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Dgexpo/B/Poldep/Note/2005 198 29/08/2005] PE N° 362572 EN DIRECTORATE-GENERAL FOR EXTERNAL POLICIES OF THE UNION DIRECTORATE B - POLICY DEPARTMENT - NOTICE TO MEMBERS Hearing on Cambodia, Laos and Vietnam Abstract: Members will find attached, factsheets concerning Cambodia, Laos and Vietnam. DGExPo/B/PolDep/Note/2005_ 198 29/08/2005] PE N° 362572 EN This note was requested by the European Parliament's subcommittee on Human rights This paper is published in the following languages: English Author: Xavier Nuttin Manuscript completed in August 2005 Copies can be obtained through: E-mail: [email protected] Brussels, European Parliament, 29/08/2005 The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. 2 KINGDOM OF CAMBODIA Capital: Phnom Penh Surface: 176,520 sq km Population: 13.6m (2005 estimate) Head of State: King Norodom Sihamoni (Named king in October 2004, following his father's abdication) Head of Government: Hun Sen (Prime Minister since 1985) GDP growth rate: 6 % (2004) GDP Per Capita in US$: 347 (2004) Institutional Situation Constitutional system The fall of Phnom Penh to the Khmer Rouge on 17 April 1975 saw the end of the Khmer Republic presided by general Lon Nol . The Khmer Rouge remained in control till January 1979 when Vietnamese forces invaded the country and installed the Khmer People's Revolutionary Party. By 1982 a government including the royalist FUNCINPEC party had been formed in exile, but it was not until 1989 that Vietnamese forces left the country. The signing of the Paris Peace Agreements in October 1991 launched a process of reconstruction and transition towards democracy and a market economy in Cambodia, after two decades of conflict and civil war. This process, which was backed by a UN presence until the first national elections in May 1993 (which marked the start of the current political system), facilitated the foundation of a constitutional monarchy with King Norodom Sihanouk as head of State, and led to the establishment of a power-sharing government formed by the royalist FUNCINPEC party and the Cambodian People’s Party (CPP). Two co-prime ministers were appointed: Prince Ranariddh of the FUNCINPEC party and Hun Sen of the CPP. The process came to a halt in July 1997 when First Prime Minister Prince Ranariddh was ousted after armed clashes between the two main parties of the Government. The national elections in July 1998 resulted in a National Assembly composed of 3 parties: CPP, FUNCINPEC and the Sam Rainsy Party (SRP). This led to a new coalition government between CPP and FUNCINPEC in late November 1998, based on a common political programme. After the 1998 elections, the government decided to create the Senate, whose members were appointed by the political parties present in the National Assembly and by the King. The first ever communal elections took place in February 2002 as part of the government’s decentralisation policy. The latest elections for the National Assembly were organised in July 2003. Under the 1993 constitution, Cambodia is a constitutional monarchy based on the principles of liberal democracy and pluralism. Head of State. The monarch is the head of state and is selected by the Royal Throne Council from among descendants of the three royal lines. The king serves as head of state for life, though exercises no real power, acting more as a symbol of unity. The monarch appoints the prime minister on the recommendation of the chairman of the National Assembly. King Norodom Sihanouk returned to PNP in 1993 and was reinstalled as King. He abdicated in October 2004 claiming poor health and was replaced by one of his sons, Prince Norodom Sihamoni. Parliament Legislative power resides in parliament, which consists of a 123-seat National Assembly chaired by Prince Ranariddh from the FUNCIPEC, and a 61-member Senate chaired by Chea Sim from the CPP. Members of the former are elected for five-year terms under direct and universal suffrage, whilst members of the latter are appointed. The Senate was formed in March 1999, though it is not very powerful and the Assembly can reject its recommendations. Indirect elections for a new Senate are proposed for January 2007. Nationwide local elections are scheduled for 2007 and legislative elections for 2008. 3 Justice Sector The judiciary comprises three tiers. At its apex is the Supreme Court, under which is the Appeals Court and below this, the Trial Court. The Supreme Council of the Magistracy, headed by the king, deals with court appointments. There are not more than a handful of judges that have formal legal qualifications (the KR killed virtually a entire generation of educated people) and the court system is inadequately funded. Lack of resources, low salaries and poor training all contribute to a high level of corruption and inefficiency in the judiciary and consequently a notable failure to ensure due process. The Royal Government of Cambodia (RGC) Judicial Reform Council has made no significant progress in fulfilling its mandate to develop and implement reform measures. There is a clear need for further encouragement to the RGC to speed up the implementation of legal and judicial reform (including a clear separation of powers) as a matter of priority. Political Context General Political Climate Following elections in July 2003, the political landscape experienced months of uncertainty until a government was finally formed in June 2004. The Cambodian People's Party (CPP) has traditionally wielded power, albeit latterly more as a coalition, with Prime Minister Hun Sen, who has been in power since 1985, exercising effective control. Following the election, the two other main parties, the royalist FUNCINPEC and the Sam Rainsy Party (SRP), called for a tripartite government but discussions ultimately floundered. Instead, the CPP regained its dominant position in a coalition with former partner FUNCINPEC. Since elections in 1998, Cambodia has enjoyed its most stable political period in three decades. About half of the state budget is provided through aid from the international community. Despite huge difficulties linked to insecurity, a culture of impunity and widespread corruption, prospects for political consolidation and gradual democratisation are good. The Government has published in May 2005 a strategy for Deconcentration and Decentralisation, to be implemented by the end of 2007, which aims to create elected Provincial and District Councils, as well as to devolve the management of public services to the local levels. Parliamentary elections July 2003 The elections were observed by an EU election observation mission which concluded that the elections were well conducted but that there was still some way to go to full democracy. None of the main parties could secure the majority required to form a Government . FUNCINPEC and the SRP decided to form an alliance in an attempt to force the CPP to accept a tripartite government. The move failed and following protracted discussions FUNCINPEC allied once again with the CPP. As part of their power-sharing deal, the CPP and FUNCIPEC created a massively expanded government, twice the size of the previous mandate. From the elections it took 11 months to reach a political agreement and decide on the government's composition. which is comprised of 7 deputy prime ministers, 15 senior ministers, 28 ministers, 135 secretaries of state and some 146 undersecretaries of state. The Sam Rainsy Party (SRP) again finds itself in opposition, but with just 24 seats (out of a parliamentary total of 123), is likely to pose little threat to the government. Instead, internal divisions may well create more problems for the ruling coalition, with tensions evident between the CPP (73 seats) and FUNCINPEC (26 seats). Political Parties Cambodian People's Party (CPP): The reformulated Kampuchean People's Revolutionary Party (KPRP), which was installed in government by the Vietnamese in 1979 is led by Prime Minister Hun Sen. The CPP is the largest party in the National Assembly. However, its inability to obtain a full majority forced it into securing a coalition government with FUNCINPEC. The party has an extensive web of village-level organisation and this contributes to create an environment for the political campaigning largely favourable to CPP. 4 FUNCINPEC (National United Front for an Independent, Neutral, Peaceful and Co-operative Cambodia): Founded in 1978 in opposition to the Vietnamese-backed KPRP. Led by Prince Norodom Ranariddh and strongly aligned with the monarchy, FUNCINPEC has been in gradual decline, seeing its share of votes reduced to 20% in the 2003 elections. The party is rife with factionalism, following the decision by several members to remain in government after Ranariddh was ousted by Hun Sen in July 1997. Two breakaway factions broke ranks in mid-2002. The Sam Rainsy Party (SRP) is the only opposition party in the National Assembly, led by former economy and finance minister and ex-FUNCINPEC member Sam Rainsy. Formed in 1995 in vocal opposition to the government, the party maintains its antagonistic stance, particularly towards the CPP. Policies rest on a platform of anti-corruption, accountable government and development, and the party has progressively increased its share of votes, although it is still a long way away from posing a serious challenge to CPP rule. Relations between the EU and Cambodia Co-operation Agreement: An EC-Cambodia Co-operation Agreement was signed in April in 1997, entering into force on 1 November 1999. Art.1 reiterates that respect for the democratic principles and fundamental human rights are essential elements of the Agreement. Furthermore, since early 2001 Cambodia benefits from the EU’s Everything But Arms (EBA) initiative, which grants duty-free and quota-free access for all exports (except arms) originating from Cambodia. Cambodia is also party to the EC-ASEAN Agreement of 1980.
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