Wednesday, April 20, 2011

Cambodia still remains an authoritarian state ... The constitution is only a decorative façade.


Cambodia’s legal system

Excerpt from "The state of human rights in eleven Asian nations - 2010" by AHRC

Cambodia still remains an authoritarian state despite of it having a constitution based on liberal democracy and holding periodic elections. Liberal democracy was never a reality due to the nature of the Cambodian judicial system. The Cambodian “judicial system”, which was created with the advise of Vietnamese experts during 1980-90 period remain intact, despite numerous trainings of judges on liberal democratic principles. The over 84 The state of human rights in eleven Asian nations - 2010 all system does not allow practice of such principles, the judiciary is expected to be under the complete control of the executive.

The actual model of administration of the country is not based on the constitution introduced in 1993, but it based on a model of administration created during the earlier administration 1980-1993, in which the executive had the complete control over the system. The executive exercised his control through the party. The system of administration controlled by the executive and assisted by the ruling party is what still exists today, as the real political stem of Cambodia. The constitution is only a decorative façade.


The thought control of the “judicial system” is essential to the very survival of the actual political system in operation. All political activity is controlled through “the judicial system.” All opposition party members who deviate from the unwritten rules of the system are punished through the court system. The development of opposition parties is thus controlled by the sanctions that are being imposed through the courts.

Therefore possibility of a fair trial does not exist within the system. Outcomes of trials are predetermined. Any judge that may try to deviate from this limitation on the power of courts will suffer the consequences. The “Judiciary” quite well understands this situation and therefore deviations have been few and far between them. Besides, deviators have paid for their transgressions.

Limitations imposed on the Supreme Council of Magistracy and Constitutional Council are not accidents but are of a political nature. These institutions are expected to be of subservient nature of the executive. The reforms of such institutions are not possible as long as the existing model of political administration remains in operation.

Most Western “reformers” have refused to acknowledge the actual nature of the political administration and often try to make the constitution work. Naturally, nothing comes out of such efforts except frustration.

Enactment of new laws do not make much of a difference to this system neither. Law is not an important ingredient of administration. The administration has its own operational rules. Misuse of the New Criminal Code for the purpose of imprisonment of the opponents of the government is warning for wanted attempts to reforms of the system by such means.

What is required for any reform is the understanding of the actual system, as it exists today and the weakness of that system. An international debate on the system based on an actual understanding of it, is more likely to produce results facing real challenges to the rule of law and democracy, than ad hoc activities introducing new laws and different kind of training.

The Cambodian people, who suffer under the system of tyranny, do understand its nature and the limitations. One can hope that they will become capable of articulating their tribulations and finding ways to overcome them.

9 comments:

Anonymous said...

Most Cambodian that involve in politic as politicians in Cambodia because they are try to get better position in government and plus better chance of corruption to gain millions of US dollars. That is the only one purpose of most politicians in Cambodia.

They don't care about The Cambodian people, The Khmer Nation as much as they care about their luxurious cars, big modern villas, millions $US deposited in the banks, Sex with teenagers.

If they just put their mind to build Cambodia. The Cambodia will be like Singapore right now or even better Country and Nation.

Innocent Cambodian people die to serve politic but the politicians are the only group get happiness at the end. Is it true through Cambodia history?

Examples:

Prince Norodom Ranariddh and Funcinpec Party, from 1979 to 1993, how many Khmer lives were dying or lost their limbs because of they believe in Dr. Prince Norodom Ranariddh and his Funcinpec Party. They were carry guns, bombs to fight with Vietnam. They don’t even have salary or proper foods. They were fighting because they believe they would have better chance to have better future as they promised them during they were using them as tool to gain power in serve their politic goal.

As they won the election 1993, Funcinpec Party and the party leaders slowly forget them and their suffering in severing Ranariddh and Funcinpec politics goal and purposes. They (disable veterans of war) lived like animals bag people for money on the street but the majority of top Funcinpec Party are living in Luxury lifestyle practice their European lifestyle and their Royal lifestyle. The disable veterans that were serve them before can’t even meet them ask for their charity because they simply have forgotten and order their bodyguard push them away like animals.

1997 Thousand of Khmer lives again were dying for serving Ranariddh and Funcinpec Party leaders but they have been simply forgotten by Dr. Ranariddh and Funcinpec Party again and again. They were dying for the sake of serving politic lead by the politicians as mention above.

So the question is “Are you Khmer people willing to die for they can be rich and famous and you be forgotten?”

Anonymous said...

Ministry of Justice should be renamed to "Ministry of Injustice".

Anonymous said...

Here is the mentality of Cambodian government!
Indeed they knew what is wright and what is wrong. But because of their background as a robber and a crook, they pretend to have confused with the constitution.
Here one of the example.
There were two good friends. One is khmer and one is vietnamese. The vietnamese was crook and wanted to abduct his khmer friend'wife. One day, the vietnamese has invited his khmer friend to visit his house. He has shown to his khmer friend his loyalty and his friendship by giving his khmer friend his best hospitality.
After visiting his vietnamese friend house, the khmer wanted to returned his hospitality to his vietnamese friend. He invited his vietnamese to visit his house. He has prepared all his best meals and his best wines for his friend.
After the dinner, each people has gone to sleep. The vietnamese has gone to his khmer friend'bedroom and has tried to rape his khmer friend'wife. When he faced with his khmer friend there, he told his khmer friend that he was daylight dreaming. While he was talking to his khmer friend, his hands were moving toward the wife of the khmer.
That is how Cambodian government is acting everyday in violating their own laws and to their own citizen by using many excuses. excuse and excuse!!!

Areak Prey

Anonymous said...

Ah Choy Maraiy 'Prom Manh' suppose to be a good role model to people, not acting like gangster in the public...used gun/pistol to threaten people! All comedians and movie stars suppose to be a good role model to youngerster, not acting like Mobsters...!!

Anonymous said...

I urged those people who sponsorship comedian/movie stars oversea have a strong words with these fucken people....especially like Ah Choy Mariay Prom Manh!!

Anonymous said...

គ្មានទេយុត្តិធម៌នៅស្រុកខ្មែរ មានតែចុងកាំភ្លើង។

Anonymous said...

This son of bitch Prom Manh is a permanent of the United States, which means he hold either conditional or permanent resident card, and therefore you may report to the USCIS (formerly known as INS).

Anonymous said...

10:41 PM

You're absolutely right, brother.

Rest assured, one day--yes, one day, just shall prevail.

Anonymous said...

CPP Yuon Officials and Hun Sen (Hanoi's puppet) will be destroyed soon. No date and time have not been set up yet, but very soon.

Many Yuon/Vietgook folks, CPP Yuon supporters and evil Yuon friends and family members of the bad ass Hun Sen will be gone to Vietcong Hanoi. Those stupid and evil folks as mentions above always feel good to say such things to make Cambodian/Khmer people feel discouraged, but they are playing with the feelings of Khmer/Cambodian people. Please don't listen to them. They are the ones will face the real problems and collapse one of these days. For examples, those evil Youn folks and CPP Yuon/Hun Sen supporters say somethings in the following as politics and games:

1. Keep dreaming and will not happen.
2. Khmer are stupid and always keep fighting each others. They pretend to be Khmer and then say such things to make Khmer/Cambodian people look bad.
3. Khmer/Cambodian slaves bow to Vietnam
4. Cambodia will be part of Vietnam
5. Khmer people drink Vietnamese people's pee in the Mekong Lakes
6. They laugh at Khmer people
7. Tell other people like Americans, British, French, Mexicans, etc that they are Khmer and then they cause Khmer to hate Khmer, make Khmer people look very bad.
8. They try to scare Khmer people and kill Khmer/Cambodia people
9. and more
10.....Please list as much as they can

So, Khmer people don't be fooled or scare. We can fight back hard to scare the heck of Yuon people, CPP folks. You can have anything to protect yourself. We can beat Yuon CPP bodyguards if they beat Khmer people. Khmer people all together in the millions of us including myself are brave and dying to fight and destroy Yuon folks and CPP, Hun Sen. If they use weapons to destroy Khmer, Khmer will use the same weapons and long with the outsiders who are in favor of Khmer/Cambodian people. Vietcong/Yuon folks, CPP Yuon bastards and Hun Sen will not have friends from outsides or powerful countries in the world, USA, Canada, S. Korea, France, UK, India, Malaysia, Indonesia, S. Africa, Egypt, Qatar, Japan, Slovakia, Spain, Brazil, Argentina, Australia, New Zealand, Norway, Swedish, Poland, Turkey, and more. If Vietnamese Communist bastards dare to destroy or kill Khmer people in order to help protect their puppet Hun Sen and illegal CPP Yuon officials and their hidden Yuon faces to pretend to be Khmer bodyguards, etc. They will get hit and destroyed by Khmer heroes and real Khmer/Cambodian military and soldiers.

Please, Khmer people, don't be fooled and don't be afraid. If you are afraid of Hun Sen and CPP Yuon bastards, that means you are weak and they will trick you Khmer people. Please wake up. I will be there to join forces along with the outsiders from all the world. You have your encouragement and don't give up hope. Remembers, Yuon/Vietcong folks, CPP and Hen Sen tried to scare you, but don't be scare. Just fight back and throw the shoes at them. If they use the weapons, Khmer people will use the weapons and guys, too.

Hun Sen, CPP Yuon bastards, illegal Yuon folks in Cambodia will be scared because of Khmer/Cambodian uprising and they will know that Khmer/Cambodia people are dying to fight and destroy those evil Yuon CPP bastards, Hun Send and kick out illegal Yuon residents living in Cambodian.

Please, all Khmer people be prepared to fight back along with the helps and supports from the outsiders and powerful countries in the world.