Thursday, September 24, 2009

The 1993 Cambodian Constitution: glass half-empty or glass half-full?

Prince Norodom Sihanouk (left) and Prime Minister Hun Sen celebrate the former monarch’s return to Cambodia in 1991. The Constitution adopted in September 1993 restored Sihanouk as the King of Cambodia, reigning over a constitutional monarchy. Photo Supplied
Thursday, 24 September 2009
By Sebastian Strangio and Sam Rith
The Phnom Penh Post

On the 16th anniversary of its adoption, observers reopen a debate on the founding document’s legacy
AS the Kingdom marks the 16th birthday of its Constitution, adopted with much fanfare on this day in 1993, observers remain divided on the elusive document, opening a debate on whether it stands as a symbol of Cambodia’s emergence from years of war and conflict or a sign of squandered opportunities.
Cambodia’s founding fathers – a motley mix of lapsed Marxists, royalists, nationalist resistance fighters and foreign consultants – spent more than a year drafting a new Constitution together from the Kingdom’s 1947 Constitution and human rights stipulations contained in the October 1991 Paris Peace Agreements.
The Constitution that came into force on September 24, 1993, was a watershed in Cambodian history, containing a separation of powers (Article 51), adherence to international human rights treaties (Article 31) and a series of provisions respecting basic civil rights (Articles 32 to 50).

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