The politics of Cambodia takes the form of a constitutional monarchy, whereby the King serves as the head of state and the Prime Minister serves as the head of government. Under Cambodia’s constitution, the government functions as a parliamentary democracy with three branches of government: executive, legislative, and judicial.
Cambodia held its fifth National Assembly election on July 28, 2013, however, after the election, the opposition party, Cambodia National Rescue Party (CNRP) boycotted the Parliament. The budget law 2014 was passed entirely by the ruling Cambodian People’s Party (CPP). After more than ten months of political deadlock, the members of parliament of CNRP finally agreed to take their seats in the National Assembly.
Content
System of government
Electoral systems
Political parties
Provincial and local governments
Budget Law
International relations
References
System of government
The King
The King does not have substantive political power; he reigns but does not govern.1 The King is selected by the Crown Council, a 9-member group including the Prime Minister, presidents and first and second vice-presidents of the National Assembly and the Senate, as well as the two Buddhist religious leaders, to serve for life as the Head of State while the elected Prime Minister heads up the government. The current King of Cambodia is Norodom Sihamoni, who was crowned in 2004 after the abdication of his father Norodom Sihanouk.
Executive branch
The Council of Ministers, also known as the Cabinet of Cambodia, is the head of the executive branch of government and is in charge of executing national policies. The Council of Ministers is led by the Prime Minister, who is chosen through a vote of confidence by the National Assembly from among the newly elected members of the winning party. Council members are nominated by the Prime Minister and formally appointed by the King. To be eligible for nomination, they must be members of the National Assembly or members of the parties represented at the National Assembly. The Council of Ministers has twenty-eight ministries and one secretariat.2 The Council of Ministers is, by constitution, accountable to the National Assembly. Hun Sen is the current Prime Minister, having held the position since 1985.3
Legislative branch
The legislature is responsible for making and passing laws. Laws passed by the legislature are given to the King to approve. The legislature is composed of a Parliament with two houses: the Senate and the National Assembly.
The Senate has 61 members who serve six-year terms. Two members are appointed by the King, two members are elected by the National Assembly through a simple majority vote, and the remaining 57 members are elected by commune councilors and members of the National Assembly every six years. The National Assembly currently has 123 members who serve five-year terms. The National Assembly must have at least 120 members. However the exact number of Assembly seats varies based on changes to the population. The National Assembly is led by a President and two Vice Presidents selected by the National Assembly, through an absolute majority vote, prior to each legislative session. Each legislative session must last at least three months. Members of the National Assembly are elected through a closed-list proportional representative system, in which voters vote for political parties as a whole, rather than specific candidates. Parties then name candidates to the seats they have won.
In the 2013 national elections, two political parties obtained seats in the National Assembly: the Cambodian People’s Party (CPP) with 68 seats and the Cambodian National Rescue Party (CNRP) 55. The CNRP, however, rejected the results, citing massive election irregularities.4 Despite continued election protests and parliament boycotts by the CNRP, elected National Assembly members from the CPP sworn in and formed the government in September 2013.5 Since then, the one-party body has approved a draft national budget for 2014,6 the creation of new ministries,7 and a number of new laws.
Judicial branch
Cambodia’s judiciary comprises Municipal/Provincial Courts, a Military Court, an Appellate Court and a Supreme Court. These courts are under the supervision of the Supreme Council of Magistracy (SCM), a body which is responsible for appointing and disciplining judges and prosecutors and ensuring the proper functioning of the judiciary. The King chairs the SCM and also approves recommendations submitted by this body on the appointment, suspension and removal of judges.
By constitution, the judiciary must be independent from both the executive and legislative branches. Many critics, however, have charged that the judicial institution is under the control of the ruling party.8
Electoral system
There are four types of elections in Cambodia: elections to the National Assembly, elections to the Senate, provincial/district council elections and Commune/Sangkat elections. National Assembly elections take place every five year, under a closed-list proportional representative system. Cambodian citizens who are 18 or older are eligible to vote in this election. Senate elections, meanwhile, are indirect as only a small number of elected officials, including commune/sangkat councilors and National Assembly members, is allowed cast the ballot on behalf of the whole population. At the sub-national level, the elections of the provincial, district and commune councils happen every five year. Commune council elections are universal, while provincial and district council elections are indirect, with only the elected commune councilors are eligible to vote in these elections.
The National Election Committee
The National Election Committee (NEC) is the body responsible for administering all elections in Cambodia. Some of the NEC’s roles include voter and political party registration, voter education, media monitoring, and electoral complaint and appeal adjudication. The NEC consists of nine members who are appointed by the Royal Decree at the request of the Council of Ministers and after approval by the National Assembly. The NEC also has Provincial/Municipal Election Commissions (PECs), Commune/Sangkat Election Commissions (CECs), and Polling Station Commissions (PSCs) to support its work throughout the country. The NEC is considered an arm of the Ministry of Interior; its budget is funded by the Ministry of Economy and Finance. Since 1998, all elections were supervised by the National Election Committee.9
The NEC has been a subject of constant criticism from the opposition party, election-watchdog groups,10 and some international organizations, including most recently the EU Parliament11 and the UN Office of the High Commissioner for Human Rights.12 Some of the criticisms are that the body lacks independence, is biased in favor of the ruling party, and have systematically organized flawed elections that favored the ruling party. As a result of the July 22 agreement between the CNRP and CPP, current NEC will be restructured by having four of its members chosen by each party and a key ninth member jointly selected.13 As until now, the agreement over who should be the new members of NEC has yet been accepted by both parties. The new draft law of NEC has reached its 90 percent completion up to October 21, 2014.14
Recent elections in Cambodia
Since the signing of the Paris Peace Accords, Cambodia has held a total of 11 elections. The 1993 Constituent Assembly election organized under the auspices of the United Nations Transitional Authority in Cambodia (UNTAC) marked the beginning of these crucial political processes. The most recent National Assembly election took place on July 28, 2013. In addition to the National Assembly elections, Cambodia has also held two Senate elections. The first occurred in 2006 and the last in 2012. At the sub-national level, the country has organized three commune council elections: in 2002, 2007 and 2012 respectively. The election of Provincial and District councils, meanwhile, happened in 2009.
Because the government is formed through the National Assembly, the elections of this lower house are naturally considered the most significant of all. Past National Assembly elections, however, have also generated a great deal of controversies and disputes, and, in several cases, resulted in prolonged political deadlocks. Current parliament boycotts and recent mass protests organized by the main opposition party CNRP are the latest examples.
After more than ten months of political deadlock, members of parliament of CNRP finally agreed to take their seats in the National Assembly on August 5 2014. That move was seen as a result of a series of political negotiations since the national election dated July 28, 2013.
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Political parties
By constitution, Cambodia is a multi-party democracy. Many, however, considers Cambodia a one-party dominant state, with the Cambodian People’s Party in control of the government since 1993. Despite the CPP’s dominance, other political parties also exist and some are actively operating in the country’s politics.
Procedures and conditions for the formation, registration and operation of a political party are determined by the 1998 Political Party Law. According to this law, a group of 80 Cambodian citizens may form a political party.15 To be officially recognized, however, the party must have at least 4,000 members.16 By law, clergymen, judicial officials, members of the Royal Cambodian Armed Forces and National Police Forces may join political parties but are not allowed to engage in any activity in support or in opposition to any political party.17 The law also prohibits political parties from receiving contributions from public and government institutions, associations, NGOs or foreign companies.18 Public funding for political campaigns exists in this law, but has never been implemented. This means the sources of funding for political party’s campaigns come exclusively from private and business contributions. It is worth noting that laws regulating political party’s finance do not exist in Cambodia.19
As of April 2013, there are 43 political parties registered with the Ministry of Interior. However, parties that are currently active amount to no more than ten.20 Major and well-known political parties include the ruling Cambodian People’s Party, the main opposition party Cambodian National Rescue Party, and the FUNCINPEC Party.21
Provincial and local governments
Cambodia’s sub-national administration consists of three tiers. The first tier is composed of 24 provinces and one capital. Tbong Khmum is the newest province, having been split from Kampong Cham by a Royal Decree in late 2013.22 Despite being a special administrative unit, the capital is at the same level with other provinces. Each province, including the capital, is sub-divided into districts. There are 197 districts, 26 of which are municipalities and 9 are Khans as of 2014.23 (In Phnom Penh, the districts are known as Khan; in the provinces, at least one district, normally in the capital of the province, is called municipality (Krong). The rest of the districts are called Srok.) Districts are divided into communes, which number at 1406 Khum and 227 Sangkats as of 2014.24 In urban areas, the commune is referred to as Sangkat, while it is known as Khum in rural areas. Each commune is further sub-divided into villages and up to 2014, there are 14138 villages.25 It is worth noting that village is actually not a formal part of the local administration.
The administrative management of the capital, provinces and districts are defined by the Law on Administrative Management of the Capital, Provinces, Municipalities, Districts and Khans, commonly referred to as the Organic Law. The capital or provincial administration is headed by a governor who is appointed by the Ministry of Interior (MoI), based on the request of the Prime Minister. The governor is assisted by a number of deputies who are also appointed by the MoI.26 Based on the Organic Law, the capital or provincial governor supervises, coordinates and directs all line departments and units of the government ministries and institutions that operate within the jurisdiction of that capital or provincial administration.27 In similar fashion to the provincial administration, each district is led by a governor and a number of deputy governors who are appointed by the MOI.28 The roles of a district governor are similar to that of the provincial governor, although they are carried out at the district level.29 Each capital, provincial and district administration has a council, which is indirectly elected every five year. The Organic Law stipulates that the council shall have both executive and legislative power.30 The board of governor is responsible for carrying out the council’s decisions.31 It is worth mentioning that the councils were created through an indirect election only in 2009.
Unlike the province and district, the communal administration is governed by the Law on the Administration and Management of Commune/Sangkat. This lowest tier of local administration is governed by a directly elected commune council. Each council has a commune chief, who comes from the party that obtains the most votes during the commune elections. Some of the roles of the Commune/Sangkat, according to the law, include maintaining security and public order, managing public services, and contributing to the economic and social development in each commune/Sangkat.32 The law also gives power to the commune/Sangkat council to appoint or remove the chiefs of the villages that are within its jurisdiction.33
Budget Law
Cambodian national budget law is a legislative act which composes of state expenditures and revenues. Unquestionably, it is the most important policy tool for the government to address the needs of people. Under the guidance of the Prime Minister, the Ministry of Economy and Finance (MEF) is responsible for draft budget preparation regarding to government plans and strategies, such as the National Strategic Development Plan (NSDP), in the contribution of economic growth, social development and poverty reduction. By law, the Parliament does not have any responsibility in the budget planning but it will play a vital role in the discussion and approval of the draft budget law. According to the 1993 Law on Financial System, the government needs to submit the draft budget to the National Assembly and Senate for discussion and approval. Given to this role, the National Assembly checks, analyzes and debates the proposed budget before adopting. Following the approval by the National Assembly, the adopted budget law is sent to the Senate. The King promulgates it into law accordingly.34
The process of draft budget law preparation is:35
Stage 1: budget strategic planning preparation (March-May)
Stage 2: budget package preparation (June-September)
Stage 3: budget approval (October-December)
Recently, the National Assembly has passed the draft budget law for 2015 which sees a total allocation of 15,699,529 million Riel (approximately US$3.8 billion), up 10.8 percent if compared to the budget law 2014.36 The draft budget law 2015 focuses on ministries such as the Ministry of Interior, National Defense, Education, Rural Development, Health and Public Works as the budget expenses on those sectors increase, along with increasing the monthly salary of civil servants and armed forces.37
In 2014, as the opposition party Cambodia National Rescue Party (CNRP) boycotted the Parliament, the budget law was passed entirely by the ruling Cambodian People’s Party (CPP).38 However, CNRP’s presence this year would still not make a difference as the law was passed with 65 votes out of the 112 National Assembly members present carrying the vote.39 CNRP’s concern is to get more details on state expenditure and revenue in the proposed budget law.40
It is worth noting that civil society and public involvement in the budget process is limited. The International Budget Partnership’s survey found that Cambodia’s budget transparency was low, by scoring 15 out of a possible 100 points in 2013.41
International relations
Cambodia has diplomatic ties with most countries, including the United States, France, the United Kingdom, People’s Republic of China, South Korea, North Korea and Japan. The country is a member of many international organizations including the United Nations and its agencies. It also has membership in the Association of Southeast Asian Nations (ASEAN), the World Bank, the International Monetary Fund (IMF), Asian Development Bank (ADB), International Labor Organization (ILO) and World Trade Organization (WTO).
Given its geographical positioning, a big part of Cambodia’s history has been shaped by its relations with Thailand and Vietnam. The country has been locked in dispute with Thailand over sections of undefined maritime and inland boundaries. The dispute culminated in several deadly fighting between 2008 and 2011. Portions of Cambodia and Vietnam border are also still left undefined.42
Cambodia maintains good relations with Japan and China. Both countries are major donors to Cambodia. Since its severance of formal relations with Taiwan in 1997, Cambodia has been a staunched supporter of the “One-China” policy.43 The country has also consistently backed Japan in its bid for a permanent seat at the UN Security Council.44
Cambodia’s economic and trade relations with the United States and the European Union have also improved markedly over the past decade.
References
The Constitution of the Kingdom of Cambodia, Article 7.
The Southeast Asia Weekly. “New Cabinet of Cambodian Government for Fifth Mandate (2013-2018).” September 24, 2013. http://www.thesoutheastasiaweekly.com/new-cabinet-of-cambodian-government-for-fifth-mandate-2013-2018/.
Paul Vrieze. “To Live and Die with Hun Sen.” Asia Times. January 22, 2010. http://www.atimes.com/atimes/Southeast_Asia/LA22Ae01.html.
Prak Chan Thul. “Cambodia election crisis deepens as opposition rejects results.” Reuters. August 22, 2013. http://www.reuters.com/article/2013/08/12/us-cambodia-election-count-idUSBRE97B02I2013081.
Prak Chan Thul. “Cambodia’s Hun Sen pushes on with forming government, rejects opposition role.” Reuters. September 24, 2013. http://www.reuters.com/article/2013/09/24/us-cambodia-politics-idUSBRE98N06220130924.
Vong Sokheng. “Budget passes sans opposition.” The Phnom Penh Post. November 12, 2013. http://www.phnompenhpost.com/national/budget-passes-sans-opposition.
Bangkok Post.”Cambodia new ministry on oil, gas.” December 21, 2013. http://www.bangkokpost.com/breakingnews/386021/cambodia-sets-up-new-ministery-in-charge-of-oil-gas-production.
Cambodian Center for Human Rights. “Human Rights in Cambodia: The Situation in 2013,” accessed January 27, 2012, http://cchrcambodia.org/index_old.php?url=our_work/our_work.php&id=3.
Cambodian Center for Human Rights. Political and Electoral Reform in Cambodia. Briefing Note, Phnom Penh: Cambodian Center for Human Rights, 2013.
Khuon Narim. “NGOs Call for Vote Reform, New Election.” The Cambodia Daily. January 4, 2014. http://www.cambodiadaily.com/news/ngos-call-for-vote-reform-new-election-50066/.
Kong Sothanarith. “EU Parliament Calls for Investigation of July’s Election.” VOA Cambodia. January 21, 2014. http://www.voacambodia.com/content/eu-parliament-calls-for-investigation-of-cambodia-july-election/1833952.html.
Lauren Crothers. “UN Rights Envoy Subedi Says Electoral Reform Inadequate.” The Cambodia Daily. August 20, 2013 http://www.cambodiadaily.com/elections/un-rights-envoy-subedi-says-electoral-reform-inadequate-40195/
Joshua Lipes. “Cambodia’s Opposition MPs Take Parliamentary Oath” Radio Free Asia. August 5, 2014. http://www.rfa.org/english/news/cambodia/oath-08052014172933.html
Meas Sokchea, “Parties yet to agree on part of NEC draft law.” Phnom Penh Post. October 21, 2014. http://www.phnompenhpost.com/national/parties-yet-agree-part-nec-draft-law
Law on Political Party 1998, Article 9
Ibid, Article 19
Ibid, Article 15
Ibid, Article 29
International Foundation for Electoral Systems.”The Future of Political Finance in Cambodia.” April 4, 2011. http://www.ifes.org/Content/Publications/Articles/2011/The-Future-of-Political-Finance-in-Cambodia.aspx
Chin Chan and Lauren Crothers. “Political Party Registration Opens for National Elections.” The Cambodia Daily. April 28, 2013. http://www.cambodiadaily.com/elections/political-party-registration-opens-for-national-elections-20453/
ASEAN-China Free Trade Area. “8 political parties register to run in Cambodia’s July polls.” May 14, 2013. http://www.asean-cn.org/Item/7508.aspx
Mom Kunthear and Kevin Ponniah. “Kampong Cham’s great divide.” The Phnom Penh Post. January 10, 2014. http://www.phnompenhpost.com/national/kampong-cham%E2%80%99s-great-divide.
The National Committee for Sub-National Democratic Development. Database online. accessed October 31, 2014 http://db.ncdd.gov.kh/gazetteer/view/index.castle
Ibid, The National Committee for Sub-National Democratic Development.
Ibid, The National Committee for Sub-National Democratic Development.
The Law on Administrative Management of the Capital, Provinces, Municipalities, Districts and Khans 2008, Article 141
Ibid, Article 154
Ibid, Article 141
Ibid, Article 154
Ibid, Article 30
Ibid, Article 155
Law on the Administration and Management of Commune/Sangkat 2001, Article 43
Ibid, Article 30
Economic Institute of Cambodia.”The Role of Parliament in Budgetary Oversight”. accessed on November 10 2014. http://www.pic.org.kh/fileadmin/user_upload/Files/Library_Resources/The_role_of_parliament_in_budgetary_oversight_Eng.pdf
Ministry of Economy and Finance.”Presentation on Draft Budget Law Formulation Process in 2015″. accessed on December 01, 2014. http://mef.gov.kh/documents/mustsee/NA-Presentation_20-Nov-2014.pdf
Khan Sophirom.”Cambodian Lawmakers Approve the Draft Budget Law for 2015″. Agence Kampuchea Presse (AKP). November 29, 2014. http://www.akp.gov.kh/?p=54554
Ministry of Economy and Finance.”Presentation on Draft Budget Law Formulation Process in 2015″. accessed on December 01, 2014. http://mef.gov.kh/documents/mustsee/NA-Presentation_20-Nov-2014.pdf
Stuart White. “Eyes turn to legislation passed without CNRP”. The Phnom Penh Post. accessed on July 23, 2014. http://www.phnompenhpost.com/national/eyes-turn-legislation-passed-without-cnrp
Cambodian National Assembly. “Press Release on the Result of 3rd Parliamentary Meeting in the 5th Mandate”. November 26, 28, 2014. http://www.national-assembly.org.kh/article/686
Meas Sokchea. “Parties agree to budget review”. The Phnom Penh Post. November 11, 2014. http://www.phnompenhpost.com/national/parties-agree-budget-review
The NGO Forum on Cambodia. “Budget transparency remains low in Cambodia”. accessed on December 01, 2014. http://www.ngoforum.org.kh/index.php/hot-news/events/8-budget-transparency-remains-low-in-cambodia
Major General Edward B. Atkeson, The New Legions: American Strategy and the Responsibility of Power (Rowman & Littlefield Publisher, 2011), 166-167.
The Cambodia Daily, “Prime Minister Reiterates ‘One-China’ Policy”, March 27, 2000.
Chheang Vannarith, Cambodia: Between China and Japan (Phnom Penh: Cambodia Institute for Cooperation and Peace, 2009), 12.