A Change of Guard

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Wednesday 19 October 2011

Analysis: Building or Shattering Democracy?

AKP Phnom Penh, October 19, 2011 –Though there is no universally accepted definition of democracy, the origin of this term comes from the Greek language: Demos, meaning “people” and Kratos, referring to “power”. Therefore the founding principle of democracy is that people are vested in power directly or through their elected representatives. They make decision on their behalf.

From there on countries, especially those that just emancipated from colonialism or emerged from oppression, were striving to build and strengthen their societies by establishing strong vivid internal security to a sound and imperishable socio-economic society. Gradually, they moved to establish the rule of law to enforce security and order, teaching their people the principle of democracy, including freedom of expression, human rights and so forth. However, economically speaking those people needed to survive first. If we go to the countryside in Cambodia (which forms more than 80% of the population) and ask them what they needed: democracy, freedom, internet and face book, tweeter, etc… All the answers we may get: “give me hoe, plough, cows, paddy, fertilizer and build us irrigation system, road, bridge,” etc Cambodia has been gone through these path: negotiation and an agreement to end decades of wars, elections, entering the final phase of national unity (in 1998); restoring and promoting peoples’ standard of living in both rural and urban areas. Building schools, clinics, hospitals, infrastructures and other basic necessities, including clean water, food, shelter and clothing have been the concern of the Royal Government.

All of these achievements are in a great measure, thanks to Samdech Techo Hun Sen Prime Minister of the Kingdom, who brilliantly guided the country from the very beginning (after UNTAC left) until today.

The first United Nations sponsored elections in May 1993 marked the foundation for democracy in war torn Cambodia, and 1998 was not only the trademark year for lasting peace –the demolition to ground zero of the Khmer rouge political and military organization, but also the successful test witnessing Cambodia’s strive for self-determination: Cambodian’s running the also general elections by their own to the satisfaction of the international monitoring body who went on to certify that they were generally free, fair and credible! Of course, there were some minor complaints but the overall results were generally accepted.

Incredibly uncontested, the testimony of the successes followed by a couple more of elections, in 2003 and 2008, made apparent that political games at the ballot box were being played: In a democratic pluralism, competition through ballots is a real political game of democratic pluralism.

The Constitution established in 1993 by lawmakers composed of legal experts from different winning political parties was apparently partial flawed in a way which led to suspicions (and mistrust). Article 90, para. 7 stipulated that “The National Assembly shall pass a vote of confidence in the Royal Government by a 2/3 majority of all members. It obviously emphasized the will and the need for all winning parties to run the country together. Nevertheless, this has been strengthened and steps adopted to ensure that the more the political game of democratic pluralism evolved, the more the inclination for existing parties to conclude that the government should be formed only by an absolute majority votes of members of the National Assembly. Accordingly, this amendment to Article 90, point 7 has been made in 2006.

While in fact there is no perfect model of democracy anywhere in the world but democracy generally practiced by countries elsewhere, accepted that a government could be formed by an absolute majority of votes.

Considering that the legal and judicial system was completely destroyed by the genocidal regime of Pol Pot, the new Cambodia since 1993 has undergone substantial transformation. The National Assembly has passed hundreds of laws, from civil and penal laws to financial, banking and trade laws to accommodate the Cambodia’s accession to WTO.

Recently, as enshrined in the Cambodian Constitution, the Royal Government has developed the NGOs and Association draft law which were objected to by some foreign NGOs and local associations. Yet, the Royal Government has characteristically been open to compromise through constructive discussion and consultations while ensuring that if this law is passed, it shall be generally accepted as stipulated in the non-profit laws covering the ‘community based organization’ in many western countries.

So far, for the freedom of expression we have witnessed, such as the impression of Mr. Ross Dungley, the Publisher of an English newspaper in Cambodia, the Phnom Penh Post, which for long has never articulated any positive consciousness on media responsibility, said “What people don’t acknowledge enough is that Cambodia has the freest media market in Asia… This is unique and wonderful, and it makes Cambodia the most exciting place for adventure in this region”.

Should a cynical person so desire would want to return back to tribalism society? Then, let us together join hands to build up a pluralistic democracy but let us not destroy this foundation.

By Sam Sotha
[The comments in this article are solely those of the own opinion of the author]
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About the Author: Mr. Sam Sotha is a former Ambassador for Mine Action, Explosive Remnants of War (ERW), Cluster Munitions and Disarmament. He is currently served as Advisor to the Prime Minister and Secretary of State of the Office of the Council of Ministers. He is also the author of the book entitled “IN THE SHADE of A Quiet killing Place”, his Personal Memoir. About the book, go to: Web site: http://www.heavenlakepress.com.

1 comment:

Anonymous said...

we got demo crazy.. we have the leadership of my way or the highway behavior.