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Five opposition parties have called on the Senate to return the recently approved amendment to the Law on the Administration and Management of Commune/Sangkat to the National Assembly for reconsideration, stating that it contravenes the spirit of the Constitution and undermines the balance of power at the local level.
On August 23, the five parties sent an open letter to Senate President Hun Sen and the Senate, asking them to propose revisions to the draft law amendment the Law on the Administration and Management of Commune/Sangkat, which was recently approved by the National Assembly.
The parties—Grassroots Democratic Party, Khmer Will Party, Candlelight Party, Democratic Progressive Party, and Cambodia Reform Party—said that allowing a single party with a dominant vote share to hold all executive roles in sangkat (commune) administrations represents an excessive concentration of power that could harm local governance.
They added that for more than 20 years, the former Article 33 had fostered a culture of cooperation and mutual respect among Cambodians at the grassroots level. It also argued that removing this mechanism could create a winner-takes-all political competition and lead to political discrimination within local communities.
Last Thursday, the National Assembly approved amendments to Articles 33, 34, 35, and 38 in the draft law. The amendment saw 110 lawmakers voting in favour.
Under the amendment, the positions of Commune/Sangkat Chief, First Deputy Commune/Sangkat Chief, and Second Deputy Sangkat Chief would be allocated to the political party that receives at least two-thirds of the total votes. The change has raised concerns because parties with less electoral support could lose key local leadership positions.
Kimsour Phirith, spokesperson for the Alliance Towards the Future, said the process for amendment was “rushed” and carried out without consulting relevant stakeholders. He claimed that the new law only “benefits the ruling party, making it difficult for opposition parties to accept the unequal conditions of political competition”.
He added that senators from the Khmer Will Party will probably oppose the amendment when the Senate reviews it.
If the Senate proceeds with the amendments while disregarding the request from the five parties, they would ask the Constitutional Council to examine whether the amendments are consistent with the Constitution.
“Members of the Senate from the Khmer Will Party will likely oppose this draft law during the Senate session because our position is that this law is being amended too soon, shortly before the election, and without comprehensive consultation with relevant stakeholders, civil society organisations and other political parties expected to compete.”
Yem Ponhearith, president of the Progressive Democratic Party, said that submitting the request to the Senate complied with legal procedures and that he was awaiting a response from the Senate before making further comments.
“If there is any form of response, we will review it and consider the legal procedures available for providing comments or submitting further requests.”
Meanwhile, Senate spokesperson Chea Thyrith said that any decision would depend on the actual review and deliberations within the Senate.
However, he said, if the amendment does not violate the Constitution and benefits the nation, there is “no reason to reject it”. He also urged critics to study the amendments carefully before condemning it.
“If the provisions of the amendment are not contrary to the Constitution and are beneficial to the nation, there is no reason to reject them. Therefore, they should not rush to make a judgment.”
Kong Savang, monitoring and advocacy coordinator at COMFREL, supports the five parties’ request for review of the amendment.
The amendment to Article 33 states that any candidate list with two-thirds of the total votes shall be entitled to the positions of Commune or Sangkat Chief, First Deputy Commune/Sangkat Chief, and Second Deputy Commune/Sangkat Chief based on the order of candidates on that list.
This is in contrast with Article 34 (pre-amendment), which allowed one party to hold all three leadership positions only in a commune where a single candidate list won all council seats.
The former Article 33 provided that the top three positions in the commune were to be filled by the top-ranked candidates of the political parties that finished second and third in the election.
The Nation Power Party issued a statement last Friday expressing regret and opposition to the proposed amendments.
They argued that changing the selection process so that the positions of commune chief, and first and second deputy commune chiefs are awarded to the party winning an overwhelming majority would create a system of “one-party rule” at the local level. The arrangement would create an imbalance of power and increase the likelihood of corruption among local authorities, the party said.
They urged the Senate and the Constitutional Council to suspend the approval process for the amendment, retain the current law, or initiate a public consultation with relevant stakeholders to safeguard voters’ rights.
