Voice Your Opinion About Cambodia: The Constitution of The Kingdom II of Cambodia - What’s in it? 
The Constitution of The Kingdom II of Cambodia - What’s in it?
February 23, 2005
The Constitution of The Kingdom II of Cambodia
(Kingly named Kambuja)
What’s in it?
By Prak Hap-FLUS
After a long absence of peace and societal harmony, at the world arm length supervision Cambodia produced this historical binding called the Constitution of the Kingdom of Cambodia.Let ‘s look at the original 1993 edition Constitution of the second coming Kingdom as Sihanouk coined it. The document was not for sale and unavailable to public knowledge. From a reader view, it needs a face lift in order to safeguard the unwanted result in the future. At first glance this supreme law is dubiously named Ratha Dhamma Nunha not Raja Dhamma Nunha. The name was in foreign language and it should be commonly in Khmer lay term. Its intention is for the royalty sake . The content of the document consisted of 14 Chapters with 139 Articles excluding Annexes signed by only Mr.Son Sann out of 26 authors on September 21,1993. Indeed my friends and esteemed scholars of Khmer origin,obviously this law was not originated from talent of stone carving people blood lines as the Preamble implied . It was totally shocking to see such ineptitude and lack of credibility in part by the Council.
If we look at its technicality reflected literacy inconsistency, and inadequacy which left open for malicious challenges as far as scrutiny and law interpretation. This English translated version lacks of coherence and punctuality. Seemingly, the authors did not take pride in the work. The articulation in English literary sense is rather elementary. The significance of linguistic inconsistency in glossary used i.e khmer, cambodia, state, kingdom, raja, ratha, parliament vs assembly, member vs deputies, religion vs state religion (Buddhism). The translation was shifting one word to another in reference to people of Cambodia and its monarchy. Former King had been heavy handed in picking his successor who is not at all fit Khmer genetic authenticity.The Present King Norodom Sihamoni is a pedigree of Italiano-Viet mixture and Siam. Such selection and self-serving activity was clearly forbidden in the Supreme Law Article 10 “ The King shall not have the power to appoint a heir to the throne.” At the masterful of manipulation the former King got his wish. To ensure the continuation of its extensive family rule, the authors subjugated Chapter III of 19 articles or 13.66% of the law body on Rights of Khmer Citizens (not Kambu-jan).
Chapter II is most prominant among all. Alone it has 24 articles or 17.26% of its entirety to cover the King. Then Chapter VII is the next higher with 23 articles or 16.54% to cover Assembly in other word people. It appears Chapter II’ is the principal focus of this law which is most benefitiary for the supreme family whether legitemate or illegitemate descendants of the Siam vassalage royalties Chao Phryah Nay Duong, Chao Phryah Nay Norodom or Sisowath. This brand of royalty of former King Sihanouk bears question of authenticity as some said he‘s kin to King Bhumipol Adulyadet of Thailand originated from people from China. In late 60’s I witnessed one of former King cousins a movie actress with incredible exhibitionist tantrum who had come to one of the temples nearby my village.Her traditional silky dress slipped off, she did not even care but kept walking and yelling at her servants to redress her in public. She treated female servants like nothing. All she ever spoke in public was Siamese? Was it supposed to be the palace special dialect then. People started to rumor all over the place what was she?Are these people whom the Constitution deemed to honor?
The essence of juris prudence and supremacy over any existed laws on land appear questionable. The way it read as it was written in a small corporation by laws fashion. Thus it raised visibility of non-clarity in argument and insufficient fundamental foundation. The law should bear intellectual wit and vision. However, based on the English literary version it appears fostering ground for arguments.It also appears to conveniently suit the demand of individual endeavours such as article 99 “the Council of Ministers shall be led by ONE Prime Minister but the learning curve in 1997, this law needed to re-enforce its validity by reconsidering changes in article 100 to make prime ministership as a popular vote in spite of majority winning political party in order to assure full participation from individual of qualification whether within the common party but the nomination made by the Assemly majority. The only individual at the political party leadership is unnecessary for the nomination process.
The problem is in article 138 the King appointed First and Second Prime Minister as head of the royal Government.This was unheard of in the world that a small country ran by two Prime Ministers at the same time. Modern countries do not amend law at the impulses of individuals. This law presented itself as non of people business but those in power circle.With such notion people seem carelessly unnotice of its merit. The July 1997 event was the calculated errors done by the leadership. Cambodia can’t embarrasse itself no more and the world generosity is being curt.
First, this document should be made available to people of learning and public. Best to make it accessible via public education as part of social-government study topic in middle schools where adlocescence begin acquiring more complex and critical learning skills. Teachers and educators should be entrusted to refresh students mind.I remebered in my young adulthood I had no idea what was Constitution all about beside hearing former King Sihanouk shouted in the national radio in his denouncement of Khmer rebellion or Khmer Republc. No clue what was he talking about. Never seen the damn book until March 18,1970 when some of my brave professors started debating what were the flaws of previous regime.Rural people probably can’’t even say its title correctly not to ask of its content.This is a major flaw in public education. It should not be treated as a satanic scripts to scare people off from learning it.
Second, as a small example when I was barely 7 years of age I could recite the entire reception of blessing after monks ate.That was not my mother language. It was afar land language and I had no clue what was it then. I learned by hearing it routinely. Our society possessed great learning mind as you can witness at the Buddhist temples. People do not rely on book in religious recitals like in the West.
Third, since the Constitution declared its sole allegiance to Buddhism then let’s make good use of monks to serve people rightfully and correctly from the scripts of law. Imagine hundred thousand of individual monks spent more time in idle and ado much nothing? Imagine how much responsibility people bear to keep these monks in good care and shelters? Ask what they have done for the country in monkhood? Monk shoud be required some learning and exams to be a monk not just anybody. Let’s make it as their societal obligation. Without bias in this matter the government should extent its consideration to other religions as well. Not imposing but requesting assistance in teaching people their utmost important awareness of such law.
Fourth, the flaws and negligences are pre-permeatably encouraging inadvertent conspiracy of state intimidation and unscrupulous manipulation. That’s the root of much parliamentary (assembly) weakness and deficiency such February 3, 2005 event, which was condemned by many and the world democracy. It certainly bolded the appearance of coercive directives and financial backlashes that impeded members from exercising fully conscientious determination. From a quick perusal,there were many flaws in literary,technicality, and common sense interpretation such as following:
Article 41: Khmer citizens shall have freedom of expression ,press,publication and assembly.The regime of media shall determine by the law that should defines media shall have the same rights as citizen in expression within the frame work of Constitution.Is this true?
Article 43: Buddhism shall be the state religion that should omit and alternatively as (religion shall be governed by the fundamental rights and belief of people choice).
Article 51:The Kingdom of Cambodia adopts a policy of liberal Democracy and pluralism.That’s was merely words in decorum not real action. Cambodia soon become one party country like China or North Korea or Cuba or best yet Viet Nam.
The Cambodian (Khmer) people are the masters of their own country” that is profanely perjorative statement.
Article 52: The Royal Governement of Cambodia shall protect (with people mandate to carry out duly responsibility to protect) the independence,sovereignty,territorial integrity of the Kingdom.. That is rubbish.Don’t believe me just look to the east and gulf og Siam or call Mr.Yim Guech Se for opinion.
The State (Government)should word “ must uphold priority to assure its citizens interests and benefits of standard socio-welfare and economic advantage. When?How? What a joke?
Article 76: The assembly consists of at least 120 members?? What ‘s that? This is not a contractual binding. Should it be more? It is a supreme law for people sake . Try a better choice of word and succinctly definitive . Try this “The Parliament is constitutionally required and made up of popularly elected people representatives of 120 individuals who met the constitutional requirements in order to perform duly national interest and business under oath of office.”
Depuites may be re-elected-what ‘s that? It needs to clarify eligibility of re-electable candidate.
Article 77: Deputies in assembly shall represent the (general) interestof the entire (public or citizens) Khmer people (too uncertain of role) not only Khmers (voters) from their (respective home based/ electorate jurisdiction) constituencies.
Article 79: Conflict of interest for MP position.Presently many holds more than one and belong to special interest group (need
definitive clause)
Article 80: Immunity is major violation in term the manner of vote and number (coersion). This is where hell breaks lose.
“No assembly member (inconsistentcy from deputies ) shall be placed under prosecution ,detention or (omit or with ;) arrest because of opinions expressed *needed a better words) during the exercise (sounded like they did Tai Chi) of duty the missing piece is legally protected under the law in the framework of Constitution without exhausting amenity and guarantying of proper legal due process in the court of law until further proof of guilt.... there are plenty more of flaws. This article is poorly written and no clause of protection and accountability.
Article 89: Too weak of command in words.....Need enforcement in the best interest of people or voters High official is acountable to people=Parliament scrutiny
Article 90: The assembly shall approve: Administrative Accounts (what accounts-big wigs’ or why?) and
The assembly shall approve the law (what law? Be specific) on amnesty (What?Why?Whom?) .No clarity.
Thugs plundering Kingdom treasury and pardoned the muderers (Ieng Sary,and alike).That ‘s not how law was written or ratified.The mechanism is so problematic and incoherent. Based on the skimpy clauses, three MPs were out for good. It sounds much like DK Constitution April 1976?
Article 91: It is too much of power to Prime Minister to run Parliament unless Prime Minister is popular elected like England.Need to change or get rid of it.Ridiculously Parliament can vote to increase their own salary if Country treasury in surplus whenever they wanted to. That ‘s what it meant?
Article 99: Is too clumsy and minister has too much leniency. Prime Minister is at the whims of ministers. May be that’s why they are so incorrigible and corruptive.
Article 132: is not good for the country. Amendment should be ratified and place for general public referendum. People do not know Constitution. It shoul limit Executive branch in this. This is dangerous especially for Cambodia. See what happened now?
Article 138: Rescind it definitely and do away with it altogether. King should have a final say or put it to referendum vote.
After titoeing on some of the sacred scripts in the booklet,it raised doubts and unsubtle feelings if you were not at the helm or a clique member. Legislative and Executive Branches were supposed to be in check and balance process in view of governmental affairs. I sincerely doubted neither authors such as Sam Rainsy,Son Soubert,Son Sann themself had read it throughly before its release or print. It leaves so many legal bias and open ends. It does not take a Lawyer or Doctorate Degree in English to find flaws in this Constitution.
There comes to conlude how this Supreme law protects people?It can’t even protect itself from so many abuses. We can’t blame people for distrusting the Government according to how everything was so heavenly irresponsible and condemnable. Other hand the Constitution is supposed to be a cornerstone of individual liberty and embedded rock solid public democracy at its vigorous defense. People are endowed with fundamental equality and entitlement according to its framework. Contrary, all these years the Second Kingdom Constitution could not substantially earned such appearance, how supreme could that be in the reader opinion?The livelihood of Cambodia and its innocent people fell victims of the constitutional crisis many times over within less than 12 years of its interim promulgation.Now, it is time to overhaul and permanently correct all flaws before it is too late. Presently if Cambodia can’t fully tame the caged tiger with the help from the sympathetic world, how it is going to control the beast when it violently broke out the aging cage? It is a scary thought.
Footnotes:
Blue:Suggestion
Red: relevancy to verse in law book
I. Sovereignity has 6 articles,
II. The King has 24 articles,
III. The Rights and Obligations of Khmers (not Cambodians) citizens has 20 articles,
IV. On Policy has 5 articles,
V. Economy has 9 articles,
VI. Education,Culture,Social Affairs has 11 articles,
VII. The Assembly has 23 articles,
VIII. The Royal Government has 10 articles,
IX. The Judiciary has 8 articles,
X. The Constitutional Council has 9 articles,
XI. The Administration has 2 articles,
XII. The National Congress has 3 articles,
XIII. Effects,Revison and Amendment of the Constitution has 4 articles,
XIV. Transitional Provisions has 5 articles,
The Constitution of The Kingdom II of Cambodia
(Kingly named Kambuja)
What’s in it?
By Prak Hap-FLUS
After a long absence of peace and societal harmony, at the world arm length supervision Cambodia produced this historical binding called the Constitution of the Kingdom of Cambodia.Let ‘s look at the original 1993 edition Constitution of the second coming Kingdom as Sihanouk coined it. The document was not for sale and unavailable to public knowledge. From a reader view, it needs a face lift in order to safeguard the unwanted result in the future. At first glance this supreme law is dubiously named Ratha Dhamma Nunha not Raja Dhamma Nunha. The name was in foreign language and it should be commonly in Khmer lay term. Its intention is for the royalty sake . The content of the document consisted of 14 Chapters with 139 Articles excluding Annexes signed by only Mr.Son Sann out of 26 authors on September 21,1993. Indeed my friends and esteemed scholars of Khmer origin,obviously this law was not originated from talent of stone carving people blood lines as the Preamble implied . It was totally shocking to see such ineptitude and lack of credibility in part by the Council.
If we look at its technicality reflected literacy inconsistency, and inadequacy which left open for malicious challenges as far as scrutiny and law interpretation. This English translated version lacks of coherence and punctuality. Seemingly, the authors did not take pride in the work. The articulation in English literary sense is rather elementary. The significance of linguistic inconsistency in glossary used i.e khmer, cambodia, state, kingdom, raja, ratha, parliament vs assembly, member vs deputies, religion vs state religion (Buddhism). The translation was shifting one word to another in reference to people of Cambodia and its monarchy. Former King had been heavy handed in picking his successor who is not at all fit Khmer genetic authenticity.The Present King Norodom Sihamoni is a pedigree of Italiano-Viet mixture and Siam. Such selection and self-serving activity was clearly forbidden in the Supreme Law Article 10 “ The King shall not have the power to appoint a heir to the throne.” At the masterful of manipulation the former King got his wish. To ensure the continuation of its extensive family rule, the authors subjugated Chapter III of 19 articles or 13.66% of the law body on Rights of Khmer Citizens (not Kambu-jan).
Chapter II is most prominant among all. Alone it has 24 articles or 17.26% of its entirety to cover the King. Then Chapter VII is the next higher with 23 articles or 16.54% to cover Assembly in other word people. It appears Chapter II’ is the principal focus of this law which is most benefitiary for the supreme family whether legitemate or illegitemate descendants of the Siam vassalage royalties Chao Phryah Nay Duong, Chao Phryah Nay Norodom or Sisowath. This brand of royalty of former King Sihanouk bears question of authenticity as some said he‘s kin to King Bhumipol Adulyadet of Thailand originated from people from China. In late 60’s I witnessed one of former King cousins a movie actress with incredible exhibitionist tantrum who had come to one of the temples nearby my village.Her traditional silky dress slipped off, she did not even care but kept walking and yelling at her servants to redress her in public. She treated female servants like nothing. All she ever spoke in public was Siamese? Was it supposed to be the palace special dialect then. People started to rumor all over the place what was she?Are these people whom the Constitution deemed to honor?
The essence of juris prudence and supremacy over any existed laws on land appear questionable. The way it read as it was written in a small corporation by laws fashion. Thus it raised visibility of non-clarity in argument and insufficient fundamental foundation. The law should bear intellectual wit and vision. However, based on the English literary version it appears fostering ground for arguments.It also appears to conveniently suit the demand of individual endeavours such as article 99 “the Council of Ministers shall be led by ONE Prime Minister but the learning curve in 1997, this law needed to re-enforce its validity by reconsidering changes in article 100 to make prime ministership as a popular vote in spite of majority winning political party in order to assure full participation from individual of qualification whether within the common party but the nomination made by the Assemly majority. The only individual at the political party leadership is unnecessary for the nomination process.
The problem is in article 138 the King appointed First and Second Prime Minister as head of the royal Government.This was unheard of in the world that a small country ran by two Prime Ministers at the same time. Modern countries do not amend law at the impulses of individuals. This law presented itself as non of people business but those in power circle.With such notion people seem carelessly unnotice of its merit. The July 1997 event was the calculated errors done by the leadership. Cambodia can’t embarrasse itself no more and the world generosity is being curt.
First, this document should be made available to people of learning and public. Best to make it accessible via public education as part of social-government study topic in middle schools where adlocescence begin acquiring more complex and critical learning skills. Teachers and educators should be entrusted to refresh students mind.I remebered in my young adulthood I had no idea what was Constitution all about beside hearing former King Sihanouk shouted in the national radio in his denouncement of Khmer rebellion or Khmer Republc. No clue what was he talking about. Never seen the damn book until March 18,1970 when some of my brave professors started debating what were the flaws of previous regime.Rural people probably can’’t even say its title correctly not to ask of its content.This is a major flaw in public education. It should not be treated as a satanic scripts to scare people off from learning it.
Second, as a small example when I was barely 7 years of age I could recite the entire reception of blessing after monks ate.That was not my mother language. It was afar land language and I had no clue what was it then. I learned by hearing it routinely. Our society possessed great learning mind as you can witness at the Buddhist temples. People do not rely on book in religious recitals like in the West.
Third, since the Constitution declared its sole allegiance to Buddhism then let’s make good use of monks to serve people rightfully and correctly from the scripts of law. Imagine hundred thousand of individual monks spent more time in idle and ado much nothing? Imagine how much responsibility people bear to keep these monks in good care and shelters? Ask what they have done for the country in monkhood? Monk shoud be required some learning and exams to be a monk not just anybody. Let’s make it as their societal obligation. Without bias in this matter the government should extent its consideration to other religions as well. Not imposing but requesting assistance in teaching people their utmost important awareness of such law.
Fourth, the flaws and negligences are pre-permeatably encouraging inadvertent conspiracy of state intimidation and unscrupulous manipulation. That’s the root of much parliamentary (assembly) weakness and deficiency such February 3, 2005 event, which was condemned by many and the world democracy. It certainly bolded the appearance of coercive directives and financial backlashes that impeded members from exercising fully conscientious determination. From a quick perusal,there were many flaws in literary,technicality, and common sense interpretation such as following:
Article 41: Khmer citizens shall have freedom of expression ,press,publication and assembly.The regime of media shall determine by the law that should defines media shall have the same rights as citizen in expression within the frame work of Constitution.Is this true?
Article 43: Buddhism shall be the state religion that should omit and alternatively as (religion shall be governed by the fundamental rights and belief of people choice).
Article 51:The Kingdom of Cambodia adopts a policy of liberal Democracy and pluralism.That’s was merely words in decorum not real action. Cambodia soon become one party country like China or North Korea or Cuba or best yet Viet Nam.
The Cambodian (Khmer) people are the masters of their own country” that is profanely perjorative statement.
Article 52: The Royal Governement of Cambodia shall protect (with people mandate to carry out duly responsibility to protect) the independence,sovereignty,territorial integrity of the Kingdom.. That is rubbish.Don’t believe me just look to the east and gulf og Siam or call Mr.Yim Guech Se for opinion.
The State (Government)should word “ must uphold priority to assure its citizens interests and benefits of standard socio-welfare and economic advantage. When?How? What a joke?
Article 76: The assembly consists of at least 120 members?? What ‘s that? This is not a contractual binding. Should it be more? It is a supreme law for people sake . Try a better choice of word and succinctly definitive . Try this “The Parliament is constitutionally required and made up of popularly elected people representatives of 120 individuals who met the constitutional requirements in order to perform duly national interest and business under oath of office.”
Depuites may be re-elected-what ‘s that? It needs to clarify eligibility of re-electable candidate.
Article 77: Deputies in assembly shall represent the (general) interestof the entire (public or citizens) Khmer people (too uncertain of role) not only Khmers (voters) from their (respective home based/ electorate jurisdiction) constituencies.
Article 79: Conflict of interest for MP position.Presently many holds more than one and belong to special interest group (need
definitive clause)
Article 80: Immunity is major violation in term the manner of vote and number (coersion). This is where hell breaks lose.
“No assembly member (inconsistentcy from deputies ) shall be placed under prosecution ,detention or (omit or with ;) arrest because of opinions expressed *needed a better words) during the exercise (sounded like they did Tai Chi) of duty the missing piece is legally protected under the law in the framework of Constitution without exhausting amenity and guarantying of proper legal due process in the court of law until further proof of guilt.... there are plenty more of flaws. This article is poorly written and no clause of protection and accountability.
Article 89: Too weak of command in words.....Need enforcement in the best interest of people or voters High official is acountable to people=Parliament scrutiny
Article 90: The assembly shall approve: Administrative Accounts (what accounts-big wigs’ or why?) and
The assembly shall approve the law (what law? Be specific) on amnesty (What?Why?Whom?) .No clarity.
Thugs plundering Kingdom treasury and pardoned the muderers (Ieng Sary,and alike).That ‘s not how law was written or ratified.The mechanism is so problematic and incoherent. Based on the skimpy clauses, three MPs were out for good. It sounds much like DK Constitution April 1976?
Article 91: It is too much of power to Prime Minister to run Parliament unless Prime Minister is popular elected like England.Need to change or get rid of it.Ridiculously Parliament can vote to increase their own salary if Country treasury in surplus whenever they wanted to. That ‘s what it meant?
Article 99: Is too clumsy and minister has too much leniency. Prime Minister is at the whims of ministers. May be that’s why they are so incorrigible and corruptive.
Article 132: is not good for the country. Amendment should be ratified and place for general public referendum. People do not know Constitution. It shoul limit Executive branch in this. This is dangerous especially for Cambodia. See what happened now?
Article 138: Rescind it definitely and do away with it altogether. King should have a final say or put it to referendum vote.
After titoeing on some of the sacred scripts in the booklet,it raised doubts and unsubtle feelings if you were not at the helm or a clique member. Legislative and Executive Branches were supposed to be in check and balance process in view of governmental affairs. I sincerely doubted neither authors such as Sam Rainsy,Son Soubert,Son Sann themself had read it throughly before its release or print. It leaves so many legal bias and open ends. It does not take a Lawyer or Doctorate Degree in English to find flaws in this Constitution.
There comes to conlude how this Supreme law protects people?It can’t even protect itself from so many abuses. We can’t blame people for distrusting the Government according to how everything was so heavenly irresponsible and condemnable. Other hand the Constitution is supposed to be a cornerstone of individual liberty and embedded rock solid public democracy at its vigorous defense. People are endowed with fundamental equality and entitlement according to its framework. Contrary, all these years the Second Kingdom Constitution could not substantially earned such appearance, how supreme could that be in the reader opinion?The livelihood of Cambodia and its innocent people fell victims of the constitutional crisis many times over within less than 12 years of its interim promulgation.Now, it is time to overhaul and permanently correct all flaws before it is too late. Presently if Cambodia can’t fully tame the caged tiger with the help from the sympathetic world, how it is going to control the beast when it violently broke out the aging cage? It is a scary thought.
Footnotes:
Blue:Suggestion
Red: relevancy to verse in law book
I. Sovereignity has 6 articles,
II. The King has 24 articles,
III. The Rights and Obligations of Khmers (not Cambodians) citizens has 20 articles,
IV. On Policy has 5 articles,
V. Economy has 9 articles,
VI. Education,Culture,Social Affairs has 11 articles,
VII. The Assembly has 23 articles,
VIII. The Royal Government has 10 articles,
IX. The Judiciary has 8 articles,
X. The Constitutional Council has 9 articles,
XI. The Administration has 2 articles,
XII. The National Congress has 3 articles,
XIII. Effects,Revison and Amendment of the Constitution has 4 articles,
XIV. Transitional Provisions has 5 articles,
SUBMITTED BY: By Prak Hap-FLUS Thursday, 24 Feb 2005
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