The New Cambodian Constitution: From Civil War to a Fragile Democracy 26 Columbia Human Rights Law Review 1994-1995

26 Colum. Hum. Rts. L. Rev. 45 (1994-1995)
The New Cambodian Constitution: From Civil War to a Fragile Democracy

handle is hein.journals/colhr26 and id is 53 raw text is: THE NEW CAMBODIAN CONSTITUTION:
FROM CIVIL WAR
TO A FRAGILE DEMOCRACY
by Stephen P. Marks'
We hope that the international community will not spend
$2 billion in Cambodia just to bring back the old forms of
government.
It is neither a monarchical, nor republican, but a democratic
constitution.**
I. INTRODUCTION
On September 24, 1993, the new constitution of the Kingdom
of Cambodia officially entered into force, and the Constituent
Assembly, elected to office following a May 1993 election run by the
United Nations, transformed itself into the new Parliament, in
accordance with Articles 1 and 12 of the Paris Agreements.' Thus
ended the transitional period of United Nations authority and one of
the most extraordinary chapters in the efforts of the international
* Visiting Fellow at the Center of International Studies, Woodrow Wilson School,
Princeton University; Lecturer at the School of International and Public Affairs,
Columbia University. The author was head of human rights education, training and
information for the United Nations Transitional Authority in Cambodia. The author is
grateful to the John D. and Catherine T. MacArthur Foundation and the Center of
International Studies of Princeton University for supporting the research and writing of
this Article.
** Spokesperson for Ponleu Khmer, a coalition of Cambodian non-governmental
organizations (NGOs).
*** Chem Sngoun, minister of justice of Cambodia and vice-chairman of the
Constitutional Drafting Committee.
1. Agreement on a Comprehensive Political Settlement of the Cambodian Conflict,
October 23, 1991, 31 I.L.M. 174. The text of the agreement is published by the United
Nations as a set of four documents: the Final Act of the Paris Conference; the Agreement
on a Comprehensive Political Settlement of the Cambodia Conflict, with five annexes; the
Agreement Concerning the Sovereignty, Independence, Territorial Integrity and
Inviolability, Neutrality and National Unity of Cambodia; and the Declaration on the
Rehabilitation and Reconstruction of Cambodia. This compilation will be referred
hereinafter in the plural as the Paris Agreements; the singular Paris Agreement will
refer to the second of the four documents.

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