It is now 14 years since the Constitution of the Kingdom of Cambodia was enshrined in law, so to what extent has this Constitution been implemented? During the course of that debate, I raised two constitutional points, where the government has chronically failed to address; 1.
State Power Separation; and 2.
Educational Freedom.
1.
State Power Separation: Different participants raised about incompetence of the Royal Government, National Assembly, and the Judicial Institution and some of the participants criticized gross constitutional violations committed by the three State powers.
Moreover, a few also addressed some comments and suggestions to the three State powers.
To me everything is possible; Royal Government, National Assembly, and the Judicial Institutions are all competent, constitutional violations will easily be alleviated, as well as the comments can be easily implemented, as long as we have "Genuine Separation between the Three State Powers: Legislative, Executive, and the Judicial.
" Article 90 of the Cambodian Constitution states that "The assembly is the only organ to hold legislative power, Article 120: "the functions of the members of the Royal Government are incompatible with professional activity, business or industry and with the holding of any position in the public service", 121: "Members of the Royal Government are collectively responsible to the Assembly for the overall politics of the Royal Government.
" Judiciary independence is guaranteed by Article 128 of the Constitution: "the judicial power is an independent power.
" I did not analyze whether the current separation between the three State powers is genuine or not, but I expressed three benefits that genuine separation between the three State powers would bring: - Clear-cut responsibilities, professionalisms and relations between each State power.
Corruption will be dramatically reduced, legal implementation will be more effective, poverty will be desirably alleviated, individual and corporate responsibilities will be resurgent, civil and political rights will enjoy more lights, as long as Articles 90, 120, 121, and 128 are genuinely implemented.
2.
Educational Freedom Article 65 states that "the State protects and upgrades citizens' rights to quality education at all levels and take all necessary steps for quality education to reach all citizens," Article 66 carries on: "the State establishes a comprehensive and standardized education system throughout the country, guarantees the principles of educational freedom and quality to ensure that all citizens have adequate and equal opportunity to earn a living", and the last relevant Article: "the State adopts educational programs according to the principle of modern pedagogy including technology and foreign languages".
In Cambodia, almost all private/State university deans or rectors have political affiliations with the political party or government.
Most professors of the State universities are also affiliated to the ruling parties or the government, and despite the professor, who has no political affiliation, would have to politically follow his/her university dean or rector.
These social factors are imminent barriers to quality education, educational freedom and quality and the principle of modern pedagogy.
Quality education, educational freedom and quality and the principle of modern pedagogy can only be realized, as long as professors are politically free to publish his/her own work, as well as free in in-class politicization, and the same educational/academic rights shall be equally applied to the students.
In the last stage, I suggested all universities to make opposition print media to be available in their libraries, since nowadays no universities accept opposition print media to be available in their libraries yet.