By Pheng Heng*
20 August 2011
Based on his Theory of Justice, Jeremy Bentham raised three main points namely justice based upon happiness; all judgments of action should produce a great benefit for a great number of the people; and do good avoid harm.
In this theory, I want to mention some management of events in Cambodia in 1993. Particularly I focus on election run by the United Nation Transitional Authority in Cambodia, UNTAC and the formation of Royal Government of Cambodia in 1993.
I want to show the theory and the real practice, even it’s hard to understand about theory of Justice of Jeremy Bentham because it’s far from the ideas of the old saying which says that it can’t take both “Rabbit is running back into the forest while if they’re catching snake fish”. But Jeremy Bentham wants to get justice, great benefits for a great amount of the people and avoid harm. His theory referred to finding happiness for a great amount of the people in society. He wants to help the majority but he also wants to avoid harm.
This theory seems difficult to support the Legal Justice. Because Justice is referred to law or rule that everyone has to respect and equals before the law. Otherwise in democratic principles, the majority is the winner. This principle shows that if we help produce a great benefit for a great number of the people, how can we do well and avoid harm for the minority?
In 1993 the management for Cambodia revealed that election system and the formation of Royal Government of Cambodia was the two-third majority in national assembly decision. I will discuss these points as follows:
1- Election system:
UNTAC used proportional system by political party list for the candidates in provincial-capital constituency for the election and the formula of calculating parliament seats is the majority rest of the valid ballots. According to this system, the initial seat allocation gives to each party the whole number of seats its proportion of the vote would justify. If there are additional seats to be filled, the party whose fractional remainder is the largest receives the first unassigned seat in the constituency. The party with the next largest fractional remainder receives the second unassigned seat, and so forth. The greatest remainder system allocates seats in a way that favor small parties. This showed that the winners in National Assembly are majority and minority representatives. This formula made the minority have its voice in the National Assembly and the minority was also happy. So in the society, there was no harm and there was Cambodian national reconciliation in 1993. This formula allowed all parties to have their representatives in the National Assembly and they were happy with this solution. Concerning this solution, we can say that Cambodia produced a great benefit for a great amount of the people.
2- Formation of Royal Government of Cambodia:
After counting ballots of the 1993 election, Cambodian People Party, CPP denied the result of the election and then moved their forces to occupy some provinces in the east of the Mekong River. With this situation, other political movement, Khmer Rouge was occupying some areas in the west of the Mekong River too. In this event the King father, Norodom Sihanouk, was the leader who did not want Cambodia to fall into a civil war again, he proposed the winner, Funcinpec1 Party to share its power with CPP. Then CPP accepted the proposal to share power in royal government of Cambodia that led by Co-Prime Minister, 1st Prime Minister and 2nd Prime Minister in 1993 and all the winners were in national assembly and worked in the royal government together. We can say that this solution shows that “Cambodia does well and avoids harm”.
3- Two-third majority in national assembly decision:
Two-third majority in national assembly decided to adopt Cambodian constitution in 1993. The Constitution is very important for Cambodian national reconciliation. It does not mean two-third majority puts barrier for creating the new government or some other important bodies. The proportional system and formula of two-third majority in the national assembly are very important for the developing countries. It can strengthen the unique nation, democracy with respecting the minor. A two-third majority requirement could protect the interests of minorities and unique nation.
This is the kind of Justice for Cambodian leaders 1993.
*Mr. Pheng Heng is a LLD Student, PUC. He can be reached at phenghenglaw@yahoo.com
UN Peacekeeping in Cambodia: Untac's Civil Mandate (International Peace Academy Occasional Papers)
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