Rule of law in Cambodia: Wish, works and reality
Heng Monychenda
Since the first General Election organized by UNTAC in 1993 to form a new government for Cambodia after long years of conflict the Royal Government of Cambodia was born. The new RGC faced many challenges including the remaining problems of the war over the last two decades, the problems arising during the election, the problems regarding to the needs of the people and the problems raised by donors’ condition and globalization. As parts of the problems and the solutions politicians, lawyers, economists, policy makers and donors have introduced many new words which are unfamiliar to ordinary people, such as: Transparency, good governance, social justice and rule of law, etc. I believe that most of the people have no idea of what they have heard or meant although they sometimes need to unavoidably use the terms. Konrad Adenaur Foundation, one of the main long time donors of Buddhism for Development is very much interested in the term ‘Rule of Law’ in Cambodia, which is translated in Khmer as ‘Niterath’ and that I would like to translate as ‘Nitiphibal’ instead has asked me to contribute an article to express my personal view on the term. I am glad to respond to the request but would like to say that this writing is not reflecting the view of the Buddhism for Development although I hold the position as the director of the organization.
The first part of this article focuses on the rationales come up with the new translation of the word Rule of Law in Khmer. In the second part, I attempt to compare ‘rule of law’ between westerners’ perspectives and the eastern ones especially from Buddhist points of views. Since rule of law preliminarily involves in the respect of law, some understanding in the field of law is to discuss in part three including some characteristics within a law that can put the state under its rule. In part four, the discussion will go to the evolution and development of rule of law influenced by economics education, and freedom of thought condition and of course time. In the fifth part, a conclusion would be raised on how the wish for rule of law shall be worked out and the reality of rule of law in Cambodia that we have to live with.
This article is attempted to be a study paper but it is unavoidable to include some comments on the subject, especially in regard to the presence and the development of rule of law in Cambodia. My limit knowledge of the subject might be disagreed from some readers who have different thought therefore any comments on this article is very much welcomed. Readers may find that most are the sources stated in here are from Buddhism this because my background was a Theravada monk and I am glad having opportunity to reveal some concepts and practices relating to the rule of law in Buddhism along side with the western philosophy of which I mostly found in the internet.
Some Buddhist scholars may disagree with me regarding the translation of some terms from Pali language which is different from the traditional translation. This is because I want Cambodians in the 21st century to understand Buddhist language which was used since 2600 years ago. Should there be any mistakes, please kindly accept my apology.
Rule of law is a depth subject and can be seen and interpreted from every corner and what presented in this article is just a small portion of its scope. I intend to do a further study on this subject and if it works well a printing book will be coming later.
Lastly, I would like to thank Konrad Adenauer Foundation and Mr. Wolfgang Meyer, the country representative to Cambodia who initiated this free flow of expressions and would also like to thank all readers willing to give feedback to me. I hope this article would contribute to the development of rule of law in my beloved Cambodia.
Yours in Dharma
Heng Monychenda
I- Terminology in Khmer Translation
There is a minor difference in translating the word Rule of Law into Khmer language due to various backgrounds of the academia: The formal and spoken one is “Niterath” but also “Thammearthipatey” was one used by a scholar in law and economics several years ago. In this paper I would prefer to translate as “Nitephibal” instead because ‘Rule’ in Khmer mean Karkrupkrong (governing, managing,) or Abhipala in Pali whereas the term ‘Law’ is “Chbab” in Khmer or “Niti” in Pali. For Cambodians who are interested in comparing the Khmer to the English term may wonder where the word ‘Rath/state’ comes from because the word “state” does not exist in English which is equivalent to the term ‘Rath’ in Khmer at all. It might be that the word ‘Rechtsstaat’ in German is meant for the translation as ‘Nitirath’ because ‘Staat’ means ‘state’ whereas ‘Rechts’ means ‘Law’. The reason the translated word is important because in Cambodia terminology of the word comes first before detail understanding of the real meaning of the term. However, in translating to English Rule of Law is used for the discussion instead of Nitirath or Nitiphibal.
II. Define Rule of Law
Western Perception
Rule of Law is a concept and a principle which the terms themselves cannot be clearly defined. Rule of law in British is not necessarily be identical to rule of law in the United States, thus it is not sure what do Cambodian citizens really meant by rule of law, it shall be meant like this or it shall be applied like that or whatever. It is simple that although Cambodian and Baraing (the westerns) are human beings, according to geography, culture, knowledge and food (rice – bread) are factors that make rule of law of these countries not at all 100% the same.
In general rule of law is a principle proposed in order to better relation between the leaders (government) and persons to be led (citizens) “standing on the same rule(r)” and “under the same rule of the same law” and both parties should have the same rights of mankind, enjoy equal freedom and of course they are born and died as human being.
The term “standing on the same rule(r)” is a natural hypothesis of everyone who was similarly born from mothers; therefore, s/he should enjoy the same freedom regardless of nationalities. Whereas the term “under the same rule of the same law” is a social proposal (based on the “standing on the same rule(r)) referred on the fact that a state that governed by government frequently use the power to abuse the rights and freedom of its own citizens by arrogantly proclaims that “Moi c’est l’état” (I am the State).
This social proposal aiming although the government has the power to govern the citizens and do whatever it can must obey and submit itself under the supremacy of law as ordinary citizens. Therefore, the key point of the rule of law is to limit the power of a government to the law, and to protect the rights and freedoms of the citizens to be free from the abuse of power by the government.
In 1959, an international gathering of over 185 judges, lawyers, and law professors from 53 countries, meeting in New Delhi and speaking as the International Commission of Jurists, made a declaration as to the fundamental principle of the rule of law. "The Delhi Congress gave rise to three important elements in the concept of the Rule of Law. First, that the individual is possessed of certain rights and freedoms and that he is entitled to protection of these rights and freedoms by the State; second, that there is an absolute need for an independent judiciary and bar as well as for effective machinery for the protection of fundamental rights and freedoms; and third, that the establishment of social, economic and cultural conditions would permit men to live in dignity and to fulfill their legitimate aspirations.[1]"
A.V. Dicey[2] who has been well known as the scholar of the Rule of Law in the west states in his book entitled “The Law of the Constitution” that "the Rule of Law" means in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of government. Dicey identified three principles which together establish the rule of law: (1) the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power; (2) equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary courts; and (3) the law of the constitution is a consequence of the rights of individuals as defined and enforced by the courts."
Eastern Perception
In this perspective, I would like to discuss some terms in the Buddhist Canons in comparative to the western’s to see what sorts of rule of law principles are embedded in the East. In Cakkavattisutta[3] (The Discourse on the Universal King), the Buddha advised that four principles should be followed by the Great King in leading the country towards peace and development. The Sutta states the Great King should (1) abide in Dharma, honor the Dharma, respect the Dharma, believe in Dharma, sacrifice for the Dharma, surrender to the Dharma, take the Dharma as the flag (light), depend on Dharma as the bridge, take up Dhammadhipateyya ( supremacy of Dharma), and protect, safeguard and governing with Dharma[4] (2) to let no wrong doing prevail in the kingdom (3) to let wealth be given or distributed to the poor and (4) to go from time to time to see and ask for advice the men of religious life who maintain high moral standard.
There are many definitions of the word Dharma[5] in Pali therefore which definition should be applied in the context of this Sutta. This powerful word was admired and advised by the Buddha as the flag (light) of the nation, as the bridge to link between leaders and followers, and that the rulers must abide in, honor, respect, believe, sacrifice, surrender, and as supremacy in ruling the country. As a nation state “constitution” seems to fit to the meaning of the word Dharma in this context, and in a society “Law” seems to fit to the word of which in the dictionary Dharma is also translated as “Law”. The point is whether the Dharma is “constitution” or “rule of law”[6] in this word of Dhammadhipateyya. Whatever it should be Dhammadhipateyya is one of the most valuable principles in Buddhism to be studied and compared with the rule of law from western’s. Here the word Dhammadhipateyya (Supremacy = adhipateyya + Dharma = Law) seems to be well compared to the word Rule of Law as we discussed. .
By taking the Dharma (law) as supremacy and follow the other codes of conducts towards the Dharma the leaders must protecting, safeguarding and governing under the guidance of Dharma (under the rule of law) to the followings subjects: (a) one’s own folk; (b) the army; (c) the administrative officers; (d) the civil servants; (e) professionals, traders, and agricultures; (f)town and country dwellers; (g) the religious groups; (h) and to the beasts and birds.
In this regard, we can say that Dhammadhipateyya (supremacy of law) has a broad scope and cannot be violated. All of the eight subjects (from a to h) shall be equally under the law, that is from the top class to an ordinary citizens. Moreover, even animals are also under the rule of law. In this context, the supremacy of Dharma cover up both the rulers and the citizens and they shall not be allowed to use law as instruments neither to gain personal benefits nor for the benefits of their relatives or of their groups. However, the word Adhipateyya (Supremacy) was not used only with the word Dharma as in Dhammadhipateyya but also used for other two objects: Attàdhipateyya, supremacy of self, and Lokadhipateyya, supremacy of the publics. Among the three Dhammadhipateyya was encouraged and admired by the Buddha in practicing the Dharma. For instance, regarding the exercise of supremacy of law in Buddhism and as far as the second point of Dicey is concerned (equality before the law) is seen when Ànanda, the Buddha personal assistant who was ranged the best scholar in the Buddha’s teachings and is the one who had achieved arahantship, was without any exception disciplined by the board of disciplinary because he was careless and breached 5 points of his roles[7]. Although Ananda believed that his acts did not constitute a breach of his roles, he accepted the sentence because he believed that the decisions of the board of disciplinary were always fair. Another example to be quoted for food of thought in the current field of rule of law is; when all Buddhist monks, although they were turned into monkhood either just only one day or already for 100 years; a simple monk or a supreme patriarch who has 50 thousand monks under his supervision, once he violated the monk’s rule of 227 articles (provisions of disciplined ranged from the most serious one, which is to be dismissed from the monkhood to the least one, to confess the mistake to other monks) shall be disciplined accordingly.
For the moment both the western and the eastern concepts show the focus on supremacy of law in developing the countries. However, rule of law is not easily obtained in a short term, especially, in Cambodia, a country where the war has just recently been finished. Whether or not the rule of law in Cambodia can strongly grow will be discussed in the next points on “law and law that can rule”.
III. Law and law that can rule
Western Perception
Every State has its own laws although the laws may serve the interests of any social groups, which could be the leader’s groups or groups to be led or both groups. Therefore, we cannot talk about the rule of law without mentioned at all about the law itself. Naturally, human does not want to live under the law at all. A simple example can be referred to those three natural laws: birth, growth and death, the most powerful laws of the universe in which human is attempting to escape from these natural laws. In a society where humans (naturally does not want to be ruled by law) are the members and that the law is needed to govern themselves, making law is not an easy job. At least the law makers surreptitiously do not want to be ruled by the law. Therefore, a law that must be respected and enforced needs many elements to become the law that rules and the law that the people submit to the rule of the law.
In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following[8]:
1. Laws must exist and those laws should be obeyed by all, including government officials.
2. Laws must be published.
3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.
4. Laws should be written with reasonable clarity to avoid unfair enforcement.
5. Law must avoid contradictions.
6. Law must not command the impossible.
7. Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.
8. Official action should be consistent with the declared rule.
Another important element of the rule of law is the separation of power of the three top state institutions: the legislative, the executive and the judiciary. The most famous justification of the principle of separation of powers was drafted by John Adams for the constitution of the Commonwealth of Massachusetts[9]:
In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.
— Massachusetts Constitution, Part The First, art. XXX (1780).
Eastern Perception
In Buddhism, the interrelation among law, society and individuals is undividable and it is a very important element to be respected by all members of the society. Ideal of the relation may be seen in the Three Refuges (Three Guidance) of all Buddhists namely The Buddha, the Dharma, and the Sangha.
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This relation is the foundation for consideration in making law (the monk’s rule) before enforcing it upon the people. Below are some characteristics advised by the Buddha to be considered before making and introducing law to any community and to evaluate whether the existing law has qualification in maintaining the society.
Characteristic 1: Intention of the law
In the Book of Discipline[10] (Viniyapitaka) the Buddha expressed his intention in regulating rules for monks which can be a pattern in making law and reviewing the intention of law for a country:
A- For the benefits of society
1. Law must be approved by the National Assembly and for the improvement of social order.
2. Law shall benefit the comfort of the society
B- For the benefits of individuals
3. Law shall effectively prevent the perpetrator from disturbing social order
4. Law shall bring about comfort of well-behaved people
C- For the benefits of a perfect performance in life (Physically and spiritually)
5. Law shall effectively prevent the bad behavior not to happen in the present time
6. Law shall prevent any destruction that might happen in the future
D- For the benefits of people
7. Law shall pull more support from people who do not have confidence in rule of law
8. Law shall increase more confidence on those people who already have confidence in rule of law
E- For the sake of the country
9. Law shall bring stability for the country
10. Law shall improve the use of law
11. Law shall not cause people to be greedier.
12. Law shall not cause problem
13. Law shall not cause the increase of defilement
14. Law shall be helpful in decreasing the greed
15. Law shall be helpful for contentment
16. Law shall be helpful for good social environment
17. Law shall be helpful for those who are hardworking
18. Law shall be helpful in bringing an easy live
19. Law shall be helpful in the improvement of knowledge
20. Law shall be helpful in bringing peace for the country
Characteristic 2: Nature of law
By analyzing the six natures of the Buddha’s Dharma we can apply these natures into the making of law as follows[11]:
1. Law shall be harmony within itself from the beginning till the end and no contradiction from one article to another including clear language, words, and contents.
2. Law shall be clearly understood, be seen its importance, and be enforced by individuals
3. Law shall not be limited by time.
4. Law shall be firmed to be tested by all means for its rule of law.
5. Law shall encourage and motivate people in obeying the law as means to take oneself away from problems.
6. Law, generally is the language of scholars, therefore widely education for the common people are important.
Characteristic 3: Legitimacy
1. Law shall be made under legitimacy that allows creating a law[12]
2. Law shall be a law by its characteristics. It is not just a reading text but has its own law’s structure.[13]
3. Law shall be created with non- violence and not with force[14]
Characteristic 4: Non-retroactive
The effect of the law shall not be extended to individuals who committed the act before the law comes into effect. In Buddhism, any individuals who committed mistakes prior to the rule come into force or prior to the existence of the rule are not punished.[15]
Characteristic 5: Amend ability
Uncertainty is the basic truth in Buddhism and it applies to everything in the world including the law. Therefore, right before the Buddha passed away, he told the monks the possibilities for the amendment of the viniya’ rules to bring great benefits for the community of monks[16] when there is a change in time or generation and the amendment shall be considered based on four principles:[17]
- Whatever has not been objected to as not allowable, if it fits in with what is not allowable and goes against what is allowable, that is not allowable
- Whatever has not been objected to as not allowable, if it fits in with what is allowable and goes against what is not allowable, that is allowable
- Whatever has not been permitted as allowable, if it fits in with what is not allowable and goes against what is allowable, that is not allowable
- Whatever has not been permitted as allowable, if it fits in with what is allowable and goes against what is not allowable, that is allowable
Characteristic 6: Education
Level of education of the people is another essential factor to promote and maintain rule of law. The knowledge of law, understanding of law, ability in explaining the law, ability to defend oneself by the merit of law are qualities contribution to promote the rule of law. In Buddhism, the Buddha had paid great attention to the study of rules and disciplines of his followers by determining that before passing away, his followers must be knowledgeable of the Dhamaavinaya (Dhamma and Law), be able to practice appropriately, be able to explain to others and be able to settle any accusation on the Dhammaviniya, the development and great attention on the rules will be seen everywhere and will be respected by both, the leaders and citizens of the country.[18]
Characteristic 6: Law Enforcer’s Qualification
An effective law is also based on those who orders citizens in the country to obey the law. I have already stated on the roles of government and leaders of a country in promoting the rule of law, in here I would like to discuss on the quality of judge in Buddhism which includes knowledge, experience, judgment, and ethics.
Judgment is equal to a war in the Buddha’s word. Small judgment is compared to a small war[19], and big judgment is compared to a big war.[20] Thus, the judge who is the one that has to be in between of two persons, two groups or more who are in conflict play a very big role in tranquilizing war or escalating war by his judgment. If the judgment is not due to the principles of rule of law the war will be escalated. The judge or Vinayadhara in Buddha’ word will be regarded as good one if s/he possesses the following qualifications[21]:
A. Educated
As a judge whose role is to maintain the principle of rule of law he shall be the one who is knowledgeable, well-educated and is recognized by related school or institution. The Buddha suggested a judge should possess the following knowledge:
- Knowledgeable in the language of the client
- Knowledgeable in history and good vision of the future
- Know well and remember well the law and its substance
- Knowledgeable in criminology
- Knowledgeable in dispute resolution
- Knowledgeable in judiciary
B). Experience
Experiences received from previous generation and experiences in own profession are additional power for judge to improve the quality of rule of law. According to Buddhism, a good judge should possess experiences at least 39 aspects which I would like to brief in the list below:
† Study and understanding previous experiences in judgment
† Knowledgeable in own profession
† Knowledgeable in the nature of the conflict (case) and wisely make judgment according to the law correspond to the nature of the dispute.
† Self-assured in the judgment
† courteous speech, easy to understand and not waffling
†
† Self- assessment in handling the case and truthful in confessing if not able do so
† impartiality to both the plaintiff and the defendant
† Encourages those who are mentally weak to be brave and suppress those rude ones to be well-behaved.
† Thoroughly analyze and consider before making judgment
† Behaves appropriately to be those who work in the law profession and judgment
† etc...
C) Judgement
As stated earlier, making judgment is just like going into the war, a judge, therefore, justice must be in the judgment. Judgment qualifications were mentioned in many books of Viniya of the Buddha which I would like to share some of them here[22]:
1. Judgment within time not judgment within wrong time
2. Judgment within truth not on within false
3. Judgment within kind words not within unkind words
4. Judgment within beneficial words not within waffling words
5. Judgment within compassion not within hatred
6. Judgment according to the law,
7. Judgment within according to the confession
8. Judgment according to the provisions
9. Judgment without prejudice caused by love or desire
10. Judgment without prejudice caused by hatred or enmity
11. Judgment without prejudice caused by delusion or stupidity
12. Judgment without prejudice caused by fear
D) Personal ethics
Knowledge, experiences and judgment shall also founded on the ethical values of the judge himself: level of spiritual and emotional development. If his ethical values are low he is not only unable to promote the rule of law, but instead degrading the rule of law. The Buddha had set some 20 ethical values to assess those who will become the judge of which six are stated here as the summary:
1. To abide by the law and not violate the law
2. To be one who embrace love, compassion, sympathetic joy, and equinity
3. To be non-greedy, uncorrupted, and non-partisan.
4. To be modest, handsome, firm, which make those who see gain trust on him
5. To live within the scope of law not for the gaining of image among the public
6. To be not arrogant and looking down anyone for the reason of number of groups one belong, number of supporters, elder age, or even better knowledge.
As mentioned above law that can govern a state and citizens unless that law has a clear objective, be a lawful, be legitimate, no retroactivity and is amendable. The law shall be promulgated and enforced through judicial system. Besides being independent, a court shall have a precise knowledge of his profession, sufficient experience, a fair judgment, and shall be those who posses professional ethics.
As leaders who lead the government with full authorities, it is hard to put themselves under the law. Learning to live and forcing themselves under the law are important. Those who are well-educated, brave, and confident in law are the vital forces in promoting the rule of law. Nevertheless, having a government submit itself to the law, a brave court that dare to enforce the government to submit to the law, and the people who are clever in choosing leaders that committed to the rule of law are not easy things that can be done in such a short time. Therefore, creation of good leaders and good people willing to promote the rule of law shall be started from now, since they are young, and shall be socialized in all social institutions: family, economics government, education, religion and recreation. Rule of law must be a subject in Cambodian socialization.
IV- From the Rule of Men to Rule by Law, and towards the rule of law
The Buddhist teaching of Impermanence (Anicc1a) besides making us realize and worried of the instability of lives and things, it also encourages us with a hope that everything can be positively changed when time passed and when our positive Karma is in place. Preparedness and management for change are important course of action towards the change in the rule of law.
The function of rule of law is to limit the unbridled power of the leaders who always use law as tools to manipulate the power. The current problem stands on whether the law can liberate itself from being a manipulated tool to a ruling tool that can oblige the government to reverse its position towards the law? Will the rulers consent to be under the rule of law and by what way? And what challenges are in reversing from the rule of men to the rule of law? The answers can be long, wide, and depth which are worthwhile to be further studied.
In His teaching on the Three Supremacy: Supremacy of self (Attàdhipateyya), Supremacy of the Public (Lokadhipateyya), and the Supremacy of the Dharma (Dhammàdhipateyya) that meant to demonstrate on how people making decision under what influences prior to do Karma and with the same token if we apply these Supremacies in influencing the decision in ruling a state, the Buddha seems not to criticize which one is bad but rather which one is the best and what attentiveness ones should consider prior the action are taken. He suggested that:
- One who uses the Supremacy of Self (Rule of Man?) shall be mindfulness and consciousness (Sati)
- One who uses the Supremacy of the Public(Rule by Law?) shall be wisely scrutinize the public opinions
- One who uses the Supremacy of Dharma (Rule of Law?) shall be submitting to the rule of Dharma
It should be noticed that both in the Adhippateyya Sutta and the Cakkavatti Sutta the Buddha always admires the use of the principle of Supremacy of Dharma (Dhammàdhippateyya).
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The map is the assessment result of the World Bank Worldwide Governance Indicators[23] in each country. In this assessment rule of law is one of the 6 key dimensions of governance including: (1) voice and accountability, (2) political stability and lack of violence/terrorism, (3) Government effectiveness, (4) Rule of law, (5) Regulatory quality and (6) control of corruption. Colors are ranged from green (top quartile), to yellow (middle high), orange (middle low) and red (bottom quartile).
The dark green color is the No. 1 level (from 90% to 100%), the light green is rated No. 2 (from 75% to 90%), the yellow one is rated No. 3 (from 50% to 75%), the orange is rated No. 4 (from 25% to 50%), the bright red is rated No. 5 (from 10% to 25%) and the red one is rated No. 6(from 0% to 10%). Cambodia is classified under the bright red color which is between 10% to 25%.
What should be noticed on the map is that the green color is only among those economically well-developed like in North America including the United States and Canada. There is only a small dot in South America. In Europe, there is only in the European Union. In the Oceanic states only in Australia and New Zealand. This means that the rule of law has a great correlation with the development of GDP and the level of education. This is not any different from what the Buddha found in the ancient India and this was why the Dhammadhipateyya only found in the teaching he gave to the Emperial Kingdom (Cakkavatti King) with strong economy but did not find such a teaching for the small kingdoms with weak economy at all. For small states, The Buddha teaches the Tenfold Dharma for kings (Dasabidharàjadhamma)[24] aiming to improve the moral values among those using autocracy in ruling the states. For the Republic States such as the Vajjian king in Vesàli the Buddha taught a different principle in ruling the state which is called aparihàniyadhamma: Dhamma leading never to decline but only to prosperity. Again we do not see Dhammàdhippateyya in this Discourse[25].
In Buddhism rule of law is one of the fourfold goal of social evolution and development. The fourfold goal of development is called Bhàvanà 4[26] means Fourfold Development Concept: Kàya-bhàvanà _ physical development; Sila-bhaàvanà _ moral development; Citta-bhaàvanà _ mental development; and Paññàa- bhaàvanà _ wisdom development. The development of rule of law is to be matched up to Sila-bhaàvanà which relating to rule, regulation, and law (Sila). Within this connotation the rule of law can be fully developed unless the other three folds side by side developed and matured__ economic development (stand for physical development), emotional development (stand for mental development), and educational development (stand for wisdom development).
What need to be done first is to empower the citizens to be able to drive the three state institutions to place the development of rule of law as the state agenda. Nevertheless, the power of the people can be with the people only when they are liberated from economic deficiency, thought limitation, and educational low standard. In a common language it means that the people have high income and can live without depending on government assistance, have high and good education, and have freedom of thinking and doing things. The three liberations can only subsist when the government and the rulers have political willingness in empowering the people therefore it is very vital that in a democratic country the people must be knowledgeable, clever, and brave in electing good representatives and leaders who commit in leading the people towards the liberation and lift up the submission to the principle of rule of law.
Time is an essential condition for the liberation and in fully put into action the rule of law. All the green countries in the map with high percentage of rule of law have passed through coldness and heath in a long course of development. The countries that are just recovered from wars, dictatorships, famine, and poverty will be challenged by the rule of men and the rule by law which is of course a normal phenomenon in the under-developed and developing countries. Ones have to acknowledge this phenomenon or even to live with but at the same time ones need to help removing the concept of rule of men and trimming the concept of rule by law with limitless power down to rule by law with limit of power before totally placing the state and the government under the rule of law. Attention should be taken in the development of rule of law for most of the times it has been disrupted by violence which is caused by the intolerance of the people towards time, by the anger against Human Rights violation, and by the lost of power and wealth of which this lost would never been happened under the government of rule of men.
V- Cambodian’s Rule of Law: Wish, works, and reality
It has been 15 years that the three elected government of Cambodia making effort with its willingness and with the influences from outsiders in improving the condition of the rule of law. It is true that although Cambodia’s rule of law is not classified as red but the journey to the green state will have to cross over many obstacles and fulfill many works by all citizens: government, public servants, politicians, business sectors, and the civil society groups to make the wish come true. The most importance prior to the journey is the self-questioning of the Cambodians especially the government whether we do need to go to the green level.
In the 2008 election campaign we do not see any leading political parties namely Cambodian People Party, FUNCINPEC Party, Sam Ransy Party, Norodom Ranaridh Party, and Human Rights Party straightly speak of the rule of law within their political platform for the voters. This could be explained that rule of law is not yet the priority of the agendas for winning the election and to form a new government. In one hand the low rank of rule of law will not be the obstruction for the legitimacy of the new Cambodian government. In the other hand Cambodian voters mostly want to see concrete outcome produced by the government such as physical infrastructure than the rule of law which is rather intangible than tangible subject and objects and is difficult to illustrate, to explain, and to measure its development.
To include rule of law as the national/party agenda might be (not easily) taken place not because of the importance of the rule of law seen by the government or the political parties but may be included by the pressure from the people or the external power demanding to the government and the political parties. Therefore, understanding of the rule of law and its necessity in putting in the right order the country ruling system are the essential condition for Cambodian citizen in demanding the government and the political parties to set rule of law as its prime agenda in the future. If Cambodian citizens seriously take action in rule of law education I strongly believe that the sixth General Election campaign for the sixth government term of office (2018-2023) will pay attention to the principle of rule of law for sure.
For the moment although Cambodia is ranked likely to be living in the state of rule of men, in the state that leaders manipulating the law for own group’s sake, or in the state that the level of rule of law is quite low it is the fact of life that Cambodians must face up to and confront with and make our life happy so that we can collaborate with others in liberating ourselves from the economic deficiency, thought limitation, and educational low standard in the sooner time.
I am convinced that we can live together and improve the rule of law side by side.
[3] Dighanikaya, patikavagga, Khmer tipitaka, vol. 14, page 243-54
[4] abide in Dharma (Dhammam yeva nissaya), honor the Dharma (Dhammamsakkaronto), respect the Dharma (Dhammamgarukaronto), believe in Dharma (Dhammammànento), sacrifice for the Dharma (Dhammampujento), surrender to the Dharma (Dhammamapacayanamano), take the Dharma as the flag (Dhammketu), take the Dharma as the bridge (dhammaddhajo), honor the supremacy of the Dharma (Dhammadhipateyya), and protect, safeguard and governing with Dharma (Dhammikam rakkhavaranagutti samvidahassa)
[5] Khmer Dictionary, published in 1967, page 475. Pali-English Dictionary, Edited by T.W. Rhys Davids and William Stede, Munshiram Manoharlal Publishers Pvt. Ltd, Reprinted in 1989, page 339.
[6] Some Chinese scholars think that the rule of law is equivalent to constitutionalism, and that the supremacy of law is first and foremost the supremacy of the constitution. (See, Chen, 1999, p. 149.) A. V. Dicey, the noted English jurist, viewed "the universal rule or supremacy ... of ordinary law" as one element of English constitutionalism (Dicey, 1982, cxlviii)
[7] Viniyapitaka, cullavagga, tatiyabhàga, Khmer Tipitaka vol.11, page 365
[8] --World Bank, The Rule of Law as a Goal of Development Policy By Helen Yu and Alison Guernsey http://www.uiowa.edu/ifdebook/faq/Rule_of_Law.shtml
[10] Suttantapitaka, anguttaranikàya, sattakanipata, atthakanipata, and dasakanipata
[11] Dhammaguna: Dhammo, sandithiko, akàliko, ehipassiko, opanayiko, paccattamveditappo viññùhi
[12] Dhammeneva upàdito
[13] Dhammiko
[14] Dhammaladdho
[15] Viniyapitaka
[16] Viniyapitaka, culavagga, tatiyabhàga, Khmer Tripitaka vol. 8, page 365
[17] Viniyapitaka, mahavagga, dutiyabhàga, Khmer Tripitaka, vol. 7, page 377
[18] Mahaparinibbànasutta, suttantapitaka
[19] Culasangàma: viniyapitaka, parivàra, dutiyabhàga, volume 13, page 190
[20] Mahasangàma: ibid. page 199
[21] Mahasangàma: Ibid. page 61-226
[22] Viniyapitaka, vol.13, page 61-226
[24] Suttantapitaka, khuddakanikaya, jàtaka: Ràjadhamma: virtues or duties of the king or virtues of a ruler
1-Dàna: charity; 2- Sila: high moral character; 3-Pariccàga: self-sacrifice; 4-Àjjava: honesty;integrity; 5-Maddava: kindness and gentleness; 6-Tapa: self-control; 7-Akkodha: non-anger; 8-Avihimsa: non-violence; 9-Khanti: tolerance; 10-Avirodhana: non-opposition;non-deviation from righteousness
[25] Suttantapitaka, Anguttaranikàya, sattakanipàta: aparihniyadhamma: things leading never to decline but only to prosperity: 1. to hold regular ad frequent meetings; 2. to meet together in garmony, disperse in harmony, and do their business and duties in harmony; 3. to introduce no revolutionary ordinance, or break up no established ordinance, but abide be the original or fundamental Vajjian norm and principles; 4. to honor and respect the elders among the Vajjians and deem them worthy of listening to; 5.-the women and girls of the families are to dwell without being forced or abducted; 6. to honor and worship the Vajjian shrines, monuments and objects of worship, both cetral and provincial, and do not neglect those righteous ceremonies held vefore for them; 7. to provide teh rightful protection, shelter and support for the Arahants and wish that the Arahants who have not come may enter the real and those who have entered may dwell pleasantly therein
[26] Suttantapitaka, Anguttaranikàya, pañcakanipàta
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