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Cambodia will implement the military conscription law for the first time after nearly two decades of its predecessor to strengthen national defense. However, concerns from a civil society group have cropped up on the likelihood of “double standards” when conscripting individuals.
The Law on Military Service was not enforced after it was first enacted in 2006, with the current law signed into force by acting head of state and Senate president Hun Sen on May 23.
The 2006 law was amended to reflect the present context, with mandatory service extending to 24 months from 18 months previously. Cambodian males aged between 18 and 25, instead of 30 (previous text), are required to fulfill their military duty but the service is voluntary for women.
A civil society group lauded the passing of the Law on Military Service, noting that it is in line with the Constitution with regard to national development and territorial protection, but raised concerns that conscription might not be implemented on an equal basis.
“We are concerned about the actual implementation […] as we have seen enforcement measures and punishments imposed mainly on poor people,” said Ny Sokha, president of rights group, Adhoc.
He also said the incitement offense contained in the law, where enforcement is commonly carried out against government critics, concerned him, as people who support the government might not face similar challenges.
“We encourage the implementation [of laws] to be carried out without double standards,” Sokha said.
He further remarked that “although there is no specific law on conscription relating to incitement or obstruction, several people have already been accused of incitement”.
The military conscription law consists of 20 Articles stipulating national service, in line with Article 49 of the Constitution which states that Cambodians are duty-bound to participate in national reconstruction and to defend the nation.
Article 13 of the law says that any citizen who is summoned for military duty and fails to show up within 30 days of the summon would be considered evading military service, and could face six months to two years’ jail and a fine of one to four million riel, if the act is committed during a period of peace.
However, if they fail to show up during a period of war or when under attack by foreign forces, they could be jailed between two and five years, and fined four to 10 million riel.
Under Article 14, the punishment for inciters, as well as their accomplice, who incite people to evade military service would be subject to the same punishment in Article 13. Article 15 states that a person who abuses his position and prevents citizens from joining military service would be punished with two to five years imprisonment and fined four to 10 million riel.
Article 6 provides that Khmer citizens who have reached the age for military service–17 years and above–are required to register in the military service census.
That said, the law allows citizens who are selected to carry out military service to apply for a one-year postponement. Additionally, soldiers who have completed their military service would be allowed to return to civilian life but would remain on the reserve soldier list until the age of 45.
National Defense Ministry spokesperson Maly Socheata did not immediately respond.
