“ច្បាប់ថ្មីនេះបានផ្សព្វផ្សាយទូលំទូលាយទៅកាន់សមាជិករដ្ឋាភិបាលរួចហើយ ហើយច្បាប់នេះ ក៏មិនមែនតាក់តែងឡើងដើម្បីបម្រើឲ្យសាធារណជន ឬបម្រើឲ្យសង្គមស៊ីវិលនោះទេ តែច្បាប់នេះធ្វើឡើងដើម្បីរៀបចំចាត់ចែងក្នុងស្ថាប័នតុលាការប៉ុណ្ណោះ។”
រដ្ឋមន្ត្រីក្រសួងយុត្តិធម៌ លោក អង្គ វង្សវឌ្ឍានា, ២១ ខែឧសភា ឆ្នាំ២០១៤, វិទ្យុអាស៊ីសេរី
“Nobody can have more knowledge than the National Assembly. Our National Assembly is a true and legitimate assembly, so we don’t need to have any more debate.”
Senior CPP lawmaker Cheam Yeap, 27 May 2014, The Cambodia Daily
“The laws will make the courts perfect and better than before, so the court system will be advanced in a good way with this deep reform.”
Sam Pracheameanith, chief of cabinet at the Ministry of Justice, 27 May 2014, The Cambodia Daily
“After I listened, I wrote down everything in my book… Why do I need to write notes? …The ideas are so new, so I have to remember. We are doing a good job.”
CPP Fresh Lawmaker Mok Mareth 23 May 2014, The Cambodia
“Honestly,… the party has no interest or has not been looking into the draft laws seriously. [While the CNRP leaders focus elsewhere, their lawmakers] are all over the place. As a party, we should have our elected MPs [members of parliament] to work on that, but I am not in charge of the elected MPs. I think some politicians were looking for any order from the leaders. But we have to do what the party leaders want us to do.”
CNRP chief whip Son Chhay, 27 May 2014, The Cambodia Daily
The CPP kills at least three birds with its new judicial trilogy: the Law on the Organisation and Functioning of the Supreme Council of the Magistracy (SCM), the Law on the Organisation and Functioning of the Courts, and the Law on the Statute of Judges and Prosecutors. It is applauded as a stroke of genius.
First, it takes more ownership by dumping the three branches: legislative, executive, and the judiciary, into a single pot many say stinks to high heaven. The composition of the SCM that runs the entire court system must include justice minister from the executive branch, which immediately compromises the SCM independence.
Furthermore, the royal palace is also thrown into the pot. The King’s presidency of the SCM is made feeble, though he is still held responsible for the judicial independence. SCM Article 7 stipulates the King is the Council president, but he or his representative shall not be involved in any decision-making unless his representative is the justice minister. This ensures the CPP government will answer only to itself.
The trilogy now relieves CPP elite from the pain of having to claim every time they open their mouth that all their actions are legal. Civil rights attorney Sok Sam Oeun confirms the new laws legalise whatever the CPP government has done up to now that many claim to be illegal, or contravene international conventions.
Second, the trilogy is drafted to the perfection, and passed with top efficiency in a well-greased process. The CPP elite claim the legislations are flawless after consulting behind closed doors with legal experts and and experienced officials whose inputs happen to be what they look for. This explains how the half-full National Assembly takes only about twelve hours to pass the combined 233 article trilogy with most of the time spent on reading them. The smooth passing is like how male mammals with a perfect prostate gland feel.
Newcomer lawmaker Mok Mareth is so impressed with quality of the laws and the flaky debate that he writes down “everything”. The only thing the lawmaker, who poses and answers his own questions, misses is the other side of the coin.
Third, perhaps the trilogy incidentally reveals an Opposition weakness. It seems the CNRP chief whip suffers from having neither Indians nor whip. It is uncertain, however, whether he has lost them, or the party simply forgets to hand them over to go with the title. Still, if it is true that the Indians are twiddling their thumbs waiting for the leaders’ order, then they may not know much about any strategic plan to rescue their future, let alone the nation.
Anyhow, if unity and stability come from the CPP power of one, the trilogy will do the trick. After all, worriers for nothing, like UN envoy Subedi, should take notice of what the justice minister has to say about the main purpose of the legal trio: they are to manage the court structure – not serving interest of either the public or the NGOs.
Ung Bun Ang
(Pseng-Pseng is published on the first, tenth, and twentieth day of every month)
Updated: “Ghost Like Reform”, Pseng-Pseng, 6 March 14
Why does the best of one need all these times to effect a direct credit pay?
«ទើបតែកាត់មកចូលអេស៊ីលីដានេះឯង ក៏មិនទាន់បានបើកម្ដងទេ។ ខានបើក ៥ខែហើយ តាំងពីខែមករា មក។ ក្រុមគ្រួសារខ្ញុំក៏យ៉ាប់ដែរ រហេមរហាម ប្ដីខ្ញុំខ្វាក់ភ្នែកទាំងពីរ គាត់ថ្លង់ទៀត សូមឱ្យជួយខ្ញុំផង ខ្ញុំល្ងង់មិនដឹងអីទេលោកអើយ!»។
លោកស្រី សេង ឈឹង ដែលមានប្ដីជាជនពិការនៅខេត្តឧត្តរមានជ័យ, ៤ ខែមិថុនាឆ្នាំ២០១៤, វិទ្យុអាស៊ីសេរី