National Assembly

Annotated Cambodian Constitution – Dissemination Workshops

Destination Justice, in partnership with Transparency International Cambodia, is currently facilitating a series of training workshops for students and legal professionals on the Cambodian constitutional law and the use of the Annotated cambodian Constitution (ACC). Those workshops are designed to present the ACC to the legal community, generate discussion about cambodian constitutional law and share the handbook with the legal community. Beginning with a refresher of the constitutional law and its status as the supreme law protecting Cambodia’s democracy, the training then highlights the purpose of the Annotated Cambodian Constitution. It summarizes current Cambodian constitutional jurisprudence and decisions from the Cambodian Constitutional Council. Additionally, relevant cases from dif...

The Legality of Potential UN Involvement in Elections

The Cambodian national elections took place on July 28, 2013. The process of independently verifying the legitimacy of the results of that election is far from over. Although the Cambodian Government has taken measures to verify the election results, including, verification of ballot papers by the National Election Committee (NEC), referral to the Constitutional Council by the opposition and election monitoring from many non-governmental organizations, the opposition suspects the NEC and the Constitutional Council of bias due to their relationship to the ruling party. According to the opposition, the method of nomination of members of the NEC is one of the most controversial elements involved. The two major political parties in Cambodia have agreed to enter into negotiations to establish a...

Cambodia: Does the boycott of CNRP seats in the Assembly amount to a forfeiture?

The CNRP has threatened to boycott the National Assembly over allegations of irregularities and inaccuracies in the reporting of the election results on 28 July, but Prime Minister Hun Sen has warned the main opposition party that they will forfeit their seats if they carry out such a threat.  But is Hun Sen’s warning constitutionally possible? What are the possibilities if a party refuses to take their seats in Parliament? What would be the impact of the boycott to the functioning of the Assembly? According to Article 76, the National Assembly must consist of at least 120 members, however there is no other provision which stipulates that the National Assembly cannot be held if their members number below 120. This was illustrated in 2008, when the opposition party also boycotted the first ...

Cambodia: the electoral process

Background In 1991, after having suffered of civil war for about two decades, the Cambodian political system marked a new turning point. All belligerents signed the Paris Peace Agreement, whose main purposes were to establish a ceasefire and hold democratic elections. It is no later than September 21, 1993 that a democratic Constitution was adopted. Under article 78 of Cambodian Constitution, the elections are held every five years. The Government is borned by the National assembly and shall be held accountable to this same body. Celebrating its 20 years this year, the 1993 Cambodian Constitution already saw the general elections being held four times, and will insure that the July, 28 2013 general elections will be held democratically. In order to better understand the electoral process i...