Evaluations/Reviews of Your Final Papers

Dear all,

I just finished writing evaluations/reviews of your final papers. All of you, by now, should have my evalutions in the comment boxes below the text of your final papers. These comments are individualized and pertain to the specific merits of each student's paper. They also vary in format and length, depending on how much or how little I had to say about each of you's paper. If you have received more comments from me than most other students doesn't necessarily mean that the quality of your paper is inferior, but could have been shaped that way for a myriad of different reasons. Please, bear in mind that I had downgraded those of you who submitted their final papers past the deadline, which, for the purposes of this blog, means after my "end of submission period" message. I also downgraded those of you who had failed to conform their footnotes to the standard of the Bluebook System of Uniform Citation, which is an important sidebar of this class. You also would have lost a portion of your grade for the final paper, if you didn't submit at least one comment on other people's work.

Lastly, I would like to thank all of you for participating actively in class discussions and contributing to the three major rights-related discussions on this blog. I have put in long hours reading your papers and writing reviews to help you understand my evaluative methods and phrase them in a way that would sense to all of you. I hope these reviews will be of utility to you in the future.

Many of you have asked me if they could continue using this blog past the duration of this class to which I said 'yes'. This is an exciting opportunity for all of us to stay abread of further developments of human rights here in Cambodia and in the rest of the world. We will not be offering this course in the upcoming semester, but you are most welcome to check in and contribute rights-related article that you might find interesting. We can hold forum discussions on these issues upon request or merely comment on one another's submissions. I will be looking forward to reading those.

Best,

Stan

Thank for your Comment

I would like to thank for everyone's comment for my final topic though they are negative or positive. I think that it is more khnowledge biside what I get from our professor. So, please welcome all kinds of your comment. High evaluation to your comment. Sitha

Comparative on Right to Religion
on Cambodia and Malaysia

Name: TES Loudeth
ID : 0576
Date : September 3, 2007
Submit to Prof. Stan Staryging

Outline:
- Cambodia
- Malaysia
- Conclusion


Abstract:
As we have known that Cambodian is the Buddhism, according to the Constitution people have the right to belief whatever religion people believe. In this essay we will take a look on Cambodia and Malaysia country. We will tell you and let you compare by your own self about how different Cambodia and Malaysia in the way they practice in Human Right. Cambodia is a small country in Southeast Asia and Malaysia also. However Cambodia is just a poor development country but how they practice their religion is in peacefully, it’s contrast to Malaysia that is kind of more developed than Cambodia but it’s seems different how they practice their Human Rights. This is could be because Cambodia put Buddhism is a national religion even in national motto, which is the religion that teaching people in a peaceful, no violation way. But Malaysia has put Muslim religion as Federal religion to be official, which is the religion that easy to entry but it is difficult to get out.
That is why Malaysian has a problem on religion like the Lina Joy’s case who has wanted to change her religion from Muslim to Christian follower her boyfriend. She were file complaints three times: 1)- Her application for name change was rejected by National Registration Department (NRD) without any reason being given on 11 August, 1997. 2)- She made a second application for name change but this time to Lina Joy on 15 March, 1999. 3)- On 25 October, 1999 she was asked to applied for a new replacement of identity card.
So this case got it own popular mean and every body start to question whether this is the right decision for Malaysian?.


Comparative on Right to Religion
on Cambodia and Malaysia

Cambodia and Malaysia’s are located in Southeast Asia countries. However these two countries are in the same area of the world, they may have the same common sense about culture (Not very much but at least a little bit). The way they treat people or the way they practice something are almost the same, for example religion. Common religions those countries in Southeast Asia are Muslim, Buddhist, Hindu, and Christian.

Cambodia:
About 90% people are Buddhism[1] because they think that Buddhism teaches people to avoid domestic violence, do not look down the poor people and should live depend on their self without interfered any body.

Cambodia constitution in art 43 stated: “Khmer citizens of either sex shall have the right to freedom of belief. Freedom of religious belief and worship shall be guaranteed by the State on the condition that such freedom does not affect other religious beliefs or violate public order and security.” This is mean that people from everywhere in Cambodia has their own right and decision to choose whether which religion that fit them most, and they has free right to change their religion without any problem or punishment. This article also stated that Buddhism is a national religion. Also in the national’s motto stated started with the word
“Nation, Religion and King” this is to show that in the society the people should think about those these things.

However that Buddhism religion always go first, but people who are the followers of other religion still didn’t have any action to against Buddhist people or Buddhist people rarely having problem with the other follower religion even the discriminations.

At the same time Art 31 of Cambodia also stated Cambodia constitutional recognize and follow the Universal of Declaration Human Right of United Nation and all the covenants that related to all Human Rights. In UDHR and ICCPR in the same art stated that[2] “Everyone (shall) has the right to freedom of thought, conscience and religion; this right (shall) includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Cambodia does respect human right. In constitution of Cambodia they stated everything that people have to follow and respect human right and nobody can against it. For example, every Buddhism holidays like Meak Bochea, Visak Bochea, all people have set it in the calendar to be a public holiday, this mean that they recognize the religion as the National religion.
But we have a real different case in Svay Rieng that happened last year, people who are Buddhism got angry with the Christian people because there has no raining for them to grow the rice and they were convince their religion to people, so they were hit the church. After the church were destroyed the rain coming. So in this case it can make people more proud with their Buddhism. And they think that because of the church it does not rain.
People in that case, they didn’t really actually follow the real Buddhism. Buddhism never taught people that when there was no rain for growing rice, this is because of somebody else. The way they practice Buddhism is mixed with Hinduism. So it’s different and people don’t understand it. This case is rarely happen. Not many cases like this happen very often.

MALAYSIA:

As for Malaysia country, most of the people 60% of Malaysia’s 26 million people are Malay Muslims[3] and only Muslim Religion is the religion of Federation. But they set many places for all everyone to learn about Buddhist religion and make it easy for anyone who want to study about it can find any information that they want easily because there are 350 Buddhist Organization throughout the country .

In Malaysia, there are 4 major religions. There Muslim, Buddhism, Hinduism and Christian[4]. Malaysians are defining as a Muslim people. Muslim religion is a federal religion according to art 3 of Malaysia Constitution.
This is because Muslim is the federal religion that’s why seems that they give the priority to Muslim religion. For example, Lina Joy’s case is the popular case about a woman who wanted to change her name and her religion from Muslim to Christian[5]. In 1997, she filed a complaint to change her name but it was rejected by NRD without any reason. In 1999, she filed complaint again for name change. Finally she got her name changed but she can’t get her Religion change. In 2001, High court of Malaysia ruled that if Muslim people wanted to changer her religion, then the Syariah Court is the one who decide that.

Malaysia is not respect the Universal Declaration of Human Rights. Malaysia is one of the UN members, so Malaysia must has to follow the Human Rights. In constitution of Malaysia did state that “Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation.” The decision violates the International law and disobedience the Universal Human Right to religious freedom. International law and the Malaysian Constitution guarantee the right to choose your own religious beliefs and change those beliefs according to your conscience. After the decision, Malaysia makes it clear that people who born to be Muslim is exception. They allow other people who weren’t born in Muslim to practice and believe whatever religion they want, ut they didn’t allow all the Muslim people to change their belief to another religion.

The fundamental rights are never absolute. They have to be balanced against others’ rights and subject to a few compelling limitations. For example, one can not claim the right of free speech to smear other person’s good reputation or to shout “Fire” in a crowded cinema. But Lina Joy has married a Christian guy, she absolutely want to convert her religion like her husband. She just doesn’t want to be Muslim. Because her kids must be designated as a Muslim or the kids must be taken away from them because they can’t be raised in Muslim.
But in my opinion, the majority on the Malaysian court was too quick to rely on such a rationalization. They didn't ask themselves what other rights were being balanced against, for example; they should also have looked harder at the practicalities of sending Lina Joy to the Syariah courts. Would she get a fair hearing? Should she have a sensible chance of success it?
The court ruled that the decision that whether someone is a Muslim or not is the jurisdiction of Syariah courts, not the secular courts. But it’s the role of secular courts to enforce the constitution. So, in the problem of freedom of religion, who is responsible to enforce that?
Without freedom of give up the religion then it would be no freedom in religion. This may be seen to some Malaysia people that “No duress” but it actually means no freedom to change religion. You can't make anyone stay on something they have other ideas on even if they were born into it. You just can't do such a thing. Religion has and will always be between you and whatever form of God you worship. To force someone to believe one religion when they already have something to believe in is like mental rape.
Just because you’re born into that religion, it doesn’t mean that you’re very into it. Lina Joy wanted to change her religion may be she thinks it’s fun and it’s more trustful, so we just can’t force her to believe in anything.

Conclusion:
So after we have researched this topic we can see that even in the constitution stated that we should respect human rights but in the real practice it may not a 100% perfect like in the book like in Cambodia. But in Malaysia government should provide the justice to their people even they are not Muslim religion or they will have a problem like in Thailand, fighting between Muslim and Buddhism because of the religion discriminating.

[1] http://countrystudies.us/cambodia/48.htm
[2] Stan Starygin , Human Rights and World Politics, UDHR, Article 18, p 160
[3] Stan Starygin , Human Rights and World Politics, UDHR, p 281
[4] [4] http://en.wikipedia.org/wiki/Buddhism
[5] Stan Starygin , Human Rights and World Politics, (Lina Joy’s Case)

Final Term Paper

PANNASASTRA UNIVERSITY OF CAMBODIA
Course: Human Rights and World Politics Topic: The Right to Adequate Housing
Prepared by: Sang Morada
ID: 6820
Submitted to: Prof. Stan Starygin

Contents
I. Introduction
II. Define what’s is the right to adequate housing
III. What is this right to adequate housing play as an important role
a. The government obligation to housing right base on Human Rights
b. Impact by inadequate housing
IV. Case Study
V. Conclusion
VI. References

Abstract
Basic Right of Human is Right to Speak, Right to Life and Right to Adequate Housing, so, what’ll happen if one of among these rights is violated. Well, Cambodia is adopted either local or international, and it state clearly relate to these right - what is people right to Adequate Housing about according to UDHR and covenant. Base one that covenant, people is protected from eviction, also, government has an obligation to protect citizen if base on some article which has stated in Constitution. Furthermore, I’ve raised matter to discuss which deal to Housing Eviction in Cambodia. Argument here is like to talk about impacts caused by Forced Eviction. So far, there are many families which forced by authority to leave from a place which they were living, such case in Monivong Hospital, Kok Pech and Tonle Bassac. Nevertheless, due this connection, caused people face more difficult in living standard, because of a new place is very far from city and it is not development as there is no service, material, facilities and infrastructure provided. According to research relate to a case which authority move people from Tonle Bassac to live out of town - people there can't have clean water, hospital and so on. Yet, Civil Society is more concern about young people who lose a chance to go to school which it’s not easily to access. Therefore, what’ll happen is this rights have been violate or unrespectable by someone in Society?

I. Introduction

In 1975, Phnom Penh fell to the Khmer Rouge, which introduced a radical regime of collectivization whereby Cambodia’s cities and traditional institutions were abandoned and the population forced to work hardly. All housing became the property of the state and property records were destroyed. During the five year reign of the Khmer Rouge an estimated one to two million people – as much as a fifth of the population – were murdered or died of overwork, starvation and disease. Human Rights were not respected during that period and the destruction of Cambodia’s economy and the killing of much of its killed during that regime. After Khmer Rouge Regime finished, Human Rights is strengthened by the Government of Cambodia in Society. Moreover, early 1992, Cambodia adopt human rights treaties including the International Covenants on Civil and Political Rights (ICCPR) and Economic, Social and Cultural Rights (ICESCR). And under the term of the ICESCR is either to protect the Right to Adequate Housing and involve the need to ensure equitable access for the poor not only to housing but also to land.[1] The object of this term paper is: Right to Adequate Housing? which this argument is relate most to Housing Eviction and the paper will be focusing the most detail in Cambodia, why - because housing rights is not prevented in Phnom Penh. I, myself, interesting to this topic to discuss because firstly I’d like to define what is the right to adequate hosing. Secondly, I’ll explain what is this right to adequate housing play as important role in society.
a. The government obligation to housing right base on Human Rights
b. Impact by inadequate housing
The last point, I’ll pick up some case study to explain.

II. Define what’s the right to Adequate Housing

The right to adequate housing is the right to have security of tenure, or legal protection against forced evictions. Forced evictions have been defined as “permanent or temporary removal against their will of individuals, families or communities from the homes which they occupy, without the provision of and access to, appropriate forms of legal or other protection”.[2]
Working definition of the right to adequate housing as “the right of every woman, man, youth and child to gain and sustain a secure home and community in which to live in peace and dignity” (E/CN.4/2001/51, para. 8)
Adequate housing, in accordance with general comment No. 4 of the Committee on Economic, Social and Cultural Rights (CESCR), should be included:

- Legal security of tenure
- Availability of services, materials, facilities and infrastructure
- Affordability
- Habitability
- Accessibility easy to access
- Location

The right to adequate housing also received wide international attention, it remarkably in the Global Strategy for Shelter to the Year 2000 adopted by the General Assembly in resolution 43/181 in 1998. It stated: “Adequate shelter means...adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities – all at a reasonable cost.”[3]

III. What’s this right to Adequate Housing play as important role

This adequate housing is important, base on, the ESCR state that the status of adequate housing as a component of the right to an adequate standard of living, including related services such as water and sanitation. OHCHR mandate, he urges the government to secure adequate housing for all Cambodians in accordance with its international human rights obligations.[4]

This Adequate right is to prevent housing right violations, especially, avoiding forced eviction in Phnom Penh by conform to Human Right approach.
The former Special Representatives have repeatedly presented recommendations on urgent measures needed to address housing rights violations relating to the situation of children and women in slum areas, access to drinking water, health and sanitation, forced evictions, in particular of minority groups and in the border area of Poipet, relocation, resettlement and compensation. (See in particular reports E/CN.4/2001/103, para. 67, A/56/209, paras. 23-32 and E/CN.4/2002/118, para.81)

a. The government obligation to housing right base on Human Rights
Cambodia’s obligations to protect house right protection are clearly set out in international law. Moreover, the government agree to the particular international human rights treaties in 1992, including the covenant which openly guarantees adequate housing as a component of the right to an adequate standard of living. Due report of OHCHR/ Cambodia contains important commendations with regard to the right to housing, such as the use of landlessness as a poverty reduction indicator and the support of alternationve income generation opportunities for displaced farmers.[5]

1993 Constitution and 2001 and Land Law, In addition to recognizing and respecting “human rights as stipulated/ specify in the UN Charter, the Universal Declaration of HRs, the covenants and conventions related to human rights, women’s and children’s rights”, the Cambodian Constitution recognizes the right to enjoy private land ownership.
According to the 1993 constitution and the 2001 Land Law, no person shall be deprived/deny, take away of his/ her ownership, unless it is necessary for the public interest. Whenever such deprivation takes place, it shall be carried out in accordance with the procedures provided by law and only after payment of just and fair compensation. These provisions are especially important in the protection of housing rights against forced evictions.

b. Impact by inadequate housing

If the Right to Adequate Housing is violate so the more concerned of this wrong doing of this right may impact negatively on the habitability of adequate of housing and may result in forced evictions and displacement.
Poor standards of living, get low-income neighborhoods had no access to water, electricity and sanitation. Because of the lack of access to public utilities as it’s higher charge by private companies in community which they are living. The provision of services by private companies sometimes fails to follow safety standards. Sanitation conditions in those areas are also extremely poor, with open-air sewage and refuse spread under and around houses. This situation is especially disturbing in view of the annual floods, which exacerbate the risks of outbreak of disease. General understanding that the nature of the link between the right to housing and the right to safe environment: and it connected to:

- The right to health
- The right to land and food
- The rights of women and of children

IV. Case Study

Kok Pich Island: Koh Pich is an island in the Tonle Bassac river, around 68 hectares in size. In 2004, local official, along with the real estate development company 7NG, began to pressure residents to leave to island, which is to be stabilized and redeveloped as a “satellite city. The Overseas Cambodian Investment Corporation, through Canadia Bank, is the principal investor in the project. During 2004, the island’s more than 300 families, most of which are farming families who have lived there since the 1980s, were initially offered a small amount of money (around US$2 per square metre) and resettlement on marginal land in Kandal province. According to reliable reports, residents were verbally and physically threatened to make them accept this arrangement. The amount offered was much lower than market estimates and the relocation sites were unsuitable. Fearful and facing intimidation, many left the island, but over 100 families decided to stay. On 6 December 2004, these families were served with a 30-day eviction order by the Phnom Penh municipality. According to the Municipality, Koh Pich is state property and the residents have no legal rights. The residents vigorously disagree with this assertion. Intense negotiations between the families’ representatives and the municipality began in January 2005. The eviction deadline passed without incident, although there were incidents of intimidation from authorities, such as stationing of military police on the island, and seizure of the ferry that connects the island to the mainland.

V. Conclusion

In conclusion, Right to adequate housing is important to take into practice in order to voice eviction. By not violate, this right government need to carry right it away and it must conform to what’s this article said as in
the International Covenants on Civil and Political Rights (ICCPR) and Economic, Social and Cultural Rights (ICESCR). And poverty decrease, young people have more chance to school if this right to Adequate Housing is not violated. From my view point, I think government must be learn more about doing land concession on economic purpose because it’s one reason cause to Force Eviction. And if there is there is eviction, government should think about an appropriate place to put that people and that place should facilitate more material, facilities and easy for them to access.

VI. References

Economic, Social and Cultural Rights, Report of the Special Rapporteur, Adequate Housing, 2006
Rhodri C. Williams, Center on Housing Rights and Evictions
The Committee on Economic, Social and Cultural Rights (CESCR)
Stan Starygin, Human Rights and World Politics, 2007



[1] Id, 8(c), with regard to housing, the committee recommends that states, “establish housing subsidies”
[2] Id, paragraph 3.
[3] A/43/8/Add.1/para.5
[4] OHCHR, Economic, Social and Cultural Rights, E/CN.4/2006/41/Add.3, March 2006, p2
[5] NGO Economic, Social and Cultural Rights Monitoring Committee, Parallel Report Under the International Covenant on Economic, Social and Cultural Rights, August 2002, pp. 25-26.

Paññāsāstra University of Cambodia
Major: International Relations
Name: Nay SithaID: 04150Date: 03 Sept, 2007

Prof. Stan Starygin
Course: Human Rights and World Politics
Final Paper: Topic “The Right to Life and Housing in Cambodia”

Abstract: To share concept and raise the actual issues happens Cambodia relating to the right to life and housing. So, I want to raise the issue to discuss with professor and all of you.
According to the Universal Declaration of Human Rights, proclaimed by the General Assembly in 1948, the Right to Life and Housing is one of them. Cambodia is a country is a signatory most United Nations treaties and accords, and UDHR and ICCPR.
Actually, in developing countries as Cambodia, and other countries face heavily developing of urbanization, the government earnestly to place the homeless people outside the city. In the recent years, the Phnom Penh authority and other many replaced to uptown region. Really, most of the poor people got the new shelters through the intervention from other non-government organizations, but some live under tent with difficulty. Help the right to life mean improve human rights stated in UN charter and in the Cambodian Constitution chapter III, article 32. On the other hand, using forces to replace those people to the new place without any suitable shelter violates the Human Rights especially the Right to Life and Housing. However, some homeless people who leaved their home at rural areas and stayed on land of any company or state faced bad condition as inappropriate shelters, lack of sanity and can affect the beauty of the city, more over that situation makes much problems and affects the social stability. Moreover, That group of people are the goal of crimes, terrorism or thieves since their activity mostly are out of control of authority.
In other words, Human Rights is the main issue to solve. Among those human rights, the right to life and housing is key issue for Government to raise more in order to keep the stability in society . In short, The right to life and housing, is the major goal of the UN and government wanted to solve for eradicating poverty. So, government should have more improve for protect their own people.



I-Introduction
Cambodia is one of the three countries of former French colony in Indochina, and a member of the South East Asia Nations ( ASEAN). The population of Cambodia in 2005 was 14,8 millions, 20% of whom live in urban area. Through out the 1970s and a1980s, the country was ravaged by war , and under the Khmer Rouge whose policies resulted in near total depopulation of urban centers and genocide of more than three millions people. (1) Cambodia is now on the road to recovery, but the destruction of its urban infrastructure, institutions, and human capital has severe constrained the capacity of the country to develop. Cambodia is a country is a signatory most United Nations treaties and accords, and has adopted the Millennium Development Goals, (MGDs) the first, and most important of which is the eradication of extreme poverty and hunger. In term of the Human Development Index, Cambodia is a poor developing country that ranked 130 among 177 countries in 2003.
In the situation of human rights in Cambodia, especially in Phnom Penh, all of you see many cases about the deportation of people who live at the state or private lands. That are the issues that many massive groups focus on, and criticize the activities of authority and government removing those people to go outside the city and let them lived in difficulty with bad condition in lack of road, light, school, hospital ..etc that supports the living condition of people. In order to raise human right in the universal the United Nations established the UDHR and ICCPR for all the member states to respect for better of human being in the world, and the Right to Life and Housing is one of component of the human rights that the need of all nations in the world.
According to (2) the Universal Declaration of Human Rights, proclaimed by the General Assembly in 1948, the article 25 states that everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, closing, housing and medical care and necessary social services, and the right to security in the event of employment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control, and also in ICCPR ( International Covenant on Civil and Political Right, article 2 Paragraph 1 states that Each State party to the present covenant undertake to respect and ensure to all individuals within its territory and subject to its jurisdiction the right recognized in the present covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion national, social origin, property, birth or other status. the Right to Life and Housing is one of them. According the Constitution of Cambodia, chapter III, article 42 states that all person, individual or collectively, shall have the right to ownership . Only Khmer Citizen and citizens of Khmer nationality shall have the right to own land. Therefore, what government do for development the city by removing the homeless from the land reserved for investment without appropriate shelter is against so forth.
II-Social Context:
1-The Dispute of the Government for homeless people.
(3) In the report of ADHOC, the title of “Forced to Leave” in the end of 2006, we see that the administrative measurement of authority of government for development of the city through deporting the poor from the city at least 10 cases in Phnom Penh. This activities effect 4685 families and in other towns in the provinces. Forced to leave out from homes with no appropriate compensation or any change with agreement is violated the fundamental of people especially right to housing stated in covenant on right of economy, society, and culture in article 11. Due to the 1993 Constitution, article 44 , states, “The right to confiscate possession shall require fair and just compensation in advance.” The article 5 of land law in 2001 also states that confiscating any possession can be exercised under the law, procedure and order after providing compensation and fair. In the last complementation, we saw that the authority of government did not follow what stated in the laws above. Removing people from region to another processed with on plan exactly and without proper infrastructure. So, that activities violate the fundamental human rights living with honor and health of people. As well as, the court did not solve the cases or any measurement to the human rights abuse, and only said that this case was out of their his ability. Based on our observation, the court seemingly were afraid of the executive power. Because of the seculars from the authority, the court did not accept the victims’ complaints. This showed that the court have no independence and it was unconstitutionality in the principle of the law.”
2-Case Sudy: Conflict between state and homeless people.
(4)"On 3,4,5 May,2006 the Phnom Penh authority forced people who lived in village 14, Sangkat Tonle Basac, Chamkarmon District to leave for Tropeang Angchanh, Sangkat Tropeang Krasang, DangKor District, Phnom Penh city, about 32 km far from the old place and a family accepted 5 meters x 12 meters.
On 31 May, 2006, the violation happened between the securities and the villagers in village 14, area the land was not solved ready , and authority obstructed people from establish making their shelters, and always interfere the villagers. The security forces remove the sun their shields, and in the bad situation, those people lived under violence.
Finally, on 6 June, 2oo6, around 5 am, the municipality authority deployed military police, civil police, isolated those people and they prevented the journalists, newspapers from entering that area for information. In the same day, all remaining people were transported to the new place, Andong village, Kuak Rokar Sangkat, Dangkor District, Phnom Pemh city, during that six villagers were detained. "
3-Affection:
However, authority attempt to solve many problems that happened during the process of removing people from the states, and private properties that the state had policy for investment .
They try to compromise much time and persuade people who had lived in the reserved land of the states some are the public servant that had contract to leave without condition. For example, the community had installed in the Preah Monivong hospital for many years. Most of them were aware that this is the states property, it would invest it to the private. But they wanted compensation from the state or company who get investment from the states. The conflict that lasted for times was compensation. Moreover, in the dispute situation, some people take occasion to come into for compensation. For example, in Dey Krahom ( Red Land ) Community, they authority removed them to the new place, the among of people increased twice, so the land had reserved for them was up, and some people were no land to accept.
So, deporting people from their residents violated the UDHR and the constitution of Cambodia in many article and chapters. When they are deported to the new places, where no, school, hospital, market, pagoda, and lack of clear water, electricity, road, clean, the way to make money, and suitable shelter, they face difficulty in their lives. Children quit school, they lack food, living in bad condition caused them serious ill especially they meet the serious problems like malaria, dengue fewer. Moreover, they quit school , they have much time to go for a walk every where and concentrated with bad group of people that used drug, and committed robbery , thieves that cause the trouble for the whole society. That cause the living condition of people became bad and going to the deep poverty.
Actually, in developing country, Cambodia, and other countries face developing of urbanization, the government earnestly to place the homeless people to outside of the city. In the recent years, the Phnom Penh authority and other many replaced to uptown region. Really, most of the poor people got the new shelters through the intervention from other non-government organizations, but some live under tent with difficulty. The problem involved complexly in that issues and there are much causes that caused people and authority face. Even government are very upset to solve that problems. In addition, the government got pressure from civil societies and other organization about the human right. Those interest groups accused authority to dismiss people, intimidate and menaced them in order to serve only interest of some companies and personality. In order to examine the real causes that push complex issue on removing people to another places out sides of city. In case of the state land, you can read the constitution of Kingdom of Cambodia, (5) in article 49, in chapter III and the first paragraph states that all citizens shall respect the constitution and laws. Also, in the chapter V, article 48, it states that notably comprises land, mineral resource, mountain, sea, underwater, continued shelf, coastline, airspace, islands, rivers, canals, streams, lakes, forest, naturals resources, economic and cultural centre bases for national defense and other facilities determined as state property.
To control, use and management of states properties shall be determined by law.
The same chapter and Article59 states that the state shall protect the environment and balance of abundant natural resources and establish a precise plan.
Further more, to live or use the state land shall be illegally or we can say we have no place to live and we live where ever we want. While the state need land to invest, they did not leave freely because they knew that state invest land to any company, and they did not delay for their plan; so those people ask the compensation for leaving though they were aware that they had lived on the state land. Among them, some always own other's land for compensation. Some came from remote areas, they met drought and flood, and some sold their land, and had no land to plant or farm.
III-Conclusion:
All in all, The implementation of the right to life and housing is a part of Human Rights that states in the UDHR of the United Nations, and also in the Cambodian Constitution, are limited, and not best, better than many years passed. In the practice of Cambodia government, we see actually that the activity of government to guarantee the rights to life and housing inappropriately though they try to avoid the criticize by the international communities and other civil societies. Many ways that government attempt to solve for better resolution failed inviolately, but we see that they have much plans to restore everything support the life of people in new place. All many issues happened above caused by poverty, bad governance, corruption, transparency, and in acknowledgement from the high of local authority. A small issue can grow up beyond the settlement. As a proverb says that “ Establishing the gate after the buffalo run out .” This means that when the buffalo is here, we don’t care about the gate, then the buffalo run away, we state to make the gate to protect it. So, there is no use to make the gate when the buffalo went out. In the reestablish the country, government need more time to manage, and they will face very complex problems resulted from the war. Cambodian is a country that changed differently many political regimes, and everything that serve the social interest.
In other way, However hard work to do, the government should take the great burden in accordance with the Constitution to guarantee the right to life, and providing shelter or housing to their own people, in order to keep the stability of the society the to ensure the small gape between the rich and the poor, also, to protect the states properties to keep the sovereignty of the states , and another duty to guarantee the properties of the private, to protect the property of investors.
More over, the government should face the main problems, first, they must protect their own people rights from hunger, violence, or unemployment, and protect right to life and housing. Second, to ensure the stability and development of the society. Government must protect the property and passion of private, investors stated in intervention and Covenant of the UN, and in the Cambodian Constitution. People live under poverty line means that they violate the human rights. In short, Human Rights should be mostly protected by government because it can affect the stability for the society.
IV-Recommendation:
Government should play a major role to solve the problems by in violence. At first, the should increase The Development spread in the remote areas. It means that employments must be created in remote areas that most populations there this measurement can protect bias growth of population. Another one is that government build department and establish infrastructure of road, education etc. to support their lives before replacing them. Government should improve farming in order farmers have job to do and they will not leave home for the city. Moreover, some institutions involving for agricultural products should attempt to find market place for their products. We have seen already in the principle of government in The Rectangular Strategy of the royal government states in the side 1, But the practice, the process are slow down. According to the (6) states that Cambodia relies heavily on agriculture. Poverty in Cambodia is dominantly a rural phenomenon, with some 90% of poor Cambodians living in rural areas. Agriculture employs 70% of the labor force while industrial employs only 8%.
These measurement can prevent the remote area from rushing to city. Unemployment in remote areas caused much problem for government to solve. At first, they rush into city and mostly the poor that can not afford themselves in city so they try to stay anywhere they can, even though, on the land of any company or the of the state. That caused great problem in human rights especially for the right to live and housing when government face developing and can not afford them for providing housing in outside of dispute lands, and That is problems when government use force to remove people that do not agree to leave. In the solving the installation of homeless people in another place from Phnom Penh, problems yet continue to happen because of unemployment in the remote areas, caused by drought, dried up land, lack of market for agricultural product etc..
Need government to earnestly solve.
Political parties: All of them should raise the national benefit the main one. Competition in fair way in elections. In solving problem on removing people from states lands and company lands are the business for the state and political parties to gain popular from people for another election. Some political parties encourages people who live in the state or any private owner and claiming huge compensation that make difficulty to solve. Encouraging people to respect the laws, duty, and other regulation that help them to afford themselves to live independence. In the country whose people are lack of law awareness is slow developed. There fore, they should encourage them to be aware of their rights and duty to be good citizens.
Civil Societies : should provide the propagandas for people the laws of the government to the people because some people are illiterates, they don’t know the law. Some think that they are the citizens of the state so they can do everything they want and they only confess that they don’t know the law. Also, they are poor they need everything as other. Civil societies should explain them about what they respect the law that must everybody should. They should raised other countries and their own people respect each other. Encouraging people to complain what government , but they do not acknowledge people their duties and tasks make them confuse their role as a good citizen in respecting the laws. In the developed countries, their people well respect the laws because laws guarantee the stability of society. So, the civil societies, have important role to drag the people attention if they do well, people trust in them, since they think that those institutions work without benefit and stay beneath the people and can help people more than government.
People themselves: They should know that they should be the good citizen for their society. Some people complaint a lot about their rights in society but they forget their duties and tasks as they are the citizens of the countries. Because lack of knowledge and they do not improved themselves in knowing the laws, their duties, tasks. They should express what government should not do, but they should not do. The should know owning other's land , is illegal , because constitution guarantees the right and properties of everyone. They should be encouraged constitution of Cambodia,(7) the article 58 band 59 of chapter V, also mentioned above. In short, if we complain our rights and we don’t care other. What will happen ? It affects the stability of the society. The problem is that investor have no trust on government, on our people and they run out for other places. In short, we want anyone respect us, we must respect other.

Footnote:

(1) Brian Roberts, and Trevor Kanaley, Urbanization and Sustainability in Asia, by, 1st ed, ADB, The Philippine, 2006. Page 70.
(2) Human Rights and World Politics, by Stan Starigin, 2007.UDHR, article 25, Page 161
(3)Publication of ADHOC, Neak Chea, issued 279, July, 2006 year
(4) ADHOC, The Human Rights Situation in 2006, issued 6, Jan, 2007, Page43, Paragraph2.
(5) Roberts, Brian and Kanaley, Trevor Urbanization and Sustainability in Asia, 2006, in Philippine, ADB bank Page 72.
(5) Constitution of Cambodia book (1953-1993- page16.
(6) Brian Roberts, and Trevor Kanaley, Urbanization and Sustainability in Asia, by, 1st ed, ADB, The Philippine, 2006. Page 73..
(7)constitution of Cambodia,(8) the article 58 band 59 of chapter V. Page17.

Reference:
1.Publication of ADHOC, Neak Chea, issued 279, July, 2006 year 13th.
2. ADHOC, The Human Rights situation 2006, vol6, Jan, 2007, year 13th.3. Urbanization and Sustainability in Asia, by Brian Roberts, and Trevor Kanaley, 1st ed, ADB, The Philippine, 2006. 4. Constitution of Cambodia book, Raoul M. Jennar ( 1953-1993).5. Human Rights and World Politics, Compiled by Stan Starigin, 2007.

Final paper

Dear professor;
I writing with the concern of lossing my final paper submission that I posted last night at 8.45 Pm. It is very suprise that I cannot see it now. I am very concern about it. I am sure I did post it last night. So I do hope that you understand about that and accept my second post.
Regard,
Men Ka
Pannasastra University of Cambodia
Faculty of Social Science and International Relation
Final paper of the human Right and world Politic
Student’s Name: Men Ka
Professor: Stan Starygin

Children right to education in rural area of Cambodia
Abstract
We already know the illiterate people rate in the remote area in Cambodia is still high compared to other countries. Many children can not access to education because they are busy with the house work or they do not have school and they can not afford to school because of the family condition. The majority of the illiterate people are girls because they are the main actors in the family in doing the rice field. So in this paper is going to talk whether the girls in the remote area have right to education or what since the country is adopted the declaration and the covenant regarding to the human right. For example, the Universal Declaration on Human Rights in the article 26 states that “Every one has right to education”. [1] This paper also elaborates on why they can not access to school or why they decide to drop their children from school and who, boys or girls, are the targets of dropping from school. It also elaborates on whether they, the people in the remote area, understand the law or not.

I. Introduction

Cambodia is one of the countries that ratify a lot of international declarations and covenant regarding to human rights; they even insert the declaration into the constitution of the country. However, the reality of the implementation of those treaties applies to human right is still a problem because a lot of cases arise, for instance, the case of domestic violence, women discrimination and child labor right violation. The crucial problem that every body can see with the naked eye is that the majority of the educated people in Cambodia are men rather than women. According to the survey done by the ministry of education in 2003 showed that the majority students in schools are boys but not girls. Most of the girls in the remote area, they at most, are able to learn to know how to read and write only and then they decide or have been decided to quit school to help family. Seeing that the ministry of Education Youth and Sport of Cambodia set a nine grade policy, a policy in which all students in the country are subject to process till grade nine without taking final year examination of the primary school to study the secondary school as the previous one that every body must pass the exam of grade five in order to study grade six which the fresh year of secondary school. There are many factors that causes such case arises but the main factors that most people face are the old traditional belief, economic reason. This does not only happen in the country side or the remote area but it does also in the city but let us discuss about the problem happen in the remote area. However, the major factors that we concern are the traditional belief or practice, the economic reason, and the lack of law understanding.

II. The economic reason

The economy in Cambodia depends strongly on the agriculture in which the work needed a lot of workers to do it. Most of Cambodian people make the living by doing rice field and plantation and they do not have advanced technology as the other countries that use machine for doing it. They use the traditional farm by using buffalos or cows to plough the soil and they need a lot of labors if they have a lot of land. The people that are familiar in doing most parts of the field are girls rather than boys. As a result most of the girls drop the school that they have just been at second or third grade of the primary school either voluntarily or they are asked by their parents to drop school in order to help family in doing the rice field and in order to help them take care the house work because they think girls seem to know much about the housework than boys. According to the chart of the strategic plan of the ministry of Education in 2006-2010 show that the rate of the enrolment of the primary school between boys and girls are similar in the remote area while the statistic show that 82.5% of boys have enrolled and 79.4% of girls have enrolled in year 2004-2005.[2] Furthermore, when Cambodia opens for privatization and factories are invested, many young and adult girls decided to drop the schools for the family economic. They think when they drop school and work as the factory workers; they more or less can help the family besides doing the rice field. Most of them are asked to stop from schooling to ease the family though they are not happy to do so such as the case of Chan Leang below.
Farmers in the remote area, when the season of doing the rice field is finished, do nothing but consuming what they got after collecting the crop of their product. They do not have extra work to do to save the income of the family. Therefore, they send their children to go to the city with the expectation they will have work to do as the garment workers in the city and can support the family though they are learning. If they continue to let their children to study, the whole family will go starving. So they decide to stop one and can ease the family. To quit from school because of the economic reason is not only in the country side but it happen also in the city such as the waste collected children or street children.

III. Traditional belief and practice

In Cambodian society, especially in the remote area, most of the old people have a concept that girls can not do every thing as boy. They treated girls to be house keepers and the only wife who take care the baby, do the house works and cook for husband and children. They do not expect girls to have good job in society but only the husband who is money makers and wife is the keeper those property that husband has earned. Another thing is that the Cambodian culture is not allowed girls to go far from home because they are not easy to take care, especially they afraid that when the girls come out from home and far from the sight of parents, they are easily to get contact with boy and then they are the ones who suffer from boys.
These concept, though some people think it was the old practice of the ancient people, but the reality is that they still practiced in the remote area of Cambodia. The reason that children, especially girls are not allowed to continue the study is that one; the school is far from home and because of the strict tradition and the thought of those old people that girls are supposed to be born to take care the house and family while husbands are the hunter. They never expect girls to be the leader but the only people who follow the husband and parents because they believe when girls know how to read and write, they are afraid their daughters write love letter to boy who they love and that will effect to the strict culture that was left to practice by their ancestors which have been practiced thousands of years.

IV. Lack of law understanding
Most of the people in the remote area are illiterate people in which some of them are not able to read and write the Khmer letter. And in term of law, they do not understand but they just follow what the authority tells them to do. What they believe is what they have practiced in their community. When there is crime happen in the community, they do not know what to do and where to go so that it is easy for the authority who take chance to get profit from the case by compromising what that should not be compromised and those are against the constitution. Even though the constitution states that every adults and young adults of Cambodian people have right to access the education with quality and equity to receive knowledge through the constitution of Cambodia, they still do not allow their children to continue to school because they are afraid of their safety and security.
As I have made an interview many people in the remote area of Cambodian in Svay Rieng province where it is very far from the crowd place, they told me almost the same thing that they do not allow their daughter to study far from home because they concern and worry about their safety. There are many cases regarding to drop school because of the economic reason and because of the traditional practice in the remote area of Cambodia.
V. Chan Leang Case
Cheng Meng village is one of the villages in Angtaso commune, Svay Chrum district, Svay Rieng province. Chan Leang is the 17 years old girl who is now working as a garment worker in one of the factories in Phnom Penh. She has two sisters and five brothers. She is the one among many other girls in the village who has not been continued to study in the secondary school because the family condition and the traditional belief of her parents and grand parents. She was asked to quit from school when she was at grade two of the primary school in her village in order to help her parents in doing the rice field and some other house work such as selling vegetable and fruits that they plant in her house compound.
When I first met her, she was sitting in the yard out side her rented room with a few friends who are working with her. We did some greeting and I show her my student Identity Card of Pannasastra University of Cambodia and telling her that I needed her answer for some question since I work on the right of children to education, especially the girls in the remote area. She said she has no time for that and I dated her for another day. She said she has time on the 3rd September. I agreed with her and then we made an appointment by 2.00pm.
For the second time of the 3rd September, I started question immediately when met her. I asked when she came to Phnom Penh for her work. She said she came here for four years and he has helped the family a lot. Again I asked her whether she was able to read or write the Khmer letter or not. She laughed and whispered me that she was shy to say about it but she must tell me the truth that actually she used to study but only in the grade two since she was ten. “I enrolled late but early to quit early”, said, Chan Leang. “ I was asked to quit from school when I was at grade two because my parent said that I was not suppose to work and the minister because it was the boy duty. My duty was to take care of family and cook for husband.” She continued that she really wanted to continue her study because she wanted to be lawyer to protect her property when they are violated by other people. However, it just her dream and that dream never comes true. She did not understand what the right was at that time and even now. Her right was in her parents; whatever her parents told her to do that was her right. So when her parents asked her to quit from school, she must do so.
As a result that she came to Phnom Penh, she started to realize that education is important and she was regret about that and said if the time moves backward, she must stand for her right and continue to study. But everything is over, that just the only her dream, she said.
She also said when she has husband; she will get her children to have knowledge because they can build their future because she is the one who is not happy with what she deserves today. She also told me that if she has knowledge, she may have job that is better that this and her parents will be more helped because of her knowledge. And if she has known that she was the one who take care the whole family, she might reject her parent’s proposal and continue to study.
At last she recommend that she insists the government and civil society will help improve the understanding of the right of the people in the remote area through whatever media that can deliver to the target and that there would be the result as she has today.

VI. Conclusion
Though the country as Cambodia that ratifies the international laws in the constitution, there is still a problem regarding to its practice in real situation in the country. As we see clear in the case raised above that girls seem to be discriminated in the remote area and it seem girls have more duty than boys because they are supposed to work in the rice field and take care of family and cook for family.
I would recommend that the civil society whose duty is related to the right and government should have concern about this matter in the remote area and strengthen the right to them and let them get equal education and do not let them feel regret when they understand they should deserve it.

VII. References
1. Human Right and World Politics (POL 305), compiled by Prof. Stan Starygin, 2007.
2. Kampuchasoriya magazine, Buddhist Institute of Cambodia, May/June/July 1994.
3. Cambodian Constitution
4. Strategic Plan of Ministry of Education for 2006-2010
5. Human Development Sector Report, East Asia and the Pacific Region, the World Bank( the quality Basic Education for All), January 2005


[1] File://C: Documents and Setting /Dara/Desktop/ Stan/Human rights/UDHR.htm
[2] Strategic plan of Education2006-2010, ministry of Education, p 6 (Khmer Text)

Tuesday and Thursday Meetings

Hi Dara, et al,

Yes, we do have a regular class on Tuesday and Thursday this week.

Stan

Asking

Dear Teacherd!
Do we have class today on Tuesday 04, 2007? We just give comment.

Thanks

End of Submission Period

Thank you all for submitting your final papers. This is an official notification of the end of the submission period.

Final paper: "The women rights in Hamurabi and the women rights in Magna Carta"

Pannasastra University of Cambodia

Final Paper for Human Right and World Politics.
Topic: The Women Rights in Hammurabi and Magna Carta

Prepared by : Muy Sopheak

Abstract :

I am choosing to compare the women rights in this two period of time because I think that in this countries have differnces women rights. According to our study we can know that Hamurabi was the king control by absolute power and in the Magna Carta is the lead to democracy. In this topic I want to make everyone know about how the king give rights to women in the Hamurabi. And I also want everyone to know that how do the women right developed from the time of Hamurabi to the time of Magna Carta. Before there was no UDHR and others declaration to protected human rights. So in this topic I want to know how did this two countries treated their own citizens.At last, I think that this comparism could help us know how do the women rights develope to the present time.

Content:

I. Introuduction

II. History

1. History of Hammurabi

2. History of Magna Carta

III. Women rights

IV Analysis

V.Conclusion

--------------------------------

I. Introduction

Nowadays, women have been protected attentively by the government and NGOs. Now there is a law to eliminate the discrimination and violence on women and those who violated this law shall be punished. In order to show how the women rights were created, how the society value women and does the women been protected by law or not. I have chosen the law during the Hammurabi and Magna Carta.

II History
1. History of Hammurabi

The code of Hammurabi was created in 1780 BC. This code was the earlier sets of laws that lead to have the law in recent time. The code had divided clearly the whole population as falling into three classes, the Amelu, the Muskinu and the Ardu. The Amelu means the higher official, the Muskinu means freeman that have small land or farm and the Ardu means the slave.
In the code shows about the roles and punishment, if the roles are broken, the punishment could be as small as fine or as big as sentences to death. The law does not accept any excuse or explanation from anyone who done something wrong. The law was very easily to find and read because everyone can read it on the stone in the city of Babylonian. The law was carved on stone that cannot easily to change.
In that time the king was just called him self <> and this code was written down in order to please his gods. However we can see that the king has absolute power and he controls all the power like adopt law, holding court and punish people.


2. History of Magna Carta
Magna Carta is an English charter originally issued in 1225. The Magna Carta was the historical processes that lead to the rule of democracy today. The reasons why Magna Carta was created because of the disagreements between Pope Innocent III, King John and his English barons. The disagreement was about the rights to the king, the barons want the king to respect the law and that the will of king could be under the law. There were many events that lead to write the Magna Carta. After the Magna Carta has written down every things was under the law except the will of the English Barons. The law was very differences from Hammurabi time and the punishment also slightly.

III Women Rights

If we are talking about the women rights during the Hammurabi period we can see that the king does not give the value to the women but the country does empower to the men. If we read through the Article 131 and 132, we can see that the men and the women are very difference. In Article 131, if the men been accuse with other wife, but they’re not surprised. So the punishment for the man is fine, but for the woman, she must take an oath and then she can return to her husband’s house. In Article132, if the woman just <<>> with other man but they don’t have evidence to accuse that woman. So the woman shall jump into the river for her honesty with her husband. In this case the woman is not surprised with other man but the punishment is jump into the river. We can see in this two article that the man have very strong power and the woman do not have any rights even rights to defend her self. If we read Article 138, said that if the men want to separate from his wife who has not born him children. He just gives her dowry and purchase money that she brings from her father’s house back, so he can let her go. In this article the man can divorce with a woman for just a small reason. However, the law does not give right to women who want to divorce her husband. It means the woman have to live with her husband even she does not satisfy with her husband. All in all the women rights in Hammurabi time was not good. King has the absolute power and gives power only to the men. So we can imagine that a woman in Hammurabi time don’t have any rights, even right to defend her self.
In Magna Carta time the society give the value to the women and the women have ability to defend her self. The Law stated clearly about the rights of men and women. If we are reading through the Article 54 said that <>. In this article show us that the women have the rights to defend her self and no one can force her to appeal in the court. If we looking back to the Article 7 and 8. It said about the death of woman‘s husband. Then she just stays at her husband’s house for only 40 days so this woman can leave her husband’s house with her dowry and inheritance without any troubles. So long the woman can live without a husband until she wants to marry again. And no one can force her to marry with him or force her to marry with other man. That was the good point in Magna Carta; the law expects the woman rights. That no one can ruin in the woman life. This can show us that the woman rights in Magna.Carta were developed.

IV Analysis

I think the women who live during the Hammurabi have no rights and were suppress by men. The thinking of the leader at that time that the men were the head of family was very self fish. At that time the king hold all the power (absolute power) so when he adopt a law, he didn’t value women. When the women have make a mistake, the society didn’t give the opportunity for her to explain her reason even when she didn’t make any mistake but she shall be punish. We can see that women are week that need law to protected her, yet the law didn't protected her but suppress her.
For Magna Carta the society value women and promoted women. At that time women been protected by law and also have to own something. Moreover the law didn’t state about the punishment on women. So we can say that the women right in Magna Carta was developed.

V Conclusion

To conclude, we know that from the time of Hammurabi to the Magna Carta the women rights were developed. The Hammurabi was the first sets of law that lead to our world but the power were under only one person. And moving to Magna Carta was also the first law that led to democratic today. So we can see that the democracy country is better that the country that control by the absolute power.
At last, in my point of view I think that the women shall have the equal right with the men. In our modern world women are able to work for the government, participating in politic and she also can be a prime minister or president. As we always heard one sentence said that . This can tell us that we cannot live in this world without women.


Reference:
HUMAN RIGHTS AND WORLD POLITICS (Compiled by Prof. Stan Starygin)

Final Paper: HOW HUMAN RIGHTS OFFENDER ABLE TO FLEE FROM JUSTIC

Pannasastra University of Cambodia

Final Paper for Human Right and World Politics.

Topic: HOW HUMAN RIGHTS OFFENDER ABLE TO FLEE FROM JUSTIC
Submitted to: Prof. Stan Straygin
Course: Human Right and World Politic
Prepared by : Key Manera
ID: 06437

Abstract:

My paper will be talking about how someone who committed illegal act on human rights can escape from justice and what are the causes of exemption from punishment or freedom. From what I’ve learnt so far I found out that there are many things that could be the causes of getting away from punishment when they committed illegal act. So I am going to take some case study and give recommendations that could reduce the problem of exemption from punishment in Cambodia.

Content:

I. Introduction

II. The cause of exemption from punishment
- Problems in the Law Enforcement Process
- Lack of an Independent Judiciary
- Poor Cooperation between Police and Courts

III. Case Studies
- Kompong Speu: Execution of Teenage Boy by Official’s Bodyguards

IV. Conclusion

V. Recommendation.

------------------------------------------------------------------------------------------

I. Introduction.

If we look into the history of Cambodia during Pol Pot regime we can see that Human Rights in Cambodia is completely destroy, there was no Human Rights in that period of time. The stronger is the winner and those stronger is soldier that they hurt people whatever they want to, there was no justice. So the problem of exemption from punishment in which criminals escape justice happened a lot now in Cambodia even in the past until now a day there are hundreds unpunished crimes committed by current of government authorities. So why can’t we punish those government authorities?

II. The cause of exemption from punishment.

There are several reasons for this problem, and those are because of the army and police have unclear lines of authority, army and police they mostly t serve only to political interest. There are problems in law enforcement and the judiciary system in Cambodia is not independent sometimes its under the pressure of government also the relationship between the police and the courts is poor.

- Problems in the law enforcement process.

In 1998, there are 6 % of arrested suspects was killed by police. At least one in every thirteen arrests resulted in either dead or injury (1) . The police say they use guns because criminal use it too, actually the reality in Cambodia in 99percent of cases the robbers use gun but some police just kill thief or robbers without taking any action just shoot them because they afraid the suspect will open fire on them. The policeman’s reflect is to protect himself not to implement the law. And reason why police usually do this is because they figure out that the whole system will not punish them for shooting, so why shouldn’t they do it to protect themselves? And people mostly are happy when they see police could kill robber or thief, but it is the wrong doing of the police. being a police you cant just shoot any suspect you like and say those robber or thief use gun so what I’m doing is to protect myself. It’s part of the culture of implementing law and order.

- Lack of an Independent Judiciary.
For the state based on rule of law must have an independence judiciary. Most of the judges and prosecutors in Cambodia come from political party so they have been beholden to political party that in turn under direct control of top government officials. So for example Mr. A is a high ranking police man and also a member of a political party committed a human’s rights crime and the case has been brought to Mr. B who is a judge that works on Mr. A case. And while the investigation if there is a intervention from any high ranking government officer to the judge than the judge have no choice to deny because the judge is come from that party if he doesn’t follow he might be take out of the place so he has to follow. So Mr. B who is the judge will just keep the case away and say it is not enough evidence or something else therefore Mr. B must release.


- Poor Cooperation between Police and Courts.
Because of the judiciary system in Cambodia is not independence is under the pressure of the government. So court is never happy with the government therefore this could lead to the lack of collaboration, trust and respect to each other between the courts and police and is often a factor in the poor implementation of criminal justice procedures. Because in some cases the police take their life to take a risky action to arrest thief or robber, but then the courts are corrupt and slow to act, than the criminals are allowed to escape.

III. Case study


Kompong Sper: Execution of Teenage Boy by official’s bodyguards.
It was on February 23, 1998, three body guards work for provincial governor in Kompong Sper shot a 16 years old boy more than a dozen of AK-47 bullets into his body after he climbed the wall of the governor’s area. There was a person who live near by governor’s area house said that “ I woke up about at 3am and hear the sound of running in the governor’s area and the sound fighting, then the sound of beating and someone was crying and said please don’t hit me I steal only chickens” about half an hours later I could hear many shots” .

When they caught the boy they did not shoot him immediately, he was tortured and then shot. But police report did not mention any torture but stated that a group of thieves jumped into the governor’s area in order to steal the governor’s property.
The police report’s conclusion that boy is a bad person who along with a number of his associate used to commit illegal things which affect public order such as stealing people’s belonging.

Police reports did not mention any torture but stated that a group of thieves jumped into the governor’s compound “in order to steal the governor’s property” and that police on duty at the time “shot to death one thief.” The police report quoted one of the bodyguards as saying that at 4:35 a.m. he heard a goose honk and a dog bark, and saw a stranger climbing over the governor’s wall.

More than a year after the killing of the boy, no charges have been filed, nor has a lawyer been authorized to represent the boy’s family. The family filed a complaint with the court and contacted a legal aid organization for assistance. Meanwhile the three bodyguards are reportedly still at work in the provincial town. The prosecutor at the Kampong Sper Court explained the delay: “If the Ministry of Interior doesn't allow us to file charges, then this case is stopped. We wrote a letter in August 1998 to the Ministry of Justice. If they don't respond, we cannot proceed because of Article 51.

Under Article 51 of the Law on Common Statutes on Civil Servants, until the prosecutor receives authorization from the bodyguards’ supervising ministry, which in this case is the Ministry of Interior, charges cannot be filed nor can lawyers be assigned to the case. To date neither the Ministry of Justice nor the

After that the case is quiet. No one has been helpful in pushing this case, because it involves powerful men. The small people don't dare do anything against them.


IV. Conclusion

All in all, we can see that human right’s offender can exemption from punishment is because of lack political will, lack of independence of the judicial and law enforcement system and also minimal cooperation between police and courts and fear of both bodies to investigate and prosecute crimes committed by the armed forces.

V. Recommendation

I think we need to have some changes to reduce the problem of exemption from punishment in Cambodia and those changes that should be made are:

Military and police- should take step to establish a real neutral police and military by minimum qualification for entry into service and competitive hiring procedures and by creating an independent appointment committee,

Judiciary- must be initiate serious independent and thorough investigation and prosecute those responsible for hundred of summary execution, incidents of torture and other serious human rights violation.

Monitoring on human rights- support the work of local human rights organization and the Cambodia Office of the High Commissioner for Human Rights so that they can continue to assist in monitoring and investigating.

------------------------------------------------------
Footnote:
-(1) HRW rerview with Mav Jandara, chief of general staff, Ministry of Interior, Phnom Penh, April 13, 1999.
-Criminal code 1993
-Article 51 of the Law on Common Statutes on Civil Servants

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Comparative on Right to Religion on Cambodia and Malaysia

Comparative on Right to Religion
on Cambodia and Malaysia

Name: TES Loudeth
ID : 0576
Prof : Stan
Date : September 3, 2007
Submit to Prof. Stan Staryging
Outline:
- Cambodia
- Malaysia
- Conclusion


Abstract:
As we have known that Cambodian is the Buddhism, according to the Constitution people have the right to belief whatever religion people believe. In this essay we will take a look on Cambodia and Malaysia country. We will tell you and let you compare by your own self about how different Cambodia and Malaysia in the way they practice in Human Right. Cambodia is a small country in Southeast Asia and Malaysia also. However Cambodia is just a poor development country but how they practice their religion is in peacefully, it’s contrast to Malaysia that is kind of more developed than Cambodia but it’s seems different how they practice their Human Rights. This is could be because Cambodia put Buddhism is a national religion even in national motto, which is the religion that teaching people in a peaceful, no violation way. But Malaysia has put Muslim religion as Federal religion to be official, which is the religion that easy to entry but it is difficult to get out.
That is why Malaysian has a problem on religion like the Lina Joy’s case who has wanted to change her religion from Muslim to Christian follower her boyfriend. She were file complaints three times: 1)- Her application for name change was rejected by National Registration Department (NRD) without any reason being given on 11 August, 1997. 2)- She made a second application for name change but this time to Lina Joy on 15 March, 1999. 3)- On 25 October, 1999 she was asked to applied for a new replacement of identity card.
So this case got it own popular mean and every body start to question whether this is the right decision for Malaysian?.


Comparative on Right to Religion
on Cambodia and Malaysia

Cambodia and Malaysia’s are located in Southeast Asia countries. However these two countries are in the same area of the world, they may have the same common sense about culture (Not very much but at least a little bit). The way they treat people or the way they practice something are almost the same, for example religion. Common religions those countries in Southeast Asia are Muslim, Buddhist, Hindu, and Christian.

Cambodia:
About 90% people are Buddhism because they think that Buddhism teaches people to avoid domestic violence, do not look down the poor people and should live depend on their self without interfered any body.

Cambodia constitution in art 43 stated: “Khmer citizens of either sex shall have the right to freedom of belief. Freedom of religious belief and worship shall be guaranteed by the State on the condition that such freedom does not affect other religious beliefs or violate public order and security.” This is mean that people from everywhere in Cambodia has their own right and decision to choose whether which religion that fit them most, and they has free right to change their religion without any problem or punishment. This article also stated that Buddhism is a national religion. Also in the national’s motto stated started with the word
“Nation, Religion and King” this is to show that in the society the people should think about those these things.

However that Buddhism religion always go first, but people who are the followers of other religion still didn’t have any action to against Buddhist people or Buddhist people rarely having problem with the other follower religion even the discriminations.

At the same time Art 31 of Cambodia also stated Cambodia constitutional recognize and follow the Universal of Declaration Human Right of United Nation and all the covenants that related to all Human Rights. In UDHR and ICCPR in the same art stated that “Everyone (shall) has the right to freedom of thought, conscience and religion; this right (shall) includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Cambodia does respect human right. In constitution of Cambodia they stated everything that people have to follow and respect human right and nobody can against it. For example, every Buddhism holidays like Meak Bochea, Visak Bochea, all people have set it in the calendar to be a public holiday, this mean that they recognize the religion as the National religion.

But we have a real different case in Svay Rieng that happened last year, people who are Buddhism got angry with the Christian people because there has no raining for them to grow the rice and they were convince their religion to people, so they were hit the church. After the church were destroyed the rain coming. So in this case it can make people more proud with their Buddhism. And they think that because of the church it does not rain.
People in that case, they didn’t really actually follow the real Buddhism. Buddhism never taught people that when there was no rain for growing rice, this is because of somebody else. The way they practice Buddhism is mixed with Hinduism. So it’s different and people don’t understand it. This case is rarely happen. Not many cases like this happen very often.

MALAYSIA:

As for Malaysia country, most of the people 60% of Malaysia’s 26 million people are Malay Muslims and only Muslim Religion is the religion of Federation. There are only 44% of Malaysia who are Buddhist , but they set many places for all everyone to learn about Buddhist religion and make it easy for anyone who want to study about it can find any information that they want easily because there are 350 Buddhist Organization throughout the country .

In Malaysia, there are 4 major religions. There Muslim, Buddhism, Hinduism and Christian. Malaysians are defining as a Muslim people. Muslim religion is a federal religion according to art 3 of Malaysia Constitution.
This is because Muslim is the federal religion that’s why seems that they give the priority to Muslim religion. For example, Lina Joy’s case is the popular case about a woman who wanted to change her name and her religion from Muslim to Christian . In 1997, she filed a complaint to change her name but it was rejected by NRD without any reason. In 1999, she filed complaint again for name change. Finally she got her name changed but she can’t get her Religion change. In 2001, High court of Malaysia ruled that if Muslim people wanted to changer her religion, then the Syariah Court is the one who decide that.

Malaysia is not respect the Universal Declaration of Human Rights. Malaysia is one of the UN members, so Malaysia must has to follow the Human Rights. In constitution of Malaysia did state that “Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation.” The decision violates the International law and disobedience the Universal Human Right to religious freedom. International law and the Malaysian Constitution guarantee the right to choose your own religious beliefs and change those beliefs according to your conscience. After the decision, Malaysia makes it clear that people who born to be Muslim is exception. They allow other people who weren’t born in Muslim to practice and believe whatever religion they want, ut they didn’t allow all the Muslim people to change their belief to another religion.

The fundamental rights are never absolute. They have to be balanced against others’ rights and subject to a few compelling limitations. For example, one can not claim the right of free speech to smear other person’s good reputation or to shout “Fire” in a crowded cinema. But Lina Joy has married a Christian guy, she absolutely want to convert her religion like her husband. She just doesn’t want to be Muslim. Because her kids must be designated as a Muslim or the kids must be taken away from them because they can’t be raised in Muslim.
But in my opinion, the majority on the Malaysian court was too quick to rely on such a rationalization. They didn't ask themselves what other rights were being balanced against, for example; they should also have looked harder at the practicalities of sending Lina Joy to the Syariah courts. Would she get a fair hearing? Should she have a sensible chance of success it?
The court ruled that the decision that whether someone is a Muslim or not is the jurisdiction of Syariah courts, not the secular courts. But it’s the role of secular courts to enforce the constitution. So, in the problem of freedom of religion, who is responsible to enforce that?
Without freedom of give up the religion then it would be no freedom in religion. This may be seen to some Malaysia people that “No duress” but it actually means no freedom to change religion. You can't make anyone stay on something they have other ideas on even if they were born into it. You just can't do such a thing. Religion has and will always be between you and whatever form of God you worship. To force someone to believe one religion when they already have something to believe in is like mental rape.
Just because you’re born into that religion, it doesn’t mean that you’re very into it. Lina Joy wanted to change her religion may be she thinks it’s fun and it’s more trustful, so we just can’t force her to believe in anything.

Conclusion:
So after we have researched this topic we can see that even in the constitution stated that we should respect human rights but in the real practice it may not a 100% perfect like in the book like in Cambodia. But in Malaysia government should provide the justice to their people even they are not Muslim religion or they will have a problem like in Thailand, fighting between Muslim and Buddhism because of the religion discriminating.

The Rights to Assembly in Democratic Kampuchea and People’s Republic of Kampuchea

Pannasastra University of Cambodia

The Rights to Assembly in Democratic Kampuchea and People’s Republic of Kampuchea

Course: The Human Rights and World Politics

Name: Moen Savoeun

ID: 03983

Submit to Prof. Stan Staryging

Date: September 3, 2007

Content

Abstract

1. Introduction

2. The rights to assembly in Democratic Kampuchea

2.1. The rights to assembly in business and job in Democratic Kampuchea

2.2. The right to assembly of religion

2.3. The right to assembly in politics in Democratic Kampuchea

2.1.0. The rights to assembly in People’s Republic of Kampuchea

2.1.1. The right to assembly in economics and job

2.1.2. The right to assembly in religious believes

2.1.3. The rights to assembly in politics

2.2.0. Comparison between the two political histories

3. Conclusion

Abstract
Rights to assembly is the rights that individual would be able to form in group to create party, organization, or association in religion, business or politics for their own sakes. These rights most likely practiced in democratic system to form pluralism and multi-party system. However, in Cambodia during the Democratic Kampuchea I found nothing relates to the rights to assembly to participate in these areas. Anyway, after the defeat of Khmer Rough in 1979, the constitution was changed to serve the new political era, the People’s Republic of Kampuchea. So, I choose this topic, “The rights to assembly in Democratic Kampuchea compare to the rights to assembly in the People’s Republic of Kampuchea”, as my study because it leads me to have better understanding about the rights of people in religion, business and politics in those political histories. So, what are similarities and differences of rights to assembly between the two regimes? And which political period provided more human right to assembly? Furthermore, I would like to understand more about human rights in the article 18 of ICCPR, which we have discussed in class lecture by Prof. Stan. These reasons force and direct me to do research on this topic because it is very significant to my study in this term, Human Rights and World Politics.

1. Introduction

Cambodian people were sadly practiced the rights to assembly in the period between 1975 and 1979. This included the rights to own business by individual or group was strongly prohibited for mutual benefits and interests. Moreover, the rights to association of religious believe, practice and worship either in group or individual. Especially, Cambodian peasant, workers and laborers did not allow creating political party and civil society. These freedoms of activities were banned in that political period because it might affect the government, national solidarity and goal of the revolution. Human rights were almost completely eliminated. So, what were the rights to assembly remained in Democratic Kampuchea? However, in the time 1979 to 1989 Cambodia had changed its political history and approached to the new Constitution created to control the People’s Republic of Kampuchea. Then what were the rights to assembly in that period? By comparing to the Democratic Kampuchea which more developed and why?

2. The rights to assembly in Democratic Kampuchea

Democratic Kampuchea was a political history which the world known as the dark period. The state applied the very strict rules to pressure people not to practice their rights. However, I have a strong desire to study the case of the right to assembly in that political regime.

2.1. The rights to assembly in business and job in Democratic Kampuchea

The right to own business and job, people had full rights to participate in work by in group to produce the demand yield. These groups were divided into different areas of works depended on skills and specializations; for instance, agriculture, factory and some of constructions. Collective products were made by collective farmers in each village or commune; consequently, created collected yield of rice. All farmers and workers had to responsible of their own jobs. They carried huge burdens because they were the “masters”[1] of their own jobs; and also, the master of their own fate and life. So, they worked very carefully and hardly for the community without any complain. If someone failed complete these tasks, he or she would have put to the highest degree of judgment, capital punishment. In addition, people had full rights to create surplus, but they had zero percentage of right to consume the surplus they produced. Surpluses were created by hard working. Hard working was responded by no food, no rest and no medicine. Instead, many amongst the inferiors were tortured and killed by accusing that they were lazy, betrayed the organization, bad sample to others, and break solidarity. Then these accused people became the enemies of the state. In deed, people had just the rights to do business or work for the state, but not their own because in that period we did not any currency. Thus, in Democratic Kampuchea people had only the rights to association to fulfill the state’s business, but there had no guarantee of rights to lives and live in the status quo.

2.2. The right to assembly of religion

The rights to assembly of religious believe was the right by which everyone would be able to believe in and practice any religion. The right was provided, but no one practiced it. The reason is simple to justify that the right to worship and believe would affect the whole society, government system and state’s policies. For example, it would affect the national solidarity. If anyone influenced and broke the system, he or she would become the enemy of the revolution. For the religious believe, not only the association, but individual was banned. In deed, Buddhist monks were considered as parasites, who lived depended on the others, not by their strength. Then those monks were impelled into labor and worker. Many monks were executed; temples and pagodas were destroyed or turned into storehouses or jails and people who were discovered praying or expressing religious sentiments were often killed.[2] The Khmer Rouge forced Muslims to eat pork, those who refused were killed. Christian and Muslim, a very small Jewish and Hindu populations resided in Cambodia at the time were killed along with Christians and Muslims because of their minority status.[3] More precisely is that everyone enjoyed the “right to worship any religion and the right no to worship any religion.”[4] It meant religion was not necessary for people to practice and believe, and people no need any religion. It was only the way to believe in the people’s organization, and the state applied zero religion. However, “cultural life”[5] people had the rights to enjoy the common practice through tradition and customary rules by which religion in the fundamental. Yet, people dare not to practice because any dangerous feature which committed against the state’s order he or she would punish to the highest degree of crime. Then capital punishment became deter people. If they practiced, prayed and continued to believe, the organization’s army would arrest or even kill them. Hence, people in Democratic Kampuchea became atheist. Consequently, there was no religion existed.

2.3. The right to assembly in politics in Democratic Kampuchea

master of their own state. They Political participation in Democratic Kampuchea is another way to show the level of human rights arose in that period. In democratic Kampuchea, there was no right of political participation is allowed, but politics of the state was supported by people and guardianship of the revolution. The intention of the state’s leader was to emerge people together to build and “defend the country.”[6] This is to claim that people and army could not directly to join in politics, but together had full rights to fill in the people’s organization’s interests, to fulfill and do in favour of the state because they were the state owners. These people fiercely fought for the state’s power and independent. Their oath had been fulfilled by the poor but strong hearted men and women. These people sacrificed lives and happiness. So, this people joined fully in indirect politics. Furthermore, the people were they would be able to change the state’s destiny. In fact, the people- workers, peasants, and Revolution Army wrote the Constitution with their own hands.[7] This stressed that workers, peasants, and guardianship were the most significant factors to join in the state’s policies because they the Constitution themselves to lead the state’s activities. In contradictory, the reality was different. The new people or the person who was not the founder of the Communist Party of Kampuchea had no right at all to participate voting and stand for election. Only the founder of the party, and (probably) the high ranking of Revolutionary Army would be able to stand for representative of the people. Then the right of individual in politics in Democratic Kampuchea was absolutely none.

Thus, the rights to assembly in Democratic Kampuchea guaranteed no rights to own business, freedom of believe and practice of any religion, and there was no right to participate in politics. In short, there had no human right in that political period.

2.1.0. The rights to assembly in People’s Republic of Kampuchea

The right to assembly in People’s Republic of Kampuchea was another human right which guaranteed under the Constitution gained by the struggled leaders and Vietnamese supports.

2.1.1. The right to assembly in economics and job

The life of individual in economy was guaranteed by the state, but people had freedom of economics to improve their living condition and for personal and family development. For example, citizens of the People’s Republic of Kampuchea have the right to participate freely and “actively in economics”[8] in society for life development. this is to certify that Cambodians in People’s Republic of Kampuchea had full right to build their own business and economics. However, the constitution of the state guaranteed very little rights and freedom of its citizens. While people had very least of rights to business, almost the entire Cambodian people just had the rights to work on farms or plantations as instead. After the defeat of Khmer Rough, the exploited and exploiter regime, people hoped to be much better in economic and working conditions. But what the government did practice in the field of agriculture was that people worked and raised product together in group. It meant that, the state still committed the collective property. People bound in group to work on the same plantation given by the state. So, this associate farmer product for the government, and the government would treat them back. In that political era, people just owned the land was given to the group. According to Mr. Im Meng who originated born and lived in Kratie, now lives in Phnom Penh said in an interview that, “in the beginning of the People’s Republic of Kampuchea the land gave to the group of people, not given to individual or the family, in his province.” Moreover, people had no right at all to do business on farm like selling, buying, mortgage the rice field to others or use the land for sharing the crops. This kind of business on land was banned because the land belonged to the state. In addition, the state seized all activities of internal and external business, and “trade”[9]. It was the kind of totalitarianism the state owns business; therefore, people could not compete. Around 1986 according to my parents now live in Takeo province said, “The land shared to the size of family, 16 meter squares per person. They continued that the land gave to family because the collective yield of rice was not equal share, and made conflict in the solidarity group.” So, the state guaranteed no human right in business and trade. For the cultivation in the beginning of the People’s Republic of Kampuchea, people did not have individual right. But in the middle regime, people had the right to own their land for family and personal development. In deed, they could do business on their land.

2.1.2. The right to assembly in religious believes

People were recovered from blind and darkness. The society and government had been restructured. People had better right in individually and associational, especially the rights to build association in religious believe and practice. As we had zero religion in Democratic Kampuchea, after 1979 we, Cambodians readopted the old one, Buddhism as we used to practice. The Buddha sculptures and temples were repaired, reorganized and rebuild. Since we had some Buddha sculptures and temples in plan, we started to practice through our custom and ancestor did. To worship in Buddhism, Cambodian prayed and practiced by individual and group. This right to religious believes were fully guaranteed by the state. Furthermore, the Cambodian-Islam also allowed to worship, believe and teaching Muslim in their minority group. For example, every citizen of People’s Republic Kampuchea have the right to form “association”[10] and “religious believe”[11] As the right to religion was provided by state, people from every part of the country, from different races and sexes enjoyed freely to pick up any religion they preferred that fitted their value and practice. Hence, the right to assembly in religious believes in People’s Republic of Kampuchea provided fully of human rights. The law treated everyone equally in freedom of choice to choose one religion to practice, worship and teaching.

2.1.3. The rights to assembly in politics

The citizens of People’s Republic of Kampuchea had the right to assembly in politics. Individual or group who shared the same common interest, the same ideology and the same goal could create political party to stand for election. For example, everyone has the right to be proactive in “politics, freedom of assembly”[12] and the right to vote and run for election. This phrase gives full meaning to ensure people’s liberty freedom and security in politics. Here I would like to introduce you why people had right to participate in politics in People’s Republic of Kampuchea. We all understand, the political elite who had led the state in Khmer Republic were killed and tortured to death in Khmer Rough. During the Democratic Kampuchea, some leaders supported the “Communist Party of Kampuchea”[13] and others supported the “Vietnamese.”[14] Pol Pot saw the danger; therefore, started to clean the betrayer elite. But some who led in the eastern zone ran away to Vietnamese. Those who betrayed and escaped to Vietnamese, cooperated with Vietnam, and fiercely fought the Khmer Rough army. Vietnam entered Cambodia installed the government. Yet, People Republic of Kampuchea lacked of leaders then the Constitution confirmed clearly about human rights in political activities. Man and women who reached “twenty-one years of age”[15] have the right to stand for election including “religious clergy and Armed Force.”[16] In opposite, we had never seen any party beside CPP backed by Vietnam to lead Cambodia. We did not see multi-party and pluralism practice until 1989. However, in the People’s Republic of Kampuchea did really see the opposition party. This party led by Son Sann who former “Prime Minister”[17] in Democratic Kampuchea. He led the refugees along the Thai border, and to negotiate with the foreigner for supports to against the Vietnamese and puppet government. Between the opposition party and Cambodian People Party brought Cambodia into two hostile blocs and civil war. Hence, the right to participate in politics in People’s Republic of Kampuchea just presented in the Constitution. We see no pluralism. Government and opposition party never sit in the national assembly to make law, and we never saw people go to vote and run for election.

Therefore, in the People’s Republic of Kampuchea, people had some rights to do farming and small business on the land. Moreover, everyone had the rights to any religious believe and practice like Buddhism and Muslim for the minority group of Khmer-Islam. But they did not have the right to create political party or civil society to compete and challenge the government for national prosperity and development.

2.2.0. Comparison between the two political histories

Through what I have learned about the rights to assembly in Democratic Kampuchea and People’s Republic of Kampuchea from different sources, I have fulfilled my questions with clear essays and examples. In my analytical comparison; firstly of all, I would like to compare the rights to assembly in business and job between the two periods. The rights to do and participate business association is zero in Democratic Kampuchea because there was no use of currency, but the associate farmers must work in group to increase the agricultural product for the state, and everyone must have job with huge responsibilities. For the rights to business and trade in People’s Republic of Kampuchea, people did not have right to own and run business. The land still belonged to the state, and everything could not buy and sell or other formed of business. However, society changed, the law also absorbed and shifted to solve the social issues and common interest of people. The land was contributed to each family. Then in the second half period of People’s Republic of Kampuchea, people can do business on their lands.

After that, in Democratic Kampuchea, there was no guarantee of right to religious believe, worship, practice and teaching. The state provided zero religion to people practice because religion is the source of knowledge. If people had knowledge, people would have opposed the government. So, any religious believe was strongly prohibited. But in the People’s Republic of Kampuchea, the structure of believe and Buddhism was renaissance. In that time not only Buddhism, but Muslim also practiced and worshiped by the minority Khmer-Islam. Hence, religions were reborn in the People’s Republic of Kampuchea.

Then, the right to assembly in politics in Democratic Kampuchea was narrow as well as in People’s Republic Kampuchea. In Democratic Kampuchea, people participated actively in politics to write the Constitution. Farmers, workers and army were the founder of the state because they were the producers, the state developers and the state defenders. They did indirectly involve in the state policy. Anyway if we look back to the Khmer Rough period, the right to participate was different from People’s Republic of Kampuchea. The state opened freedom to individual to form group to participate in politics included clergy, monk and arm forces. But in the real practice, the state’s decisions never deal with election to choose the legitimate government.

3. Conclusion

In conclusion, in the Democratic Kampuchea people had no right in business, religion and politics. The government guaranteed no human rights and everyone no need to have rights because they respected to state and people’s organization. Whatever the organization demanded, people had to produce. In that political period, human right had never developed. For the period of People’s Republic of Kampuchea, people had a better living condition. Even if, everything was the state’s property, but people worked for some benefit, food. Later on they had the right to do business on their farm. They had the rights to religious believe and practice. But they did not have the rights to participate in politics, to vote and stand for election. However, the human right in People’s Republic of Kampuchea was much better than the rights in Democratic Kampuchea.

Reference:

1. CHANDLER DAVID, A History of Cambodia: Crisis in the Party, Westview Press, Inc 2^nd Ed, 1996

2. Jennar Raoul M., Cambodian Constitutions (1953 – 1993), White Lotus, Co., Ltd.; Bangkok, 1^st Ed, 1995

3. Title: Cambodia under Pol Pot (19751979), http://en.wikipedia.org/wiki/Cambodia_under_Pol_Pot_ (1975-1979) -->

Footnotes

---

[1] Cambodian Const. Democratic Kampuchea, Chap. 9, Art. 12, p 86, 1^st Ed, 1995

[2] Title: Cambodia under Pol Pot (19751979), http://en.wikipedia.org/wiki/Cambodia_under_Pol_Pot_(1975-1979) -->

[3] Title: Cambodia under Pol Pot (19751979), http://en.wikipedia.org/wiki/Cambodia_under_Pol_Pot_(1975-1979) -->

[4] Ibid, Chap. 15, Art., 20, p 87

[5] Ibid, Chap. 9, Art., 12, p 85

[6] Ibid, Preamble, p 82

[7] Title: Cambodia under Pol Pot (19751979), http://en.wikipedia.org/wiki/Cambodia_under_Pol_Pot_(1975-1979) -->

[8] Cambodian Const. People’s Republic of Kampuchea, Chap 3, Art. 32, p 99, 1^st Ed, 1995

[9] Ibid, Chap. 2, Art. 19, p 96

[10] Ibid, Chap. 3, Art. 38, p 100

[11] Ibid, Chap. 3, Art. 30, p 98

[12] Ibid, Chap. 3, Art. 32 & 37, p 99

[13] DAVID CHANDLER, A History of Cambodia: Crisis in the Party, p 216, 2^nd Ed, 1996

[14] Ibid, p 217

[15] Cambodian Const. People Republic of Kampuchea, Chap. 3, Art. 31, p 98, 1^st, 1995

[16] Ibid, p 98

[17] DAVID CHANDLER, A History of Cambodia: OPPOSITION TO THE PRK, 2^nd Ed, p 231, 1996