Tonle Basak Theater

The Radio Free Asia today published news regarding the payment of 400 US dollars to concerned artists in consideration of transfering (renting as mentioned by an official) the Tonle Basak Theater to a private company. What is the legal basis for this exchange or transaction? (RFA)

The Tonle Basak Theater is a public property that belongs to the State. The government can sell, rent, or transfer to any body as long as the government do it in compliance with the prescribed procedure and do it for the sake of the public interest. The government can also destroy it or even burn it as long as this decision was made in the public interests. If the government rented or transferred it to a private company, the revenues would be converted to the public coffin, not to any private person.

Those artists are the government officials who have no private ownership or possession to this theater; therefore, they have no right to demand any money coming from this transaction. Of course, if the government did not carry out this transaction or make this decision by not complying with the specified procedures or not for the public interests, those artists, including the public as a whole, have right to demand to cancel this transaction or to transfer the money to the public coffin. They have no right at all to receive any money from this transaction. Why the government, including the Prime Minister, has to pay them the money? Is it a legitimate action to do that? On what legal grounds that such an action is considered legitimate in Cambodia?

If those artists claim that they are involved by the status of the government officials in the Ministry of Culture and Fine Arts, how about other government officials of the same ministry? To ensure fairness, the government should pay those other officials too; otherwise, there exist an inequal treatment. If they claim that they are entitled by their a long term affiliation with this theater, others who have such the affilliation deserve that amount too. They may include all people who visit this theater frequently when it was in operation if the term "affilliation" can be broadly interepreted. Should the government pay all of them? Where does the money come from?

In conclusion, the resolution of paying 400 US dollars to each concerned artist is illegal and has not legal ground for such an action. This resolution represents an inequal and unjust decision made by the government for the sake of private persons, not for the public interests as a whole.

Main Laws for Understanding Cambodian Constitution

Here are main laws and regulations for understanding Cambodian Constitution:

The Monarch of the Kingdom of Cambodia

Law on Organization and Functioning of Council of Throne

Rights and Duties of Khmer Citizens

National Assembly

Senate

Royal Government of Cambodia

Constitutional Council

Supreme Council of Magistracy

Administrative Management

Traffic Law and Economic Loss

Due to the lax enforcement of traffic law, Cambodia suffered an economic loss of approximately 116 million dollars annually. In 2004, it was more than three per cent of the total Gross Domestic Product. See this report in Xinhuanet article. According to a report of the Handicap International, every day 3 persons were killed and 100 were injured by traffic accidents which have been increasing every year. See this report at the Handicap International. Many people were killed by traffic accidents, as witnessed by September 14, 2005 report from ABC news, one drunker killed seven people with another two being in critical condition. See this report at this link.

The grass root of this accidents leading to the cost of million dollars annually is the abuse of traffic law and insufficient safety system. Cambodian traffict law was enacted in 1991 when most of Cambodian roads were insufficiently equipped with traffic lights and signs. There is no evidence to show that some parts of the traffic law are not applicable to Cambodian roads today, but it can be concluded that the lax enforcement of the law contributes to the occurence of many traffic accidents. Provisions relating to penalty and damages should be updated to make the law practicable. Insurance requirement under the insurance law should be strictly enforced to insure the loss. This requires a deep study into both existing traffic law and insurance law.

Since all people are travelling along the roads, public awareness plays a very important role and should be promoted, especially when new system of signs or traffic light have been installed. From my experience, I found a bit difficult to follow the new sign of traffic light when it was just installed on the main roads. Do not suppose that all people understand the meaning of the traffic signs and lights if they have never been familiar with or informed of them.

Camlaweco

Freedom of Expression

Dear My Guests,

Welcome to my world of free expression! I start to write this blog when my evironment is full of frustration to express their feeling and ideas. People have lot of meaningful ideas, yet they rarely put their ideas into written expression. I am confident that this blog can convey those written expression on the web to all of my guests. I believe that this blog can share with you all important information regarding laws and economics in Cambodia.

I am thinking to index and link to information of Cambodian laws and economy available online through this blog and share them with people who are interested in publishing or doing any work. Last, this blog comes out with its main purpose to encourage Khmer people to express their idea in writing and share those expression with their friends. We Are Waiting for What You Want Us to Know!

Best Regards,

Camlaweco