A/HRC/18/46 C. Effectiveness of the National Assembly 42. A key function of the parliament is to make new and amend existing laws. Another key function is to have oversight of the executive, by monitoring its activities and holding it accountable for its actions in order to defend the people’s interests against possible abuse of power. A third function of the parliament is representation, which requires members of parliament to engage with their constituents in dialogue to better understand and represent their interests in the parliament. 43. Generally speaking, many bills are rushed through the Assembly without a proper debate. The tightly controlled system of adopting laws in the Assembly has meant in practice that amendments are rarely accepted at any stage of the process. This has highlighted the limited effectiveness of the Assembly in scrutinizing legislation prepared by the executive. While the Assembly asserted its independent role by sending the draft law on peaceful demonstrations back to the Council of Ministers in early 2008, other important laws, such as the Penal Code, the anti-corruption law and the law on expropriation were adopted with almost no debate, no amendments and little or no consultation, and in very short time frames. Furthermore, a number of pieces of legislation adopted in the recent past (and some regulations and subdecrees) have tended to narrow the scope of human rights. The ability of Parliament in Cambodia to restrain this executive tendency has been limited. 44. A key obstacle is the lack of a properly functioning parliamentary culture. The notions of pluralism and liberalism enshrined in the Constitution were designed to ensure space for all to participate in the process of democratization and nation-building. However, there is an absence of a culture of debate and discussion and political will to foster a climate that is conducive to constructive dialogue and accelerating the process of democratization of the society. Parliamentary practices are being developed but it seems to be taking time to accept the need for an effective opposition. Certain internal rules do not facilitate space for opposition voices. There is also a gap in knowledge and expertise among the Members of Parliament and professional parliamentarian staff whose qualifications and skills reflect a lack of fundamental legal training. This has impeded the capacity of the Members of Parliament to carry out their functions effectively. Overall, members of the National Assembly in Cambodia have not effectively used their powers of oversight to act as a check on the executive branch and hold the executive accountable for its actions. 45. None of the commissions in Parliament is chaired by a member of the opposition or a minority party. Many parliaments have the practice of having a member of the opposition or a minority party chair specific committees or commissions. It is an international practice to have equitable or proportionate representation of the opposition in such commissions or committees of the parliament. But this is not the case in Cambodia. Opposition or minority parties have a crucial role to play in holding the Government to account. They can provide alternative policy options for consideration by the Government and the public. For this, they should be guaranteed the right to place items for legislation and policy debate on the parliamentary agenda together with the time commensurate to this object and not be denied a voice to represent their constituents. 46. After the ruling Cambodian People’s Party won more than two thirds of the seats in the National Assembly in the last general election, held in July 2008,3 the role and work of the National Assembly as a proper debating chamber seems to be declining. Only 23 per cent of the letters from the opposition party in Parliament received a response from the 3 The Cambodian People’s Party won 90 out of 123 seats in the National Assembly; the Sam Rainsy Party 26 seats; the Human Rights Party 3 seats; the Norodom Ranariddh Party 2 seats; and the Funcinpec Party 2 seats. 13