Breathing life into Cambodia’s Constitution: constraints to debate in the National Assembly
Son Chhay
Despite its good provisions, the liberal democratic Constitution bequeathed to Cambodia by the Paris agreements remains largely inoperative five years after its promulgation. With UNTAC’s mandate drawing to a close, intense pressure was placed on Cambodians to form a legitimate government and to adopt a new Constitution within three months of the May 1993 elections. The difficult task of formulating and passing the organic laws required to enable the Constitution was effectively deferred until after UNTAC’s departure.
Still-born Constitution
As the Royal Government’s first parliament drew to a close following the 1998 elections, key laws governing the activities of judges and public prosecutors, as well as the organization of the courts and other legal bodies, had still not been enacted. Moreover, the Constitutional Council, which is charged with interpreting these laws and ensuring their legality, was only formed two months before the July elections. The Council’s legality and legitimacy were questioned from the start because it had not been formed in accordance with constitutional procedures and was seen to be biased in favour of the Cambodian People’s Party.
These problems highlight the fact that political conceptions and practices of an earlier era do not simply come to an end by the mere adoption of new principles, no matter how attractive or appropriate these may seem on paper. Since many of the new laws under discussion in the new National Assembly were politically controversial, the ability to debate, (together with a willingness to search for common ground and to compromise in the interests of progress), was perhaps the most important skill the new deputies would need. No amount of outside technical support would make a difference in passing the new legislation required as long as the political and cultural barriers to debate in Cambodia’s traditionally hierarchical political system were not addressed.
Barriers to debate
Under the communist regime of the 1980s, in particular, debate within the National Assembly was from the top down and the role of parliamentarians was essentially to approve laws formulated by party leaders rather than to discuss them. Today, parliamentarians have the right — in principle — to table propositions for new laws, though in practice the only ones accepted for debate come from the government. Few parliamentarians — be they from the CPP or FUNCINPEC — dared challenge their respective party lines during the 1993-97 period. Moreover, FUNCINPEC’s leadership was reluctant to risk its delicate power-sharing relationship with the CPP by tabling sensitive issues for discussion in the National Assembly.
Behind these political barriers to debate lie more enduring cultural constraints. In the Khmer culture, to simply question someone can often be misinterpreted as criticizing or placing blame on them. Many people are still not comfortable with the idea that political opponents can harangue each other in a parliamentary session, as happens in Western parliamentary systems, without one of them losing face. Women deputies, in particular, are still often expected to conform to rigid Khmer cultural norms requiring them to be soft-spoken and submissive.
Despite growing awareness of the need to exchange ideas in the interests of the broader public good, many parliamentarians lack the skills and confidence to debate. Already overworked, few have the time to learn these skills or to prepare for parliamentary sessions. Although CPP deputies are often better prepared for debate than their counterparts in other parties, their rigid line of argumentation — which is still determined by strict party guidelines — leaves them poorly placed to engage in broader discussions, to respond constructively to opposing viewpoints, or to compromise.
Repudiating past practices
It is worth recalling that the international community became involved in Cambodia in the first place because the Khmer factions would not speak with each other. While foreign technical assistance has played an important role in supporting the National Assembly’s activities, this has rarely been accompanied by enough monitoring or follow-up to ensure concrete results. Nevertheless, if their Constitution is to be enabled, Cambodians must themselves take the lead by making conscious efforts to repudiate past ways of thinking and by creating a climate more conducive to genuine dialogue.
Son Chhay was a Member of Parliament and Secretary of the Parliamentary Committee on Education, Culture, Religious Affairs and Tourism from 1993-98, and was re-elected to the National Assembly in the 1998 elections.