Politics of Cambodia

Cambodia is a constitutional monarchy with a unitary structure[5] and a parliamentary form of government.[6] 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.[7] The brutality of the Democratic Kampuchea regime had especially necessitated the inclusion of provisions concerning human rights[8] in order to prevent a return to the policies and practices of the past.[9] These criteria had been drawn from the Namibian constitution drafting process that took place in 1982.[8] German constitutional law scholar, Jörg Menzel, characterized these benchmarks as the "necessary nucleus of a modern constitutional state."[10] 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.[11] The 1993 constitution has been amended nine times since its passage – in 1994, 1999, 2001, 2005, 2006, 2008, 2014[12] and 2018.[13]

King Norodom Sihamoni

Cambodia is a constitutional monarchy, i.e. the King reigns but does not rule, in similar fashion to Queen Elizabeth II of the United Kingdom. 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.[23]

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. While such views are not prevalent in Cambodia, his word was respected by his subjects. 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 preahmâhaksat (Khmer regular script: ព្រះមហាក្សត្រ), which literally means: preah- ("excellent", cognate of the Pali word vara[24]) -mâha- (from Sanskrit, meaning "great", cognate with "maha-" in maharaja) -ksat ("warrior, ruler", cognate of the Sanskrit word kṣatrá[25]).

On the occasion of King Norodom Sihanouk's retirement in September 2004, the Cambodian National Assembly coined a new word for the retired king: preahmâhaviraksat (Khmer regular script: ព្រះមហាវីរក្សត្រ), where vira comes from Sanskrit vīra, meaning "brave or eminent man, hero, chief", cognate of Latin vir, viris, English virile. Preahmâhaviraksat is translated in English as "King-Father" (French: Roi-Père), although the word "father" does not appear in the Khmer noun.

As preahmâhaviraksat, Norodom Sihanouk retained many of the prerogatives he formerly held as preahmâhaksat 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 preahmâhaksat Norodom Sihamoni, and the one who was not the Head of State, the preahmâhaviraksat Norodom Sihanouk.

Sihanouk died of a pulmonary infarction on October 15, 2012.

Hun Sen – Prime Minister

Seal of the Royal Government

The Prime Minister of Cambodia is a representative from the ruling party of the National Assembly. He or she is appointed by the King on the recommendation of the President and Vice Presidents of the National Assembly. In order for a person to become Prime Minister, he or she must first be given a vote of confidence by the National Assembly.

The Prime Minister is officially the Head of Government in Cambodia. Upon entry into office, he or she appoints a Council of Ministers who are responsible to the Prime Minister. 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 his government make up Cambodia's executive branch of government.

The current Prime Minister is Cambodian People's Party (CPP) member Hun Sen. He has held this position since the criticized 1998 election, one year after the CPP staged a bloody coup in Phnom Penh[26][27] to overthrow elected Prime Minister Prince Norodom Ranariddh, president of the FUNCINPEC party.

The legislative branch of the Cambodian government is made up of a bicameral parliament.

• The National Assembly (Radhsaphea) has 125 members, elected for a five-year term by proportional representation.
• The Senate (Protsaphea) 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 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.

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.[29] There are currently 17 justices on the Supreme Council.

ACCT, AsDB, ASEAN, ESCAP, FAO, G-77, IAEA, IBRD, ICAO, ICC, ICRM, IDA, IFAD, IFC, IFRCS, ILO, IMF, IMO, Intelsat (nonsignatory user), International Monetary Fund, Interpol, IOC, ISO (subscriber), ITU, NAM, OPCW, PCA, UN, UNCTAD, UNESCO, UNIDO, UPU, WB, WFTU, WHO, WIPO, WMO, WTO, WToO, WTrO (applicant)

Below the central government are 24 provincial and municipal administration.[30] (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.[30] Provincial and municipal administrations participate in the creation of nation budget; they also issue land titles and license businesses.[30]

Since 2002, commune-level governments (commune councils) have been composed of members directly elected by commune residents every five years.[31]

In practice, the allocation of responsibilities between various levels of government is uncertain.[30] This uncertainty has created additional opportunities for corruption and increased costs for investors.[30]

• Global Integrity Report: Cambodia reports on corruption and anti-corruption in Cambodia