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Asia and Oceania
Cambodia |
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Last reviewed: 2 May 2008 |
Country information
POLITICS
Political system
Cambodia is a constitutional monarchy. The cabinet is constitutionally responsible to the National Assembly. The Head of State is King Norodom Sihamoni. The King is selected by the Throne Council. The National Assembly (Lower House) is made up of 123-seats and has a term of 5 years. The term of the 61-member Senate (Upper House) runs concurrently with the National Assembly.
Political history
Inaugural local elections were held in February 2002 as part of the Cambodian Government's drive towards decentralisation. The CPP won a landslide victory. The last National Assembly election was held on 27 July 2003 (the next is due to be held on 27 July 2008). The results of the 2003 general election were announced in August of that year. The CPP won 73 seats, FUNCINPEC won 26 seats and the SRP won 24 seats. A national government was formed in mid-July 2004, with the CPP and FUNCINPEC sharing control on a 60/40 basis. The governing administration comprises of 334 senior ministers and 186 cabinet positions.
During the past 5 years Cambodia has enjoyed greater political stability and territorial unity than for decades, with an increased sense of security amongst the general population. The government improved its image by successfully staging a number of high level international meetings. But then suffered a serious blow as a result of anti-Thai riots in January 2003 when the Thai Embassy and much Thai-owned property were destroyed by rioters.
Extraordinary Chambers in the Courts of Cambodia (ECCC)
The ECCC - better known as the Khmer Rouge Tribunal - is a “hybrid” international criminal tribunal established in 2003 to bring to justice those senior individuals most responsible for the deaths of around 1.7 million people during the Khmer Rouge era in Cambodia (1975-1979).
The ECCC is part of the Cambodian court system but, as with other “hybrid” tribunals (such as the Special Court for Sierra Leone), there is a considerable international component. For example, the law combines elements of domestic and international law. The staff comprises both Cambodian and international Judges and personnel. The UN Office of Legal Affairs (OLA) advises the UN Secretary-General on nomination of the international judicial and prosecutorial personnel.
The international elements (and the costs of the defence teams, witness protection etc) are funded through voluntary contributions by States. Japan is the major funder, contributing c. 50% of the international share. Contributors include France, Germany and Australia, among others. The UK has provided £1.5 million. The Government of Cambodia funds the domestic elements of the tribunal (eg Cambodian judges and staff), although development funding of Euro 1 million from the EC has also helped meet these costs.
In 2007 the Cambodian authorities arrested 5 former Khmer Rouge leaders: Kaing Khek Ieu (known as Duch), Nuon Chea (Brother No2), Ieng Sary and his wife, Ieng Thirith and Khieu Samphan (ex-Head of State). Trials are expected to begin in the second half of 2008.
Political developments
Political parties are now required under the constitution to secure only a simple majority (50% + 1) of members of the National Assembly (the Lower House of the legislature) in order to form a government. The threshold for a successful vote of confidence in a new government was previously a two-thirds majority, which resulted in lengthy delays in the formation of governments because of prolonged stalemates between the leading parties.
The National United Front for an Independent, Neutral, Peaceful and Co-operative Cambodia (FUNCINPEC) is currently the minor partner in the coalition government with the CPP. FUNCINPEC won only around 5% of the total vote in the April 2007 Commune Council elections. The Prime Minister, Hun Sen, who is also the CPP’s vice-chairman, has pledged that the CPP will maintain its coalition with FUNCINPEC as long as it won at least one parliamentary seat at the next general election.
Prince Norodom Ranariddh, who was ousted as the leader of FUNCINPEC in October 2006, remains abroad after having been found guilty in March 2007 of "breaching the trust of the party" and sentenced in absentia to 18 months in prison. An appeal against the sentence failed in October 2007 with the Court of Appeals upholding the March 2007 verdict of the Phnom Penh Municipal Court.
The Sam Rainsy Party (SRP) is the leading major opposition party led by Sam Rainsy. It won around 25% of the vote at the 2007 Commune Council election. Other current leading opposition parties are the Norodom Ranariddh Party led by Prince Ranariddh and the more recently established Human Rights Party led by Khem Sokha.
HUMAN RIGHTS
The human rights situation in Cambodia has progressed in some areas over the past decade especially with regard to freedom of association, press freedoms, education, health, medical treatment for HIV/AIDS, gender equity and deepening political participation with the elections of commune councils and village chiefs. However, fundamental freedoms of expression and assembly have shown indications of deterioration since 2004. Civil and political rights protection is also limited by failure to carry out or conclude proper investigations into the list of rights violation cases that has been building since 1993.
The government's capability, accountability and responsiveness for its human rights obligations could be stronger in many areas. The push for an NGO law is anticipated negatively by some civil groups as there are concerns such a law could be used to curb NGO activities, push civil society into greater self-censorship, and be used to shut down organisations that are critical of government policy. Social unrest in sporadic uncoordinated forms in the next 5 to 10 years is a strong possibility if current patterns of land alienation and conflict continue, unemployment levels remain high, and rural poverty among the very poor deepens.
Overall, Cambodia’s judicial system is weak by international standards. Public confidence in the court system and the police needs to improve. There is little separation of powers with the legislature and judiciary weak relative to the executive. Faster reform of the judiciary and strengthening of the rule of law are essential for a better human rights record, and to reduce corruption.
Donors increasingly recognise the interdependence between human rights protection and fulfilment and progress towards poverty reduction objectives. The international community will continue to press the Government of Cambodia to meet its human rights obligations, to produce regular reports on human rights conventions it has ratified, and to continue to further integrate a rights-based approach into development assistance.
There is concern that current patterns of private direct investment in economic land concessions combined with the expected oil and gas revenues will result in reduced government accountability to its citizens and perhaps less state commitment to reforms of the judiciary, public administration and public financial management reform. It will be important for future oil and gas revenues as well as all traditional and emerging donor investments to be fully integrated into the national budget and Priority Investment Plan, to ensure that there is a comprehensive and transparent budget process.