Opposition Party Parliamentarians and Civil Society Officials Stated that the Government Does Not Implement the Constitution – Friday, 30.10.2009

Posted on 31 October 2009. Filed under: Week 636 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 636

“On the occasion of the 5th Coronation Day of Preah Karuna Samdech Preah Boromneath Norodom Sihamoni, high ranking officials from the opposition parties, who are parliamentarians, and national and international observers, pointed to the Cambodian government’s obligation and need to implement the supreme law of the country by creating and reforming at least two institutions of Cambodia.

“A parliamentarian from the Sam Rainsy Party, Mr. Son Chhay, agrees with the idea of an international observer, Mr. Lao Mong Hay, and of a civil society official of Cambodia as well of a parliamentarian [from the Human Rights Party], Mr. Kem Sokha over the duty that the King at present fulfills, especially the idea that the government must create and progress two supreme institutions led by the King.

From the Constitution of the Kingdom of Cambodia

Article 23:
The King is the Supreme Commander of the Royal Khmer Armed Forces. A Commander-in-Chief of the Royal Khmer Armed Forces shall be appointed to command the Armed Forces.

Article 24:
The King shall serve as Chairman of the Supreme Council of National Defense to be established by law.

“Mr. Son Chhay, a leader of the Sam Rainsy parliamentarians, said, ‘I hope that Cambodia will in the future create a Supreme Council of National Defense which, according to the Constitution, must be under the presidency of the King with the role as Chairman of that Supreme Council of National Defense.’

“Mr. Son Chhay agreed with a statement of a senior researcher of the Asian Human Rights Commission based in Hong Kong, Mr. Lao Mong Hay, in this point.

“Dr. Lao Mong Hay sees an obligation of the government, as stipulated in the Constitution of Cambodia, to create a Supreme Council of National Defense with the King as Chairman. So far, according to a statement of Mr. Lao Mong Hay, the government formed by the Cambodian People’s Party, with Mr. Hun Sen as the Prime Minister, has not discussed the creation of a Supreme Council of National Defense under the oversight by the King.

“Everything in the defense sector is seen being organized and decided directly by Prime Minister Hun Sen. This leads to criticism that the defense system of Cambodia is not conform with the Constitution of the country, which states the need to establish a Supreme Council of National Defense led by the King.

“The founder of the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) – a large human rights organization in Cambodia, Ms. Pong Chhiv Kek [also known as Dr. Kek Galabru], said that in the five years since the coronation of Preah Karuna Preah Bath Norodom Sihamoni, it is seen by the public that in general, he cares for humanitarian affairs for his citizens. She expressed her concern related to a point of the Constitution which says that the King takes the thrown, but does not take the power.

From the Constitution of the Kingdom of Cambodia

Article 7:
The King of Cambodia shall reign but shall not govern.
The King shall be the Head of State for life. The King shall be inviolable.

Article 8:
The King of Cambodia shall be a symbol of unity and eternity of the nation.
The King shall be guarantor of the national independence, sovereignty, and territorial integrity of the Kingdom of Cambodia, the protector of rights and freedom for all citizens and the guarantor of international treaties.

“Ms. Pong Chhiv Kek said, ‘I regret that the Constitution states that the King reigns, but is not involved in political affairs, so that he could fulfill many other duties according to the constitution.’

“The Constitution of Cambodia stipulates that the King of Cambodia shall reign but shall not govern, though, according to another article, it makes the King responsible for the territorial integrity of Cambodia, for the protection of the rights and the freedom for all citizens, and for an independent court system, though he does not have the power to decide anything, and can only be burdened by the mistakes decided upon by the government.

“A parliamentarian and president of the Human Rights Party, Mr. Kem Sokha, noted also the point in the Constitution which states that the King must not be involved in politics, and that the King does not have power, as at present, the power is controlled by the government. According to his opinion, the King should be given the possibility to ensure the respect for human rights and the independence of the court system, as well as the right to pardon journalists and human rights activists who are jailed by government authorities. He stressed that at present, unless there is request from the government, the King does not decide to an amnesty, but Mr. Kem Sokha thinks that the government should not prevent the King from granting an amnesty.

From the Constitution of the Kingdom of Cambodia

Article 27:
The King shall have the right to grant partial or complete amnesty.

“Senior politicians from the opposition parties and from civil society organization official expressed their ideas under the impression that the King seems to be restricted in fulfilling his duties which are stated as his rights, as stated in the Constitution, to help his people.

“Besides expressing good wishes to the King at the 5th Coronation Day after he succeeded his father, some scholars want to see the country’s Constitution implemented properly by the government, like by organizing the National Congress, which, as stated by the supreme law of Cambodia, is to be held annually under the chairmanship of the King. It is an event to remember the National Congress held by the current King’s father, Samdech Preah Norodom Sihanouk, to provide an opportunity for the citizens to express their concerns, hopes, and wishes, as well as to question the prime minister about how the country is ruled, while now, the Cambodian People’s Party government, especially Prime Minister Hun Sen, said that it is not possible to hold such a congress.

From the Constitution of the Kingdom of Cambodia

Article :
Article 147:
The National Congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve.
Khmer citizens of both sexes shall have the right to participate in the National Congress.
Article 148:
The National Congress shall meet once a year in early December at the convocation of the Prime Minister.
It shall proceed under the chairmanship of the King.
Article 149:
The National Congress adopts recommendations to the Senate and the National Assembly, and to the Executive branch for reflection.
The organization and operation of the National Congress should be determined by law.

“But according to the Sam Rainsy Party and the Human Right Party, and to national and international observers, the government could do what is stated in the Constitution, if the government had a real intention to do it.” Khmer Machas Srok, Vol.3, #520, 30.10.2009

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Newspapers Appearing on the Newsstand:
Friday, 30 October 2009

Deum Ampil, Vol.3, #323, 29.10.2009

  • About 20% of Cambodian Citizens Live under the Threat of Food Insecurity [because of the rising prices of food, the economic crisis, and natural disaster which bring more burden; according to an under-secretary of state of the Ministry of Agriculture, Forestry, and Fisheries]
  • The Number of People Who Died from A/H1N1 Infection Increased to 4, and there Are 239 Infected People
  • This Year, 391 Boats and 25,501 Boat Racers Will Join for the Competitions [at the Water Festival]

Kampuchea Thmey, Vol.8, #2085, 29.10.2009

  • [The Thai ousted prime minister] Mr. Thaksin Shinawatra Plans to Come to Cambodia Soon to Thank Samdech Dekchor Hun Sen [but a date has not yet been specified; according to the Bangkok Post]

Khmer Amatak, Vol.3, #668, 29.10.2009

  • [The Sam Rainsy Party parliamentarian] Mu Sochua Continues to Seek Justice [over a defamation sentence] at the Supreme Court, before Paying a Fine [Riel 16.5 million, approx. US$4,100] to [Prime Minister] Hun Sen

Khmer Machas Srok, Vol.3, #520, 30.10.2009

  • Opposition Party Parliamentarians and Civil Society Officials Stated that the Government Does Not Implement the Constitution

Koh Santepheap, Vol.42, #6792, 30.10.2009

  • Reaction from the Cambodian Embassy: The Nation Makes Nonsense and Makes Itself Disreputable [a response to an editorial of the Thai newspaper, The Nation, published on 25 October 2009, claiming that some words in that editorial insulted Prime Minister Hun Sen, by saying, ‘You can take a man out of the forest, but you cannot take the forest from that man…’]
  • A Man Who Threatened Mr. Soy Sopheap [a CTN television presenter and the director of Deum Ampil] via Phone Was Detained [Phnom Penh]

Phnom Penh Post [Khmer Edition], Vol.1, #36-37, 29-30.10.2009

  • Orphanages Care for More Than 10,000 Children [at present there are 221 orphanages, 21 of them belong to the state]
  • The Government Will Provide Social Concession Land [more than 20,000 hectares] to Veterans and Families of Dead Militants
  • Among 100 Real Estate Companies, Only 38 Have Licenses [the unlicensed companies will be charged Riel 5 million, approx. US$1,250]

Rasmei Kampuchea, Vol.17, #5033-5034, 29-30.10.2009

  • The Appeals Court Decided to Uphold the Conviction of the [Sam Rainsy Party parliamentarian] Ms. Mu Sochua for Defamation against the Prime Minister [though her defamation suit against the Prime Minister had not been dealt with by the court
  • Samdech Dekchor Hun Sen Asked the United Nations to Assist in Overcoming the Impacts of the Typhoon Ketsana
  • A French Delegation Will Visit Cambodia at the End of This Month [to strengthen the Cambodian-French friendship]

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Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend us also to your colleagues and friends.

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