A/HRC/42/60/Add.2
2.
Recent amendment of the constitution and criminal code of Cambodia: Insulting
the King
Since 1993, Cambodian constitution has been amended several times based on the urgent
need of Cambodia’s society. However, the recent amendment is very crucial and right time
to protect our national interest and defense our sovereignty and national integrity, being
threatened by the foreign interference, and thus ensuring state survival.
For us we don’t see the amendments restrict the rights and freedom of expression as among
those amendments were:
-
Requirement that political party and each individual place the national interest first
-
Opposition to foreign country’s internal interference
-
Penalty handed to those who insult the king
Cambodia's Constitution clearly states that RGC has an obligation to uphold Cambodia's
sovereignty and independence. The Constitution also sets forth that Cambodia adopts
pluralistic multi-party democracy. In this regard, Khmer citizens and all Cambodian political
parties regardless of their political tendencies must contribute to defending Cambodia's
sovereignty and independence and to advancing Cambodia's national interests, not those of
foreign countries.
The amendments aimed to enhance the multi-party democracy regime, strengthening the rule
of law, national interest and the interest of the people, defending neutrality, independence,
territory, and opposing internal interference in Cambodia’s affairs.
On the penal code amendment, it is to make insulting the monarchy punishable by up to five
years in prison and a fine of up to $2,500 for an individual or $12,500 for a legal entity. The
Constitution explicitly sets forth that the King is inviolable. In addition, monarchy is part of
Cambodia's national motto [Nation-Religion-King]. Therefore, it is the government's vital
duty to defend this inviolability. The new rules are lenient, compared to similar rules in
countries such as Thailand, Malaysia, and Saudi Arabia as well as some European countries,
taking some examples as the following:
-
In UK, anyone appealing the abolition of monarchy could face a life imprisonment.
[Law on Treason entering into force in 1848]
-
In Netherland and Norway, any insult to the constitutional monarchy or the King is
punishable of up to 5 years jail term.
This amendment is conducted for the benefit of Cambodia and in accordance with
Cambodian context and perception based on the constitutional principles, international
standard and sharing similarity with other modern states. Laws and policies are not perfect
and often are work in progress. They need to be discussed, revisited, amended, re-evaluated
and adapted to the development within society. Thus, there will always be imperfections. In
conclusion, the benefits of the amendment and revision of legal framework will outweigh the
imperfection. Latter should be addressed, and the significant development and opportunity
embrace.
So far, three indivudals were arrested and charged of insulting the king under this law. The
act of using the social media to insult the king is not the exercise of freedom of expression
that is protected by the law, but it is a criminial act and the perpetrators must be criminally
liable.
3.
Amendment of Law on Political Party
Cambodia adheres to a multi-party democratic system. The evidence is more than obvious
with numerous political parties during the last five general elections: 20 for the 1993 general
election; 39 for the 1998 election; 23 for the 2003 election; 11 for 2008 election, 8 for 2013
election and 20 for 2018 election.
Cambodia undertook the amendment of the Law on Political Party based on the principles
laid in its constitution. From a legal perspective, the amended law applied indiscriminately
to every political party and bears all the basic requirements that any democratic countries
should adhere to. Nothing in the amended law is threatening the fabric of multi-party system
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