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Constitutional Reform: Framework for a Comprehensive Political Settlement of the Cambodia Conflict

Implementations

Constitutional Reform – 1991

The process of constitutional reform in Cambodia began after the formalization of the Supreme National Council (SNC) and before the formal signing of the Paris Agreement. On September 25, 1991, the SNC of Cambodia agreed on the number of seats in the Constituent Assembly, the number of members of the Constituent Assembly that could be adopted in a new constitution, and the time frame for the organization of elections. These were supplements to the draft agreement on Cambodia. The SNC decided that there would be 120 seats in the Constituent Assembly, and that the Constituent Assembly could adopt the new constitution only with two-thirds of its membersÕ votes. The Supreme National Council also agreed to organize elections within six months from the first day of electoral registration.¹

The National Assembly of Cambodia amended Cambodia’s constitution to make the constitutional clauses suitable to the new developments in political liberalization. The constitution was now in accordance with democracy and national reconciliation, and also particularly constructed to conform to the implementation of the peace agreement.²

“Cambodian SNC Reaches Three More Agreements,” BBC Summary of World Broadcasts, October 2, 1991.
“National Assembly Meets to Adopt Measures Following Recent Unrest,” BBC Summary of World Broadcasts, December 30, 1991.

Constitutional Reform – 1992

In a SNC meeting on September 10, “HRH Prince Norodom Sihanouk proposed the setting up of a committee to work out the principles for a new constitution and suggested that the committee should be composed of three members from the Phnom Penh administration and one member from each of the other three parties, and the representatives of UN Transitional Authority in Cambodia (UNTAC) . HRH Prince Norodom Sihanouk, in replying to the question raised by Mr Ieng Muli with regard to the mandate of the SNC and UNTAC, stated that the task of the committee was to facilitate the work of a Constituent Assembly. The proposal of HRH Prince Norodom Sihanouk was agreed on.”³

“Phnom Penh and FUNCINPEC Release Communiques on 10th September SNC Meeting,” BBC Summary of World Broadcasts, 25 September 1992.

Constitutional Reform – 1993

The elections for the Constituent Assembly took place from May 23 to 28, 1993.
The Constitution Drafting Committee began writing the Cambodian constitution on July 1 and finished it on August 18, 1993. The draft of Cambodia’s 120-article constitution was scheduled to be presented to HRH Prince Norodom Sihanouk in Pyongyang, North Korea on August 31, 1993.⁴

Debate over the draft constitution began in the Constituent Assembly on September 15, 1993.⁵ On September 21, 1993, the Constituent Assembly of Cambodia adopted a new constitution. The new constitution formally adopted a constitutional monarch.⁶

“Hun Sen, Ranariddh and Chea Sim to present constitution to Sihanouk in Pyongyang,” BBC Summary of World Broadcasts, August 23, 1993.
“Constituent Assembly begins constitution debate,” BBC Summary of World Broadcasts, September 16, 1993.
“Son Sann’s closing speech at Constituent Assembly: constitution adopted,” BBC Summary of World Broadcasts, September 22, 1993.