The Cambodian people carried out their democratic and civic duty by voting in the National Assembly election on July 27th 2003. NGOs working in the election and human rights area supported this electoral process through the provision of citizen education and election monitoring. Although concerns about intimidation and irregularities were raised most conclude that the technical implementation of the election was much improved on previous elections.
NGOs now wait, along with the Cambodian people, for those elected on the 27th July 2003 to take up their roles in the new National Assembly and to act upon promises made to the people in the election. They also look forward to the new government and National Assembly working hard to strengthen those institutions which are meant to uphold the rule of law and protect human rights in Cambodia.
NGOs would like to remind politicians of their duty to the Cambodian people to respect the promises they made during the election and sign an accord concerning these crucial points as a condition of setting up the new government.
In particular NGOs would like to identify some key issues which need action in order that Cambodia can tackle endemic problems of poverty and corruption, and create a healthy system promoting democracy and human rights.
The NGO sector recognizes the development and publication of the Legal and Judicial Reform Strategy published by the RGC in 2003. It looks forward to the effective and efficient implementation of reforms within this sector.
A large number of key existing institutions should be subject to fundamental reform including the National Election Commission (NEC), the Supreme Council of the Magistracy (SCM), the Constitutional Council (CC), the Cadastral Commission and the Audit Commission. Their position within the overall system needs to be written into the constitution in order that they are protected and provided with legal force and stability. Fundamentally they need to be independent and non-partisan in nature and membership, which requires the creation of a selection committee to nominate the members of these institutions. They need to act in a competent and credible manner, which requires the strengthening of quality human resources, skilled staff, and sufficient financial resources. These bodies need to be monitored by mechanisms within the National Assembly and Senate in a way similar to the nine commissions of the National Assembly and the Senate.
Commissions should be written into the Constitution and should then be established as soon as possible. These commissions should include at the very least an Anti-Corruption Commission and a National Human Rights Commission, with the same criteria as the other commissions; that is, it should be independent, non-partisan, competent and credible.
The new government will need to address the need for the creation of new laws to ensure that the legal system is able to deal with ongoing critical problems. These new laws need to include, as a matter of priority, a new Penal Code, a Civil Code, and Criminal Procedures Law. Laws also need to be developed to regulate key institutions thus there should be a statute of Magistrates, at the very least ensuring that all judges are non-partisan and a statute of prosecutors; a statute of armed forces and a Statute of Civil Servants.
The Statute on the Armed Forces and the Statute on Civil Servants should be amended to mandate that the armed forces and civil service be depoliticized. The Police Act must also ensure that the police are non-partisan.
Laws also need to be passed to deal with specific critical problems which continue to plague Cambodia including an Anti-Corruption law, an Anti-trafficking Law and a Domestic Violence Law. In order to ensure a more transparent political situation, laws need to be developed on financial management of political parties and on the declaration of assets, which should ensure that all Ministers declare their assets before taking office.
Finally a National Congress Law must be created soon to fulfill the promise laid out in Chapter XII of the Constitution. By enabling “the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve” an effective National Congress will support the strengthening of politics at all level of society and improve public participation within the political life of the country.
Given the experience of the 2003 election it seems appropriate that consideration be given to an amendment to the constitution which would require that only simple majority is required to set up the government. The current political impasse, similar to that experienced in 1998, continues to have a destabilizing effect upon the country. Without a lawful government and new National Assembly in place it is hard to see how the authorities can take any effective action. At the same time, the length of service for the office of Prime Minister should be limited to two terms.
The constitution should also be amended to ensure that if a coalition government is formed, and one political party resigns from the coalition, then the government is dissolved.
Finally, an amendment should be made to article 98 of the Constitution allowing for the dismissal of members of the Royal Government if they do not respond to requests for explanations and clarifications as described in Articles 96 and 97, so that after three times they will automatically be dismissed.
If the code of ethics is to be effective it is necessary for a mechanism to be created in the National Assembly and the Senate whereby members of the government, National Assembly and Senators can be sanctioned if they violate the code of ethics.
The civil society is optimistic that the three parties will accept the following recommendations for the benefits for the whole nation:
· Undertake reform of existing institutions such as the NEC, SCM, CC and Audit commission to ensure their independence, transparency, capacity as well as reinforcing their legal positions in the Constitution and developing effective monitoring systems.
· Establish commissions such as an Anti-corruption Commission and National Human Rights Commission which are independent, non-partisan, competent and credible.
· Develop and support the passage through the National Assembly and Senate of new legislation including a Penal Code, Civil Code, Criminal Procedures Law, Anti-corruption Law, Domestic Violence Law, and Anti-trafficking Law.
· Develop laws to ensure that key institutions such as the judiciary are non-partisan.
· Develop new laws on financial management of political parties and on the declaration of assets which will ensure that all Ministers must declare their assets before taking office
· Amend the Constitution to support and strengthen the process of establishing a democratically elected government, including allowing only a simple majority in a national election to allow a government to be established, and limiting the number of terms a prime minister can serve to two.
· Establish a mechanism in the National Assembly and the Senate which will sanction members of the government, the National Assembly and Senators if they violate the code of ethics.
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For more information on the issues raised in this paper, please contact the Cambodian Human Rights Action Committee (CHRAC) at
1.
Dr. Kek Galabru, Chairperson of CHRAC, President of LICADHO
Tel: 012 802 506, E-mail: licadho@camnet.com.kh
2. Mr. Thun Saray, President of ADHOC Tel: 016 880 509, E-mail: adhoc@forum.org.kh, adhoc@online.com.kh
3. Mr. Sok Sam Oeun, Chairperson of Legislative Sub-Committee of Action Committee, Executive Director of CDP Tel: 012 901 199, E-mail:cdp@cdpcambodia.org
4. Mr. Muong Sophal, Secretary General of CHRAC Tel: 012 934 867, Tel/Fax: 023 99 38 03, E-mail: chrac@forum.org.kh