Rule of Law
Constitution, judiciary, Cambodia
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This paper reviews the process of reconstructing the judicial system in Cambodia which was destroyed during the four year rule of the Khmer Rouge in the 1970s. It is estimated that of the 400-600 legal professionals in Cambodia before the Khmer Rouge rule, only six to twelve were alive when their rule came to an end. The paper discusses the role of the United Nations Transitional Authority in Cambodia, a peace keeping program that in the early 1990s, during which time the seeds of democracy, civil society and human rights began to take root. There is a discussion of the constitution of Cambodia, written in 1993. The content of the constitution was imposed by the international community and therefore reflects western models rather than Cambodian ideals and values. In discussing the judicial system in Cambodia the paper covers the areas of political independence, financial independence, a lack of accountability of the security forces and other government high officials, and a lack of appropriate review mechanisms.
Kathryn E Neilson QC
Centre for Asia-Pacific Initiatives
Canada
Educational Institute
The Centre for Asia-Pacific Initiatives (CAPI) was established in 1987 as an important element of the University of Victoria's plan to expand and strengthen its links with universities and other institutions in the Asia-Pacific region
Rule of Law
The Child Law