Heng Vong Bunchhat
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Heng Vong Bunchhat () is a Cambodian
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
, who is a Senior Adviser to the Government most famous for setting up the
Khmer Rouge Tribunal The Extraordinary Chambers in the Courts of Cambodia (ECCC; ; ), commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal (), was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alle ...
. He was the candidate nominated by the
Royal Government of Cambodia The politics of Cambodia are defined within the framework of a constitutional monarchy, in which the king serves as the head of state, and the prime minister is the head of government. In practice, Cambodia is an authoritarian state, as power i ...
for election to the International Criminal Court in 2003. He is considered as the father of the
Constitution of Cambodia The Cambodian Constituent Assembly () was a body elected in 1993 to draft a constitution for Cambodia as provided in the 1991 Paris Peace Agreements. The writing of the Cambodian Constitution took place between June and September 1993 and it resul ...
, having drafted both the republican Constitution of 1974 and the royalist Constitution of 1993.


Biography

Heng Vong Bunchhat was born to a wealthy family in Phnom Penh Cambodia on June 17, 1943. He left for France in 1959 at age 16 to study at a high school in
Sens Sens () is a Communes of France, commune in the Yonne Departments of France, department in Bourgogne-Franche-Comté in north-central France, 120 km southeast from Paris. Sens is a Subprefectures in France, sub-prefecture and the second la ...
., In 1970, Heng Vong Bunchhat earned a doctorate in law from the
Paris-Sorbonne University Paris-Sorbonne University (also known as Paris IV; ) was a public university, public research university in Paris, France, active from 1971 to 2017. It was the main inheritor of the Faculty of Humanities of the University of Paris. In 2018, it m ...
in France and returned to Cambodia where he become dean of the faculty of law of the
Royal University of Law and Economics The Royal University of Law and Economics (RULE) is one of the oldest higher educational institutions in Cambodia. RULE was established in 1949 as the National Institute of Law, Politics and Economics. In 2003, the institute was officially deeme ...
in the 1970s. He was responsible for drafting the Constitution of the Khmer Republic in 1974. He fled the horrors of the
Khmer Rouge The Khmer Rouge is the name that was popularly given to members of the Communist Party of Kampuchea (CPK), and by extension to Democratic Kampuchea, which ruled Cambodia between 1975 and 1979. The name was coined in the 1960s by Norodom Sihano ...
and found refuge in France, where he became a professor of
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
and
administrative law Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...
at faculty of law of the University of Toulouse. Heng Vong Buncchat joined the Liberal Democratic Party  of
Sak Sutsakhan Major general Sak Sutsakhan (; 8 February 1928Some sources give 2 August. – 29 April 1994) was a Cambodian politician and soldier who had a long career in the country's politics. He was the last Head of State of the Khmer Republic, the regime ...
, an offshoot of
Son Sann Son Sann (, ; 5 October 191119 December 2000) was a Cambodian politician and anti-communist resistance leader who served as the 22nd Prime Minister of Cambodia (1967–68) and later as President of the National Assembly (1993). A devout ...
's Khmer People's National Liberation Front, and he directed their campaign during the general election of 1992-1993. After their defeat, Buncchat rallied the
Cambodian People's Party The Cambodian People's Party (CPP; , UNGEGN: ) is a Cambodian political party which has ruled the country since 1979. Founded in 1951, it was originally known as the Kampuchean People's Revolutionary Party (KPRP). During the Cold War it allied ...
and became depute minister of Higher Education. In 1992, as poaching and tree-logging went wild in post-War Cambodia, Buncchat was jointly appointed by Hun Sen and Rannaridh in 1994 on the national permanent commission for coordinating privatization and the promotion of rubber plantations. Buncchat believed a forestry law would set up a tracking system to monitor logging, impose stiff penalties on offenders and create a fund to replant deforested areas, however,
deforestation Deforestation or forest clearance is the removal and destruction of a forest or stand of trees from land that is then converted to non-forest use. Deforestation can involve conversion of forest land to farms, ranches, or urban use. Ab ...
continued at a rapid rate during that time in Cambodia. Along with Minister of Justice Chem Snguon, Bunchhat was one the main experts who drafted the Constitution of the Kingdom of Cambodia between June and August 1993, and functioned as the legal draftsman in drafting the laws and regulations for the Government of Cambodia, as Secretary of State for Justice and personal legal advisor to Hun Sen. However, he suddenly resigned from his office in February 1993 after joining the royalist party
FUNCINPEC The National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia, commonly referred to as FUNCINPEC, is a royalist political party in Cambodia. Founded in 1981 by Norodom Sihanouk, it began as a resistance movement again ...
in December 1993. He then returned to the Cambodian Bar as a solicitor and swore his new oath on October 16, 1995. That same year, he was involved in judicial proceedings against British national Gavin Scott, among rampant cases of pedophaelia in post-War Cambodia. Following the political crisis in 1997, Heng Vong Bunnchat in hope of restoring the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
published a document entitled ''Legal frame of the Election of Members of the National Assembly'' in 1998 including international and constitutional provisions related to elections, the December 26, 1997 law on election of members to the National Assembly, the November 18, 1997 political parties law, and the April 8, 1998 law on the organization and functioning of the Constitutional Council, as well as a number of related historical and doctrinal references. After in May 1996 receiving a grand from the
Asian Development Bank The Asian Development Bank (ADB) is a regional development bank to promote social and economic development in Asia. The bank is headquartered in Metro Manila, Philippines and maintains 31 field offices around the world. The bank was establishe ...
for the revision of land legislation, Heng Vong Bunchhat penned the reform of land law in Cambodia in 1999 after intense negotiations, as he was himself embroiled in a land dispute with the Minister of Justice,
Uk Vithun Uk Vithun is a Cambodian politician and judge. Vithun was a judge in charge of introducing a system of justice for children from 1970 to 1975. He lived exile in France from 1975 to 1982. As a member of FUNCINPEC, he was appointed as under-secreta ...
. In November 1999, as head of the Legal Reform Unit, Buncchat launched a monthly bulletin containing a transcript of all laws, decrees, sub-decrees and regulations approved during the past month, a move which was welcomed by human rights advocacy group who had been calling for more transparency and accessibility in the legal field: Heng Vong Bunchhat drafted the law on the
Khmer Rouge Tribunal The Extraordinary Chambers in the Courts of Cambodia (ECCC; ; ), commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal (), was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alle ...
in collaboration with the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
. He was careful to protect the
sovereignty Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...
of Cambodia and its constitution in the process: albeit recognizing the need for international judges, Buncchat insisted that the Court should be an extraordinary Chamber of the
Supreme Court of Cambodia The Supreme Court of Cambodia is the highest court in the judiciary of Cambodia, under the supervision of the Supreme Council of the Magistrature. It is located in the royal capital of Phnom Penh, and is regulated under Article 55 to Article 73 ...
. After a breakdown in talks with the United Nations was due to a "misunderstanding", Buncchat urged the United Nations officials to return to the negotiating table, and was eventually successful. In May 2009, amid accusations of corruptions against the Ministry of Justice that academy students had to pay bribes of between $20,000 and $150,000 to have seats in the judicial system after they graduate, Heng Vong Bunchhat denied the allegations. Through a Royal Decree dated September 22,2018 signed by acting Head of State
Say Chhum Say Chhum (; born 5 February 1945) is a Cambodian politician who most recently served as the president of the Senate of Cambodia from 2015 to 2024. He was the first vice president of the Senate until June 2015, when he succeeded Chea Sim upon ...
, Heng Vong Bunchhat was appointed as adviser to the government with the highest rank equivalent to the Deputy Prime Minister along with Nadi Tan and Ek Sam Ol.


References

{{DEFAULTSORT:Heng Vong, Buncchat 1943 births Cambodian lawyers Living people