The politics of Cambodia are defined within the framework of a constitutional monarchy, in which the king serves as the head of state, and the prime minister is the head of government. The collapse of communism set in motion events that led to the withdrawal of the Vietnamese armed forces, which had established their presence in the country since the fall of the Khmer Rouge.[1] The 1993 constitution, which is currently in force, was promulgated as a result of the 1991 Paris Peace Agreements, followed by elections organized under the aegis of the United Nations Transitional Authority in Cambodia. The constitution declares Cambodia to be an "independent, sovereign, peaceful, permanently neutral and non-aligned country."[2] The constitution also proclaims a liberal, multiparty democracy in which powers are devolved to the executive, the judiciary and the legislature. However, there is no effective opposition to the Prime Minister Hun Sen, who has been in power from 1984 up to 2023. His Cambodian People's Party won all 125 seats in the National Assembly in 2018 after the banning of opposition party CNRP and KNLF. KNLF became a main opposition exiled in Denmark after CNRP was dissolved. During the communal election in 2022 and the national election in 2023, there were no international observers. The government is considered to be autocratic.[3]
Executive power is exercised by the Royal Government, on behalf of and with the consent of the monarch. The government is constituted of the Council of Ministers, headed by the prime minister. The prime minister is aided in his functions by members of the Council such as deputy prime ministers, senior ministers and other ministers. Legislative power is vested in a bicameral legislature composed of the National Assembly, which has the power to vote on draft law, and the Senate, that has the power of review. Upon passage of legislation through the two chambers, the draft law is presented to the monarch for signing and promulgation. The judiciary is tasked with the protection of rights and liberties of the citizens, and with being an impartial arbiter of disputes. The Supreme Court is the highest court of the country and takes appeals from lower courts on questions of law. A separate body called the Constitutional Council was established to provide interpretations of the constitution and the laws, and also to resolve disputes related to election of members of the legislature.[4]
The Cambodian People's Party has dominated the political landscape since the 1997 coup d'état in Phnom Penh. Other prominent political parties include the royalist FUNCINPEC and the erstwhile Cambodia National Rescue Party that was dissolved by the Supreme Court in 2017. Comparative political scientists Steven Levitsky and Lucan Way have described Cambodia as a "competitive authoritarian regime", a hybrid regime type with important characteristics of both democracy and authoritarianism.[5]
In July 2023 election, the ruling Cambodian People’s Party (CPP) easily won by landslide in flawed election, after disqualification of Cambodia’s most important opposition, Candlelight Party.[6] On 22 August 2023, Hun Manet, son of Hun Sen, was sworn in as the new Cambodian prime minister.[7]
Legal framework
Cambodia is a constitutional monarchy with a unitary structure[8] and a parliamentary form of government.[9] The constitution, which prescribes the governing framework, was promulgated in September 1993 by the Constituent Assembly that resulted from the 1993 general election conducted under the auspices of the United Nations Transitional Authority in Cambodia (UNTAC). The assembly adopted the basic principles and measures mandated under the Paris Peace Agreements into the text of the constitution. Assimilated into the governing charter, these provisions place the constitution as the supreme law of the land; declare Cambodia's status as a sovereign, independent and neutral state; enshrine a liberal, multi-party democracy with fair and periodic elections; guarantee respect for human rights; and provide for an independent judiciary.[10]
The brutality of the Democratic Kampuchea regime had especially necessitated the inclusion of provisions concerning human rights[11] in order to prevent a return to the policies and practices of the past.[12] These criteria had been drawn from the Namibian constitution drafting process that took place in 1982.[11] German constitutional law scholar, Jörg Menzel, characterized these benchmarks as the "necessary nucleus of a modern constitutional state."[13] The constitution further sanctifies the status of international law in the issue of human rights by binding Cambodia to "respect" the provisions of human rights treaties adopted by the UN.[14] The 1993 constitution has been amended eight times since its passage – in 1994, 1999, 2001, 2005, 2006, 2008, 2014[15] and 2018.[16]
Separation of powers
The powers are devolved to three branches of the state: the legislature, the executive and the judiciary, in recognition of the doctrine of separation of powers. Political sovereignty rests with the Cambodian people, who exercise their power through the three arms of the state. The Royal Government, which wields executive power, is directly responsible to the National Assembly. The judiciary, which is an independent power, is tasked with the protection of citizens' rights and liberties.[17] Buddhism is proclaimed as the state religion.[18]
The constitution contains a commitment to the "market economy system", which along with accompanying provisions effects a fundamental change in the role of the state from the past.[23] Security of private property and the right to sell and exchange freely, necessary conditions for the functioning of the market economy,[24] are provided for. The state's powers of expropriation are limited to the extent they serve public interest, to be exercised only when "fair and just" compensation is made in advance.[25] Operating under the slogan Le Cambodge s'aide lui-même or "Cambodia will help itself", one of the earliest undertakings of the Royal Government was to implement programs to ensure the economic rehabilitation of Cambodia and its integration in the regional and global economies. On 10 March 1994, the Royal Government declared an "irreversible and irrevocable" move away from a centrally-planned economy towards a market-oriented economy.[23]
Cambodia is a constitutional monarchy. The king is officially the head of state and is the symbol of unity and "perpetuity" of the nation, as defined by Cambodia's constitution.[26]
From September 24, 1993, through October 7, 2004, Norodom Sihanouk reigned as king, after having previously served in a number of offices (including king) since 1941. Under the constitution, the king has no political power, but as Norodom Sihanouk was revered in the country, his word often carried much influence in the government. The king, often irritated over the conflicts in his government, several times threatened to abdicate unless the political factions in the government got along. This put pressure on the government to solve their differences. This influence of the king was often used to help mediate differences in government.
After the abdication of King Norodom Sihanouk in 2004, he was succeeded by his son Norodom Sihamoni. While the retired king was highly revered in his country for dedicating his lifetime to Cambodia, the current king has spent most of his life abroad in France. Thus, it remains to be seen whether the new king's views will be as highly respected as his father's.
Although in the Khmer language there are many words meaning "king", the word officially used in Khmer (as found in the 1993 Cambodian constitution) is preăhmôhaksăt (Khmer regular script: ព្រះមហាក្សត្រ), which literally means: preăh- ("excellent", cognate of the Pali word vara[27]) -môha- (from Sanskrit, meaning "great", cognate with "maha-" in maharaja) -ksăt ("warrior, ruler", cognate of the Sanskrit word kṣatrá[28]).
On the occasion of King Norodom Sihanouk's retirement in September 2004, the Cambodian National Assembly coined a new word for the retired king: preăhmôhavireăkksăt (Khmer regular script: ព្រះមហាវីរក្សត្រ), where vireăk comes from Sanskrit vīra, meaning "brave or eminent man, hero, chief", cognate of Latinvir, viris, Englishvirile. Preăhmôhavireăkksăt is translated in English as "King-Father" (French: Roi-Père), although the word "father" does not appear in the Khmer noun.
As preăhmôhavireăkksăt, Norodom Sihanouk retained many of the prerogatives he formerly held as preăhmôhaksăt and was a highly respected and listened-to figure. Thus, in effect, Cambodia could be described as a country with two Kings during Sihanouk's lifetime: the one who was the head of state, the preăhmôhaksăt Norodom Sihamoni, and the one who was not the head of state, the preăhmôhavireăkksăt Norodom Sihanouk.[citation needed]
Sihanouk died of a pulmonary infarction on October 15, 2012.
Succession to the throne
Unlike most monarchies, Cambodia's monarchy is not necessarily hereditary and the king is not allowed to select his own heir. Instead, a new king is chosen by a Royal Council of the Throne, consisting of the president of the National Assembly, the prime minister, the president of the Senate, the first and second vice presidents of the Senate, the chiefs of the orders of Mohanikay and Thammayut, and the first and second vice-president of the assembly. The Royal Council meets within a week of the king's death or abdication and selects a new king from a pool of candidates with royal blood.
It has been suggested that Cambodia's ability to peacefully appoint a new king shows that Cambodia's government has stabilized incredibly from the situation the country was in during the 1970s (see History of Cambodia).
The prime minister of Cambodia is a representative from the ruling party of the National Assembly. The prime minister is appointed by the king on the recommendation of the president and vice presidents of the National Assembly. The prime minister must receive be given a vote of confidence by the National Assembly.
The prime minister is officially the head of government in Cambodia. The prime minister appoints a Council of Ministers. Officially, the prime minister's duties include chairing meetings of the Council of Ministers (Cambodia's version of a cabinet) and appointing and leading a government. The prime minister and the government make up Cambodia's executive branch of government.
Result 1998 election, one year after the CPP staged a bloody coup in Phnom Penh[29][30] to overthrow elected Prime Minister Prince Norodom Ranariddh, president of the FUNCINPEC party.
The Senate (ព្រឹទ្ធសភាPrœ̆tthsâphéa) has 61 members. Two of these members are appointed by the king, two are elected by the lower house of the government, and the remaining fifty-seven are elected popularly by "functional constituencies". Members in this house serve a six-year term.
The official duty of the Parliament is to legislate and make laws. Bills passed by the Parliament are given to the king who gives the proposed bills royal assent. The king does not have veto power over bills passed by the National Assembly and thus, cannot withhold royal assent. The National Assembly also has the power to dismiss the prime minister and his government by a two-thirds vote of no confidence.
The upper house of the Cambodian legislature is called the Senate. It consists of sixty-one members. Two of these members are appointed by the king, two are elected by the lower house of the government, and the remaining fifty-seven are elected popularly by electors from provincial and local governments, in a similar fashion to the Senate of France. Members in this house serve six-year terms.
Prior to 2006, elections had last been held for the Senate in 1999. New elections were supposed to have occurred in 2004, but these elections were initially postponed. On January 22, 2006, 11,352 possible voters went to the poll and chose their candidates. This election was criticized by local monitoring non-governmental organizations as being undemocratic.[31]
As of 2006[update], the Cambodian People's Party holds forty-three seats in the Senate, constituting a significant majority. The two other major parties holding seats in the Senate are the Funcinpec party (holding twelve seats) and the Sam Rainsy Party (holding two seats).
The lower house of the legislature is called the National Assembly. It is made up of 125 members, elected by popular vote to serve a five-year term. Elections were last held for the National Assembly in July 2013.
To vote in legislative elections, one must be at least eighteen years of age. However, to be elected to the legislature, one must be at least twenty-five years of age.
The National Assembly is led by a president and two vice presidents who are selected by the assembly members prior to each session.
The judicial branch is independent from the rest of the government, as specified by the Cambodian Constitution. The highest court of judicial branch is the Supreme Council of the Magistracy. Other, lower courts also exist. Until 1997, Cambodia did not have a judicial branch of government despite the nation's Constitution requiring one. In 2003, Judge Kim Sathavy was in charge of establishing the first Royal School for Judges and Prosecutors to train a new generation of magistrates and legal clerks for Cambodia.[32]
The main duties of the judiciary are to prosecute criminals, settle lawsuits, and, most importantly, protect the freedoms and rights of Cambodian citizens. However, in reality, the judicial branch in Cambodia is highly corrupt and often serves as a tool of the executive branch to silence civil society and its leaders.[33] There are currently 17 justices on the Supreme Council.
Below the central government are 24 provincial and municipal administration.[36] (In rural areas, first-level administrative divisions are called provinces; in urban areas, they are called municipalities.) The administrations are a part of the Ministry of the Interior and their members are appointed by the central government.[36] Provincial and municipal administrations participate in the creation of nation budget; they also issue land titles and license businesses.[36]
Since 2002, commune-level governments (commune councils) have been composed of members directly elected by commune residents every five years.[37]
In practice, the allocation of responsibilities between various levels of government is uncertain.[36] This uncertainty has created additional opportunities for corruption and increased costs for investors.[36]
↑ Hor Peng. The Constitution of the Kingdom of Cambodia: The Evolution of Constitutional Theories and Interpretation. Hor Peng et al. Cambodian Constitutional Law. p. 47
↑ Hor Peng. The Constitution of the Kingdom of Cambodia: The Evolution of Constitutional Theories and Interpretation. Hor Peng et al. Cambodian Constitutional Law. p. 45
↑ Kong Phallack. Freedom of Religion in Cambodia. Hor Peng et al. Cambodian Constitutional Law. p. 393
↑ Menzel, Jörg. Cambodia from Civil War to a Constitution to Constitutionalism? Hor Peng et al. Cambodian Constitutional Law p. 31
↑ Kong Phallack. Overview of the Cambodian Legal and Judicial System and Recent Efforts at Legal and Judicial Reform. Hor Peng et al. Introduction to Cambodian Law. pp. 7-8
↑ Hor Peng. The Constitution of the Kingdom of Cambodia: The Evolution of Constitutional Theories and Interpretation. Hor Peng et al. Cambodian Constitutional Law. pp. 44-45
1 2 St John, Ronald Bruce (1995). "The Political Economy of the Royal Government of Cambodia". Contemporary Southeast Asia. 17 (3): 266–269. ISSN0129-797X. JSTOR25798289.
Norodom Sihanouk was a Cambodian statesman, Sangkum and FUNCINPEC politician, film director, and composer who led Cambodia in various capacities throughout his long career, most often as both King and Prime Minister of Cambodia. In Cambodia, he is known as Samdech Euv. During his lifetime, Cambodia was under various regimes, from French colonial rule, a Japanese puppet state (1945), an independent kingdom (1953–1970), a military republic (1970–1975), the Khmer Rouge regime (1975–1979), a Vietnamese-backed communist regime (1979–1989), a transitional communist regime (1989–1993) to eventually another kingdom.
Cambodia, officially the Kingdom of Cambodia, is a country in Mainland Southeast Asia, spanning an area of 181,035 square kilometres, bordered by Thailand to the northwest, Laos to the north, Vietnam to the east, and the Gulf of Thailand to the southwest. The capital and most populous city is Phnom Penh.
After the fall of the Pol Pot regime of Democratic Kampuchea, Cambodia was under Vietnamese occupation and a pro-Hanoi government, the People's Republic of Kampuchea, was established. A civil war raged during the 1980s opposing the government's Kampuchean People's Revolutionary Armed Forces against the Coalition Government of Democratic Kampuchea, a government in exile composed of three Cambodian political factions: Prince Norodom Sihanouk's FUNCINPEC party, the Party of Democratic Kampuchea and the Khmer People's National Liberation Front (KPNLF).
The National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia, commonly referred to as FUNCINPEC, is a royalist political party in Cambodia. Founded in 1981 by Norodom Sihanouk, it began as a resistance movement against the People's Republic of Kampuchea (PRK) government. In 1982, it formed a resistance pact with the Coalition Government of Democratic Kampuchea (CGDK), together with the Khmer People's National Liberation Front (KPNLF) and the Khmer Rouge. It became a political party in 1992.
Norodom Ranariddh was a Cambodian prince, politician and law academic. He was the second son of King Norodom Sihanouk of Cambodia and a half-brother of King Norodom Sihamoni. Ranariddh was the president of FUNCINPEC, a Cambodian royalist party. He was also the first Prime Minister of Cambodia following the restoration of the monarchy, serving between 1993 and 1997, and subsequently as the President of the National Assembly between 1998 and 2006.
Norodom Sihamoni is King of Cambodia. He became King on 14 October 2004, a week after the abdication of his father, Norodom Sihanouk.
Chea Sim was a Cambodian politician. He was President of the Cambodian People's Party from 1991 to 2015, President of the National Assembly of Cambodia from 1981 to 1998 and President of the Senate from 1999 to 2015. His official title was Samdech Akka Moha Thomma Pothisal Chea Sim.
The monarchy of Cambodia refers to the constitutional monarchy of the Kingdom of Cambodia. The King of Cambodia is the head of state and head of the ruling Royal House of Norodom. In the contemporary period, the king's power has been limited to that of a symbolic figurehead. The monarchy had been in existence since at least 68 AD except during its abolition from 1970 to 1993. Since 1993, the king of Cambodia has been an elected monarch, making Cambodia one of the few elective monarchies of the world. The king is elected for life by the Royal Council of the Throne, which consists of several senior political and religious figures. Candidates are chosen from among male descendants of King Ang Duong who are at least 30 years old, from the two royal houses of Cambodia.
Norodom Chakrapong is a Cambodian politician, businessman and former major-general of the Royal Cambodian Armed Forces. He is the fourth son of Norodom Sihanouk of Cambodia and also a half-brother of the current king, Norodom Sihamoni. Chakrapong started his career as a military pilot in 1963. After Sihanouk was overthrown in 1970, Chakrapong spent time under house arrest, then in Beijing as the Head of Protocol of then-Prince Sihanouk, afterwards living overseas before he joined the Funcinpec in 1981 and fought against Vietnamese occupation as a commander of the Armée Nationale Sihanoukiste. In 1991, Chakrapong left Funcinpec to join the Cambodian People's Party (CPP) and served as the Deputy Prime Minister of Cambodia between 1992 and 1993. When the CPP lost the 1993 general elections, Chakrapong led a secession attempt in 1993. In 1994, he was accused of joining a failed coup attempt which led him to be sent into exile. After Chakrapong was pardoned in 1998, he founded a private airline company, Royal Phnom Penh Airways. The airlines later stopped all operations in early 2006.
Sam Rainsy is a Cambodian activist, economist and politician who most recently served as the Leader of the Opposition. He is now the interim leader of the Cambodia National Rescue Party due to the continued ban on political activity by the party's leader, Kem Sokha.
Sar Kheng is a Cambodian politician. He is the vice president of the ruling Cambodian People's Party and served as Minister of the Interior and deputy prime minister from 1992 to 2023. He also represents the province of Battambang in the Cambodian Parliament. Kheng has been the Minister of the Interior since 1992. Until March 2006, he shared the position with FUNCINPEC party member You Hockry as co-Ministers of the Interior, but then became sole interior minister in a cabinet reshuffle as FUNCINPEC ended its coalition with the CPP.
The prime minister of Cambodia is the head of government of Cambodia. The prime minister is also the chairman of the Cabinet and leads the executive branch of the Royal Government of Cambodia. The prime minister is a member of parliament, and is appointed by the monarch for a term of five years. Since 1945, 37 individuals have served as prime minister; 33 as official prime ministers, and 4 in acting capacities. The current prime minister since 2023 is Hun Manet.
Cambodia does not recognize same-sex marriage or civil unions, but does recognize a registry program known as the "declaration of family relationship", offering limited legal rights to same-sex couples. As of June 2021, the registry has been introduced in 68 communes. Same-sex marriage has received support from King Norodom Sihamoni and his late father, King Norodom Sihanouk.
Chau Sen Cocsal, also known as Chhum, was a Cambodian civil servant and politician who served as Prime Minister of Cambodia in 1962 and President of the National Assembly twice, in 1962–1963 and 1966–1968. He lived for 103 years, 143 days, making him the longest-lived state leader in the world with the known date of birth and death until 12 August 2023. Chhum was awarded the honorary title "Samdech" in 1993 by King Norodom Sihanouk.
On 15 October 2012, former Cambodian King and Prime Minister Norodom Sihanouk died at the age of 89, in Beijing, China, after suffering health issues. His death was announced by Deputy Prime Minister Nhek Bun Chhay. His body was brought back on 17 October 2012 by King Norodom Sihamoni and Prime Minister Hun Sen. State flags flew at half mast, and the government announced a 7-day mourning period for the former king.
The Royal Council of the Throne is a nine-member council of Cambodia responsible for selecting the Cambodian monarch. It was established by the constitution on 24 September 1993. The Council elects the king for life from among male descendants of King Ang Duong who are at least 30 years old, from the two royal houses of Cambodia. The nine members of the council include the Prime Minister, President of the National Assembly, President of the Senate, First and Second Vice Presidents of the National Assembly, First and Second Vice Presidents of the Senate, and the two heads of the order of Moha Nikay and Thommoyutteka Nikay. The council was active only in September 1993, when it reinstated Norodom Sihanouk on the throne, and October 2004, when it named his son Norodom Sihamoni as the new king. The voting is conducted through a secret ballot of the nine members.
The following lists events that happened during 2013 in Cambodia.
Events in the year 2021 in Cambodia.
References
Hor, Peng; Kong, Phallack; Menzel, Jörg, eds. (21 May 2012). Introduction to Cambodian Law. Konrad Adenauer Stiftung, Cambodia.
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