981. Beside, the new organs such as National Assembly, the Council of State, and the Council of Ministers assumed KPRC functions.
3. The National Assembly:
In the meantime of PRK, there was only one branch of legislature which was National Assembly- the supreme organ of the state power. Similarly, the National Assembly was the one who has power to adopt of amend the constitution and the laws to oversee the government’s reported as well as the affairs of council of ministers. Furthermore, the National Assembly was authorized to remove or elect the member of the council of state and the council of ministers. Conversely, the council of ministers is not authorized to dissolve the national assembly. Normally, the national assembly was held twice a year or more sessions if needed.
4. The council of state and council of ministers:
The council of state which Heng Samrin was the head (27 June 1981 – 1 May 1989) consists of seven members who are elected from the N/A. The council of state carries out the duties of the Assembly between sessions of the N/A. In addition, the council of state has authorized to organize the election in the N/A, interprets constitution and laws, and reviews judicial decisions, whereby the council of ministers has authorized to hold the executive power. The government which is known as the top executive organ is member in both N/A and the council of ministers while other members cannot be. Moreover, members of the council of ministers which consist of one Prime Minister, two deputy prime ministers, and twenty members were elected by the N/A for five years term.
5. Judiciary:
In Heng Samrin regime, the People Supreme Court was the highest court of the land. In order to deal with the special cases around the country, the council of state established elective bodies called people revolutionary committees to be appoint as judges and public prosecutors and two or three people’s councilors assists and have the same power as judges in passing sentences. At the provincial and district levels, the elective bodies are chosen by representatives of the next lower level people’s revolutionary committees for five years term, whereas at least commune level, the member of elective bodies are elected directly by the local people for three years term.
V. State of Cambodia (1989-1993)
Due to dramatic change the three powerful countries- United State, Soviet Union, China- were looking for ways to end their support for Cambodia. In 1987, the negotiation of peace agreement was begun. The objective of the agreement was to end the conflict in Cambodia by created democracy, and market economy with international assistance. However, Vietnam received much pressure from these changes, so Vietnam withdrew its military troops from Cambodia in 1989.
After the withdrawal of Vietnam troops from Cambodia, the PRK was not last longer, as it was reformed to the State of Cambodia (SOC). As a result of Paris Peace agreement 1991, Cambodia was adopted to Constitutional Monarchy. Moreover, in the meantime, Cambodia is known as free market economy country which allows people to do the economic competition. In addition, the ethic group of Chinese was allowed to observe their religion which was restricted during PRK.
VI. Kingdom of Cambodia (1993-Present )
Because of long term in war, Cambodia gave both influences to its own people and distracting the other countries in the same region in economics developing, etc. Indonesia was an initiative country, which had the idea of bringing peace to Cambodia in 1988 . The following Paragraphs are reasons that we have Cambodia today. Moreover, we are also writing about the reason that make we have Cambodia today such as Paris Peace Agreement, how the government is formed, dissolved, the three mains branches in our Constitutional Monarchy, and Khmer people rights.
1. Paris Peace Agreement:
On October 23rd, 1993, the Paris Peace Agreement was held. There were many important reasons of organizing this accord such as: cease-fire, free and fair elections, repatriates refugees, and military reform. Prince Norodom Sihanouk was the President of Supreme National Council (SNC). In November 1991, the other member of SNC and UN Advance Mission for Cambodia started the resettlement process in Cambodia at the same time. The UNAMIC began de-mining operations to expedite to repatriation of approximately 370,000 Cambodians from Thailand . On March 16, 1992, the UN Transitional Authority in Cambodia (UNTAC) arrived to begin the implementation of the UN Settlement Plan. The High Commissioner for refugees began full-scale repatriation in 1992. UNTAC grew into a 22,000-strong civilian and military peacekeeping force to conduct free and fair elections fro a constituent assembly .
2. Free and Fair Election:
Over four million Cambodian (90%) were eligible to vote in May 1993 elections. However, all political parties joined this election accept Khmer Rouge. Prince Norodom Ranariddh’s FUNCINPEC Party won the majority with 45.5 % vote, follow by Hun Sen’s Cambodia People Party and Buddhist Liberal Democratic Party. FUNCINPEC entered a coalition with other parties that had participated in the election. The party represented in the 120-member assembly to precede draft and a new constitution, which was promulgated September 24, 1993. It established a multi liberal democracy in the framework of a constitutional monarchy, with the former Prince Sihanouk elevated to King. Prince Norodom Ranariddh and Hun Sen became first and second Prime Ministers, respectively in the Royal Government of Cambodia (RCG). The constitution provides for a wide range of international recognized human rights .
However, this coalition government did not last for long. In 1997, there was a military coop between Prince Norodom Ranariddh and Hun Sen supporters, killed more then 100 of FUNCINPEC, some fled to other country. Hun Sen took over as Prime Minister. FUNCINPEC leader returned to Cambodia shortly before the 1998 National Assembly elections, which CPP received 41% of the vote, FUNCINPEC 32%, and Sam Rainsy Party (SRP) 13%. The CPP and FUNCINPEC formed another coalition government, with CPP the senior partner . Later on, we arrange the election by ourselves no more UNTAC but there are also the present of international observers.
On February 2002, Cambodia held the first Commune Council Elections. These elections select the member of 1,621 commune (municipality) councils also were marred by political violence and fell short of being free and fair by international standards .
3. Formed and Dissolved Government:
Our government is formed through free and fair elections; the winning party that holds the majority will role the country or enters a coalition. Then the list of dignity cabinet need to be proved by the National Assembly with at least 50%+1 (123 seats), vote of confident, lastly the new government is formed after appointed by the King. Dissolving the government is almost the same except this time the National Assembly members vote to withdraw the confidence.
4. Legislatures:
Recognized as Constitutional Council, have two important branches. First is called the National Assembly, which has 123 members, “Article 76 of the Constitution states that the Assembly consists of at least 120 members” from different political parties that people voted to represent them. The main responsibility of National Assembly members are regulating and overseeing executive behavior, making law, voting and taking away the vote of confidence, and making the Motion of Censure. Another important branch is Senate, which functions to review law, approve law, ratify international treaty or convention, check and balance the National Assembly, represent people interest, regulate executive behavior, and controlling dangerous executive.
5. Executive:
Executive is known as the Royal Government of Cambodia (RCG). Article 99 of the Constitution defines the RCG as “The Council of Ministers, led by one Prime Minister assisted by Deputy Prime Ministers and by State Ministers, Ministers and State Secretaries as Members” . Article 100, at the recommendation of the President and will the agreement of both vice-presidents of the assembly, the king shall designate a dignitary among the representative of the winning party to form the Royal Government. This designated dignitary shall lead this colleagues who shall be member of the Assembly or members of a political parties represented in the assembly, to ask for vote of confidence from the Assembly. After the Assembly has given its vote of confidence, the King shall issue a Royal decree (Kret) appointing the entire Council of Minister .
The King: shall have the right to grant partial or complete amnesty, article 27. The King of Cambodia shall reign but shall not rule, be the state of state for life, and be inviolable, Article 7. The elected King of Cambodia shall be a member of the Cambodian Royal Family, of at least 30 years old, and descended from King Ang Doung, King Norodom, or King Sisowath, Article 14. Appointed by the Royal Council of Throne, first the President of the National Assembly, second the President of Senate, thirds the Prime Minister, fourth the Supreme Patriarchs of Mohanikay and Thammayuth Orders, fifth the first and second vice-president of the senate, lastly the first and second vice-president of the National Assembly, Article 13 .
6. Judiciary:
Judiciary is required to be an independent power, Article 109. We were under French Protectorate about 90 years therefore our law is recognized as Civil Law System that usually traced to the Roman law in 553 AD . There are three courts in Cambodia Judiciary System. First, the Supreme Court (SC), is the highest court of appeals in the country and its jurisdiction over the whole territory of Cambodia. Since 1994 the SC has adjudicated questions of law for cases appealed. When a party does not satisfy with the Appellate Court he/she can file the complaint to SC, which tries both question of fact and law. Usually, SC has two chambers, Civil and Social Chamber, is responsible for civil, marriage, family, administrative, labor, and commercial disputes, and Penal Chamber is responsible for criminal matter. In addition, clear clarification states that SC can only apply laws that made by Legislative, have no power to review legislative and Executive both acts and regulation to make it own case law . Secondly, the Appellate Court (AC) hears all cases appealed from the court of first instance; review both questions of law and fact. If a party feel not satisfy with the judge of first instance, he/she may complain this file through the clerk’s office to AC. Trial procedure is similar to the court of first instance. The case is heard by three judges called Trial Council. Additional investigation may be conducted. Lastly, the Court of First Instance which holds the file includes provincial, municipal, which composes in the same the department, in practice as the number if judge is very limited, there is no clear separation between the department, a judge may handle both civil and criminal cases, and military offences any offences affecting the property of the armed forces committed by military personnel .
7. People:
Khmer nationality by marriage, any foreign man or woman who has a Khmer husband or wife by marriage may request Khmer nationality if the woman or man live together for three years after the marriage is registered Article 5 Nationality Law .
Khmer Nationality by Naturalization, a foreigner having a certificate that he/she has a residence and has lived permanently in the Kingdom of Cambodia for seven years from the date a residency letter is issued under the immigration law Article 8(3), Nationality Law .
Those who we describe above have rights to receive equal protection and non-discrimination , freedom of belief, freedom of expression and assembly, freedom of press and publication, constitution protection of woman and children, rights to education under the Constitution, freedom of movement, voting and candidacy, include the rights for taking action for violations .
VII. Conclusion
In conclusion, Cambodia has been such several decades in politic searching. Base on this research we have more understanding about how difficult we were to struggle with all types of problem like lived under French colonial or protection, influenced by Cool War, neighboring invasion, ideology, genocide regime so on and so far. However, the current government seems to have more stability than other governments that we ever had in the past period. We are Cambodian, enjoy this moment that the law and regulation are still loose in the future there are going to have more rules and regulations to regulate human behavior. We are Cambodian strongly belief that our country, our nation, our constitution, our people from now on learn the pass experiences to build up our future together to avoid any form of violence and use our intelligence to substitute the weapon, “We are proud to be Cambodian”.
-Thanks-
