A/HRC/18/46
the National Assembly is five years and ends on the day when the new National Assembly
takes office. The members of the National Assembly are elected for 21 multi-member
constituencies corresponding to the country’s provinces, using a proportional representation
system.
37.
The term of the Senate is six years. Of the 61 members of the Senate, 57 are elected
by Commune/Sangkat Councillors while two others are elected by the National Assembly.
The remaining two are appointed by the King. Both of these houses have a commission
structure and each of them has nine commissions. All of these commissions are chaired by
members of the ruling Cambodian People’s Party.
38.
The Cambodian Parliament has faced the same institutional and structural upheavals
faced by the country as a whole in the last 40 or so years. Like the judiciary, Parliament and
parliamentary culture had to be rebuilt from scratch following the systematic destruction of
all democratic institutions during the Khmer Rouge period. The structure of Parliament and
its physical facilities are now as good as any in a developing country and in many respects
well above the average. Similar to many other parliaments, the Cambodian Parliament has
oversight, legislative and representative functions.
39.
Parliamentary activities as a whole – from legislating to overseeing the executive –
cover the entire spectrum of human rights. Such activities have a direct impact on the
ability of the people to enjoy their rights. With a view to focusing on human rights issues,
the National Assembly and the Senate have each established a Commission for this
purpose. The Commission on Human Rights of the Senate has received more than 300
complaints of human rights violations from members of the general public; in more than
100 of those cases it has received responses from relevant Government departments. The
Commission has carried out investigations in about 40 cases in recent years. The Human
Rights Commission of the National Assembly received a total of 1,158 complaints from
members of the public between 2006 and 2010, the vast majority of them related to land
disputes. Upon receiving these complaints, the Commission has taken action on a good
number of them and written to relevant Government departments. The total number of
responses received between 2006 and 2010 was about 250. The Commission has also
examined various draft laws concerning the protection and promotion of human rights.
40.
While the Special Rapporteur was encouraged by the progress made by the country
in developing parliamentary practices within a relatively short period of time, there remain
a number of shortcomings in the workings of Parliament in general and the National
Assembly in particular.
B.
Effectiveness of the Senate
41.
Generally speaking, the parliamentary practices in the Senate are more advanced and
more in tune with the principles of democracy and transparency. There is a great deal the
National Assembly could learn from the practices of the Senate. The various commissions
of the Senate, including the Commission on Human Rights, have been able to discharge
their responsibilities more effectively. Altogether the nine Commissions of the Senate have
conducted 24 fact-finding missions per year on average. However, the Senate itself has
admitted that “the time given for scrutinising legal texts is too short”. Further, the
consultation on draft laws with concerned stakeholders “is not yet very transparent”.2
2
12
Cambodia, Secretary-General of the Senate, “A report on the self-assessment of the Senate on the
Kingdom of Cambodia after 10 years of operation and development” (Phnom Penh, 2011), p. 24.
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