On Constitution Day, Leaders Question Rule of Law

Khmer Times/Chea Takihiro

 

Thursday, 24 September 2015

 

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PHNOM PENH (Khmer Times) – Most Cambodians are unsure of what is actually in the country’s constitution, said Kem Ley, the main speaker at a Constitution Day event organized by the Khmer Youth Association yesterday.

During a speech at the event, he said that if Cambodians did take the time to read the constitution, they would realize that very little of Cambodian society is built around the letter of the law.

Mr. Ley, the founder of the Khmer for Khmer political network, said the country’s constitution had been bastardized by amendments that gave a lion’s share of the power and influence to politicians only looking out for their own interests.

“Oftentimes, they do a coup on the constitution through their amendments. And people know virtually nothing about the meaning of the words in the constitution,” he said.

He cited the amendments made in exchange for allowing opposition leader Sam Rainsy to return to the Kingdom as an example of how easy it was for politicians to use the Constitution as a bargaining chip.

The change from needing a two-thirds majority in the National Assembly to approve a law to 50 percent+1 was another decision that he considered fundamentally at odds with the constitution, and said the change “made the constitution lose the basic principles of democracy.”

National Assembly spokesman Chheang Vun claimed Mr. Ley’s comments did not accurately portray the inner-workings of the National Assembly and said that all amendments were made for the good of the people they represent.

Indigenous Interests

Son Chum Chuon, a program director for the Khmer Kampuchea Krom Human Rights and Development Association, said despite the constitution’s protection of indigenous people, the government rarely made an effort to safeguard indigenous interests.

“Law enforcement for indigenous people is still weak,” he said. “I call on the Ministry of Foreign Affairs to help the Khmer Krom when their human rights are being violated by the Vietnamese.”

The lack of enforcement of the laws on the books was a comment many speakers echoed, and Yem Ponhearith, spokesman for the opposition Cambodia National Rescue Party, said, “Although the constitution is full of good ideas and information, the enforcement of it is not up to standard yet.”

“In article 34, we see that there should be more encouragement of youths and citizens to participate in the democratic process. But in reality, there seems to be a spirit of obstruction, prohibition, and discouragement of certain citizens and young people,” he said.

The workshop ended with a video of a young boy named Hul Samnang, who is living in abject poverty without his parents in Battambang. 

Phuong Athika, founder of the Cambodian Youth Society, read a section of the constitution after the video that highlighted the need to respect and care for mothers and children in need.

“Who can say that America, Australia and France don’t have beggars?” he asked. “They all have the same amount of beggars as we do, but the constitution and state provides them with homes and gives them the freedom to work hard and get out of poverty.”