The Compendium of Cambodian Laws, Council for the Development of Cambodia, UNDP Project CMB96-005
THE CONSTITUTION
OF THE KINGDOM OF CAMBODIA
This Constitution was adopted by the Constitutional Assembly
in Phnom Penh on September 21, 1993 at its 2nd Plenary Session.
PREAMBLE
*****
WE, THE PEOPLE OF CAMBODIA
Having known a grand civilization of a prosperous, powerful, and glorious nation whose prestige radiates like a diamond,
Having endured sufferings and destructions and having experienced a tragic decline in the course of the two decades,
awakened, stood up with a resolute determination to strengthen the national unity, to preserve and defend Cambodia’s territory and its precious sovereignty and the prestige of Angkor civilization, and to restore Cambodia into an "Island of Peace" based on a multi-party liberal democratic regime guaranteeing human rights and the respect of law, and responsible for the destiny of the nation always evolving toward progress, development, prosperity, and glory,
WITH THIS RESOLUTE WILL
We inscribe the following as the Constitution of the Kingdom of Cambodia:
CHAPTER I : SOVEREIGNTY
Article 1:
Cambodia is a Kingdom with a King who shall rule according to the Constitution and to the principles of liberal democracy and pluralism.
The Kingdom of Cambodia shall be independent, sovereign, peaceful, permanently neutral and non-aligned country.
Article 2:
The territorial integrity of the Kingdom of Cambodia, shall absolutely not to be violated within its borders as defined in the 1/100,000 scale map made between the year1933-1953 and internationally recognized between the years 1963 - 1969.
Article 3:
The Kingdom of Cambodia is an indivisible state.
Article 4:
The motto of the Kingdom of Cambodia is: "Nation, Religion, King".
Article 5:
The official language and script are Khmer.
Article 6:
Phnom Penh is the capital of the Kingdom of Cambodia.
The national flag, anthem and coat-of-arms shall be defined in Annexes I-II and III
CHAPTER II : THE KING
Article 7 :
The King of Cambodia shall reign but shall not govern.
The King shall be the Head of State for life. The King shall be inviolable.
Article 8 :
The King of Cambodia shall be a symbol of unity and eternity of the nation.
The King shall be guarantor of the national independence, sovereignty, and territorial integrity of the Kingdom of Cambodia the protector of rights and freedom for all citizens and the guarantor of international treaties.
Article 9:
The King shall assume the august role of arbitrator to ensure the faithful execution of public powers.
Article 10:
The Cambodian monarchy shall be an appointed regime.
Article 11:
If the King cannot perform his normal duties as Head of State due to His serious illness, as certified by doctors chosen by the Chairman of the National Assembly and the Prime Minister, the Chairman of the National Assembly shall perform the duties of Head of State as "regent".
Article 12:
In case of the death of the king, the Chairman of the National Assembly shall take over the responsibility as Acting Head of State in the capacity of Regent of the Kingdom of Cambodia.
Article 13:
Within a period of not more than seven days, the new King of the Kingdom of Cambodia shall be chosen by the Royal Council of the throne.
The Royal Council of the Throne shall consist of :
- Chairman of the National Assembly
- Prime Minister
- Samdech the Chiefs of the Orders of Mohanikay and Thammayut
- The First and Second Vice-Chairman of the National Assembly
The organization and functioning of the Council of the Throne shall be determined by law.
Article 14:
The King of Cambodia shall be a member of the Royal family, of at least 30 years old, descending from the blood line of King Ang Duong, King Norodom or King Sisowath.
Upon enthronement, the King shall take the oath of allegiance as stipulated in Annex IV.
Article 15:
The wife of the reigning King shall have the royal title of Queen of Cambodia.
Article 16:
The Queen of the Kingdom of Cambodia shall not have the right to engage in politics, to assume the role of Head of State or Head of Government, or to assume other administrative or political roles.
The Queen of the Kingdom of Cambodia shall exercise activities that serve the social, humanitarian, religious interests, and shall assist the King with protocol and diplomatic functions.
Article 17:
The provision as stated in the first clause of Article 7, "the King of Cambodia shall reign but shall not govern", absolutely shall not be amended.
Article 18:
The King shall communicate with the assembly by royal messages. These Royal messages shall not be subjected to discussion by the National Assembly.
Article 19:
The King shall appoint the Prime Minister and the Council of Ministers according to the procedures stipulated in Article 100.
Article 20:
The King shall grant an audience twice a month to the Prime Minister and the Council of Ministers to hear their reports on the State of the Nation.
Article 21:
Upon Proposals by the Council of Ministers, the King shall sign decrees (Kret) appointing, transferring or ending the mission of high civil and military officials, ambassadors and Envoys Extraordinary and Plenipotentiary.
Upon proposals by the Supreme Council of Magistracy, the King shall sign decrees (Kret) appointing, transferring or removing judges.
Article 22:
When the nation faces danger, the King shall make a proclamation to the people putting the country in state of emergency after agreement with the Prime Minister and the Chairman of the National Assembly.
Article 23:
The King is the Supreme Commander of the Royal Khmer Armed Forces. The Commander-in-Chief of the Royal Khmer Armed Forces shall be appointed to command the Armed Forces.
Article 24:
The King shall serve as chairman of the Supreme Council of National Defense to be established by law.
The King shall declare war after approval of the National Assembly.
Article 25:
The King shall receive letters of credentials from ambassador or envoys extraordinary and plenipotentiary of foreign countries accredited to the Kingdom of Cambodia.
Article 26:
The King shall sign and ratify international treaties and conventions after a vote of approval by the National Assembly.
Article 27:
The King shall have the right to grant partial or complete amnesty.
Article 28:
The King shall sign the law promulgating the Constitution, laws (Kram) adopted by the National Assembly, and sign decrees (Kret) presented by the Council of Minister.
Article 29:
The King shall establish and confer national medals proposed by the Council of Ministers. The King shall confer civil and military ranks as determined by law.
Article 30:
In the absence of the King, the President of the National Assembly shall assume the duty as acting Head of State.
CHAPTER III: THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
Article 31:
The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human rights, the covenants and conventions related to human rights, women’s and children’s rights.
Every Khmer citizens shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, color, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status.
The exercise of personal rights and freedom by any individual shall not adversely affect the rights and freedom of others. The exercise of such rights and freedom shall be in accordance with the law.
Article 32:
Every Khmer citizen shall have the right to life, personal freedom, and security.
There shall be no capital punishment.
Article 33:
Khmer citizens shall not be deprived of their nationality, exiled or arrested and deported to any foreign country unless there is a mutual agreement on extradition.
Khmer citizens residing abroad enjoy the protection of the State.
The Khmer nationality shall be determined by a law.
Article 34:
Citizens of either sex shall enjoy the right to vote and to stand as a candidates for the election.
Citizens of either sex of at least eighteen years old, have the right to vote. Citizens of either sex of at least 25 years old, have the right to stand as candidates for the election.
Provisions restricting the right to vote and to stand for the election shall be defined in the Electoral law.
Article 35:
Khmer citizens of either sex shall have the right to participate actively in the political, economic, social and cultural life of the nation.
Any suggestions from the people shall be given full consideration by the grant of the State.
Article 36:
Khmer citizens of either sex shall enjoy the right to choose any employment according their ability and to the needs of the society.
Khmer citizens of either sex shall receive equal pay for equal work.
The work by housewives in the home shall have the same value as what they can receive when working outside the home.
Every Khmer citizen shall have the right to obtain social security and other social benefits as determined by law.
Khmer citizens of either sex shall have the right to form and to be member of trade unions.
The organization and conduct of trade unions shall be determined by law.
Article 37:
The right to strike and to non-violent demonstration shall be implemented in the framework of a law.
Article 38:
The law guarantees there shall be no physical abuse against any individual.
The law shall protect life, honor, and dignity of the citizens.
The prosecution, arrest, or detention of any person shall not be done except in accordance with the law.
Coercion, physical ill-treatment or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit, participate or conspire in such acts shall be punished according to the law.
Confessions obtained by physical or mental force shall not be admissible as evidence of guilt.
Any case of doubt, it shall be resolved in favor of the accused.
The accused shall be considered innocent until the court has judged finally on the case.
Every citizen shall enjoy the right to defense through judicial recourse.
Article 39:
Khmer citizens shall have the right to denounce, make complaints or file claims against any breach of the law by state and social organs or by members of such organs committed during the course of their duties. The settlement of complaints and claims shall be the competence of the courts.
Article 40:
Citizens’ freedom to travel, far and near, and legal settlement shall be respected.
Khmer citizens shall have the right to travel and settle abroad and return to the country.
The rights to privacy of residence, and to the secrecy of correspondence by mail, telegram, fax, telex and telephone shall be guaranteed.
Any search of the house, material and body shall be in accordance with the law.
Article 41:
Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to effect the good traditions of the society, to violate public law and order and national security.
The regime of the media shall be determined by law.
Article 42:
Khmer Citizens shall have the right to establish associations and political parties. These rights shall be determined by law.
Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order.
Article 43:
Khmer citizens of either sex shall have the right to freedom of belief.
Freedom of religious belief and worship shall be guaranteed by the State on the condition that such freedom does not affect other religious beliefs or violate public order and security.
Buddhism shall be the religion of the State.
Article 44:
All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land.
Legal private ownership shall be protected by law.
The right to confiscate properties from any person shall be exercised only in the public interest as provided for under the law and shall require fair and just compensation in advance.
Article 45:
All forms of discrimination against women shall be abolished.
The exploitation of women in employment shall be prohibited.
Men and women are equal in all fields especially with respect to marriage and family matters.
Marriage shall be conducted according to conditions determined by law based on the principle of mutual consent between one husband and one wife.
Article 46:
The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women shall be prohibited.
A woman shall not lose her job because of pregnancy. Woman shall have the right to take maternity leave with full pay and with no loss of seniority or other social benefits.
The state and society shall provide opportunities to women, especially to those living in rural areas without adequate social support, so they can get employment, medical care, and send their children to school, and to have decent living conditions.
Article 47:
Parents shall have the duty to take care of and educate their children to become good citizens.
Children shall have the duty to take good care of their elderly mother and father according to Khmer traditions.
Article 48:
The State shall protect the rights of children as stipulated in the Convention on Children, in particular, the right to life, education, protection during wartime, and from economic or sexual exploitation.
The State shall protect children from acts that are injurious to their educational opportunities, health and welfare.
Article 49:
Every Khmer citizen shall respect the Constitution and laws.
All Khmer citizens shall have the duty to take part in the national reconstruction and to defend the homeland. The duty to defend the country shall be determined by law.
Article 50:
Khmer citizens of either sex shall respect the principles of national sovereignty, liberal multi-party democracy.
Khmer citizens of either sex shall respect public and legally acquired private properties.
CHAPTER IV: ON POLICY
Article 51:
The Kingdom of Cambodia adopts a policy of Liberal Democracy and Pluralism.
The Cambodian people are the master of their own country.
All powers belong to the people. The people exercise these powers through the National Assembly, the Royal Government and the Judiciary.
The Legislative, Executive, and the Judicial powers shall be separate.
Article 52:
The Royal Government of Cambodia shall protect the independence, sovereignty, territorial integrity of the Kingdom of Cambodia, adopt the policy of national reconciliation to insure national unity, and preserve the good national traditions of the country. The Royal Government of Cambodia shall preserve and protect the law and ensure public order and security. The State shall give priority to endeavors which improve the welfare and standard of living of citizens.
Article 53:
The Kingdom of Cambodia adopts a policy of permanent neutrality and non-alignment. The Kingdom of Cambodia follows a policy of peaceful co-existence with its neighbors and with all other countries throughout the world.
The Kingdom of Cambodia shall not invade any country, nor interfere in any other country's internal affairs, directly or indirectly, and shall solve any problems peacefully with due respect for mutual interests.
The Kingdom of Cambodia shall not joint in any military alliance or military pact which is incompatible with its policy of neutrality.
The Kingdom of Cambodia shall not permit any foreign military base on its territory and shall not have its own military base abroad, except within the framework of a United Nations request.
The Kingdom of Cambodia reserves the right to receive foreign assistance in military equipment, armaments, ammunitions, in training of its armed forces, and other assistance for self-defense and to maintain public order and security within its territory.
Article 54:
The manufacturing, use and storage of nuclear, chemical or biological weapons shall be absolutely prohibited.
Article 55:
Any treaty and agreement incompatible with the independence, sovereignty, territorial integrity, neutrality and national unity of the Kingdom of Cambodia shall be annulled.
CHAPTER V: ECONOMY
Article 56:
The Kingdom of Cambodia shall adopt the market economy system. The preparation and process of this economic system shall be determined by the law.
Article 57:
Tax collection shall be in accordance with the law. The national budget shall be determined by law.
Management of the monetary and financial system shall be defined by law.
Article 58:
State property notably comprises land, mineral resources, mountains, sea, underwater, continental shelf, coastline, airspace, islands, rivers, canals, streams, lakes, forests, natural resources, economic and cultural centers, bases for national defense and other facilities determined as State property.
The control, use and management of State properties shall be determined by law.
Article 59:
The State shall protect the environment and balance of abundant natural resources and establish a precise plan of management of land, water, air, wind, geology, ecological system, mines, energy, petrol and gas, rocks and sand, gems, forests and forestry products, wildlife, fish and aquatic resources.
Article 60:
Khmer citizens shall have the right to sell their product. The obligation to sell products to the State, or the temporary use of private or State properties shall be prohibited unless authorized by law under special circumstances.
Article 61:
The State shall promote economic development in all sectors and remote areas, especially in agriculture, handicrafts, industry, with attention to policies of water, electricity, roads and means of transport, modern technology and a system of credit.
Article 62:
The State shall pay attention and help solve production matters, protect the price of products for farmers, crafters, and find marketplace for them to sell their products.
Article 63:
The State shall respect market management in order to guarantee a better standard of living for the people.
Article 64:
The State shall ban and severely punish those who import, manufacture sell illicit drugs, counterfeit and expired goods which affect the health and life of the consumers.
CHAPTER VI: EDUCATION, CULTURE, SOCIAL AFFAIRS
Article 65:
The State shall protect and upgrade citizens’ rights to quality education at all levels and shall take necessary steps for quality education to reach all citizens.
The State shall respect physical education and sports for the welfare of all Khmer citizens.
Article 66:
The state shall establish a comprehensive and standardized educational system throughout the country that shall guarantee the principles of educational freedom and quality to ensure that all citizens have equal opportunity to earn a living.
Article 67:
The State shall adopt an educational program according to the principle of modern pedagogy including technology and foreign languages.
The State shall control public and private schools and classrooms at all levels.
Article 68:
The State shall provide free primary and secondary education to all citizens in public schools.
Citizens shall receive education for at least 9 years.
The State shall disseminate and develop the Pali schools and the Buddhist Institute.
Article 69:
The State shall preserve and promote national culture.
The State shall Protect and promote the Khmer language as required.
The State shall preserve ancient monuments and artifacts and restore historic sites.
Article 70:
Any offense affecting cultural artistic heritage shall carry a severe punishment.
Article 71:
The perimeter of the national heritage sites as well as heritage that has been classified as world heritage, shall be considered neutral zones where there shall be no military activity.
Article 72:
The health of the people shall be guaranteed. The State shall give full consideration to disease prevention and medical treatment. Poor citizens shall receive free medical consultation in public hospitals, infirmaries and maternities.
The State shall establish infirmaries and maternities in rural areas.
Article 73:
The State shall give full consideration to children and mothers. the State shall establish nurseries, and help support women and children who have inadequate support.
Article 74:
The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation.
Article 75:
The State shall establish a social security system for workers and employees.
CHAPTER VII: THE NATIONAL ASSEMBLY
Article 76:
The National Assembly consists of at least 120 members.
The deputies shall be elected by a free, universal, equal, direct and secret ballot.
The deputies may be re-elected.
Khmer citizens able to stand for election shall be the Khmer citizens of either sex who have the right to vote, at least 25 years of age, and who have Khmer nationality at birth.
Preparation for the election, procedure and electoral process shall be determined by an Electoral Law.
Article 77:
The deputies in the National Assembly shall represent the entire Khmer people, not only Khmers from their constituencies.
Any imperative mandate shall be nullified.
Article 78:
The legislative term of the National Assembly shall be 5 years and terminates on the day when the new National Assembly convenes.
The National Assembly shall not be dissolved before the end of its term except when the Royal government is twice deposed within a period of twelve months. In this case, following a proposal from the Prime Minister and the approval of the Chairman of the National Assembly, the King shall dissolve the National Assembly.
The election of a new National Assembly shall be held no later than 60 days from the date of dissolution. During this period, the Royal government shall only be empowered to conduct routine business.
In time of war or other special circumstances where an election cannot be held, the National Assembly may extend its term for one year at a time, upon the request of the King.
Such an extension shall require at least a two-third vote of the entire National Assembly.
Article 79:
The National Assembly mandate shall be incompatible with the holding of any active public function and of any membership in other institutions provided for in the Constitution, except when the assembly members (s) is (are) required to serve in the Royal Government.
In this circumstances, the said assembly member (s) shall retain the usual assembly membership but shall not hold any position in the Permanent Standing Committee and in other assembly commissions.
Article 80:
The deputies shall enjoy parliamentary immunity.
No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his (her) duties.
The accusation, arrest, or detention of an assembly member shall be made only with the permission of the National Assembly or by the Standing Committee of the National Assembly between sessions, except in case of flagrante delicto. In that case, the competent authority shall immediately report to the National Assembly or to the Standing Committee for decision.
The decision made by the Standing Committee of the National Assembly shall be submitted to the National Assembly at its next session for approval by a 2/3 majority vote of the assembly members.
In any case, detention or prosecution of a deputy shall be suspended by a 3/4 majority vote of the National Assembly members.
Article 81:
The National Assembly shall have an autonomous budget to conduct its function.
The deputies shall have receive a remuneration.
Article 82:
The National Assembly shall hold its first session no later than sixty days after the election upon notice by the King.
Before taking office, the National Assembly shall decide on the validity of each member's mandate and vote separately to choose a Chairman, Vice-Chairmen and members of each Commission by a 2/3 majority vote.
All National Assembly members must take oath before taking office according to the text contained in Annex 5.
Article 83:
The National Assembly shall hold its ordinary session twice a year.
Each session shall last at least three months. If there is a proposal from the King or the Prime Minister or at least 1/3 of the National Assembly members, the National Assembly Standing Committee shall call an extraordinary session of the National Assembly.
In this case, the agenda with the conditions of the extraordinary session, shall be disseminated to the population as well as the date of the meeting.
Article 84:
Between the National Assembly sessions, the National Assembly Standing Committee shall manage the work of the National Assembly.
The Permanent Standing Committee of the National Assembly consists of the Chairman of the National Assembly, the Vice-Chairmen, and the Chairmen of National Assembly Commissions.
Article 85:
The National Assembly sessions shall be held in the Royal Capital of Cambodia in the Assembly Hall, unless stipulated otherwise in the summons, due to special circumstances.
Except where so stipulated and unless held at the place and date as stipulated, any meeting of the National Assembly shall be considered as illegal and void.
Article 86:
If the country is in a state of emergency, the National Assembly shall meet every day continuously. The National Assembly has the right to terminate this state of emergency whenever the situation permits.
If the National Assembly is not able to meet because of circumstances such as the occupation by foreign forces the declaration of the state of emergency must be automatically extended.
During the state of emergency, the National Assembly shall not be dissolved.
Article 87:
The Chairman of the National Assembly shall chair the assembly session; receive draft bills and resolutions adopted by the National Assembly, ensure the implementation of the Internal Rules of Procedure and manage the assembly relations with foreign countries.
If the Chairman is unable to perform his/her duties due to illness or to fulfill the function of Head of State as interim or as a Regent, or is on a mission abroad, a Vice-Chairman shall replace him.
In case of resignation or death of the Chairman or the Vice-Chairman (men), the National Assembly shall elect a new Chairman or Vice-Chairman (men).
Article 88:
The National Assembly sessions shall be held in public.
The National Assembly shall meet in closed session at the request of the Chairman or of at least 1/10 of its members, of the King or of the Prime Minister.
The National Assembly meeting shall be considered as valid provided there is a quorum of 7/10 of all members.
Article 89:
Upon the request by at least 1/10 of its members the National Assembly shall invite a high ranking official to clarify important special issues.
Article 90:
The National Assembly shall be the only organ to hold legislative power. This power shall not be transferable to any other organ or any individual.
The National Assembly shall approve the national budget, State Plannings, loans, lendings and the creation, changes or annulment of tax.
The National Assembly shall approve Administrative Accounts.
The National Assembly shall approve the law on amnesty.
The National Assembly shall approve or annul treaties or international convention.
The National Assembly shall approve law on the declaration of war.
The adoption of the above-mentioned clauses shall be decided by a simple majority of the entire assembly membership.
The National Assembly shall pass a vote of confidence in the Royal Government by a 2/3 majority of all members.
Article 91:
The deputies and the Prime Minister shall have the right to initiate legislation.
The deputies shall have the right to propose any amendments to the laws, but, the proposals shall be unacceptable if they aim at reducing public income or increasing the burden on the people.
Article 92:
Laws adopted by the National Assembly which run counter to the principles of preserving national independence, sovereignty, territorial integrity, and affect the political unity or the administration of the nation shall be annulled. The Constitutional Council is the only organ which shall decide upon this annulment.
Article 93:
Any law approved by the National Assembly and signed by the King for its promulgation, shall go into effect in Phnom Penh 10 days after signing and throughout the country 20 days after its signing.
Law that are stipulated as urgent shall take effect immediately throughout the country after promulgation.
All laws promulgated by the King shall be published in the Official Gazette and published throughout the country in accordance with the above schedule.
Article 94:
The National Assembly shall establish various necessary commissions. The organization and functioning of the National Assembly shall be determined by the Internal Rules of Procedure of the National Assembly.
Article 95:
In case of death, resignation, or dismissal of an assembly deputy at least 6 months before the end of the mandate, a replacement shall be appointed in accordance with the Internal Rules of Procedure of the National Assembly and the Electoral Law.
Article 96:
The deputies have the right to put a motion against the Royal Government. The motion shall be submitted in writing through the Chairman of the National Assembly.
The replies shall be given by one or several ministers depending on the matters related to the accountability of one or several ministers. If the case concerns the overall policy of the Royal Government, the Prime Minister shall reply in person.
The explanations by the ministers or by the Prime Minister shall be given verbally or in writing.
The explanations shall be provided within 7 days after the day when the question is received.
In case of verbal reply, the Chairman of the National Assembly shall decide whether to hold an open debate or not. If there is no debate, the answer of the minister or the Prime Minister shall be considered final. If there is a debate, the questioner, other speakers, the ministers, or the Prime Minister may exchange views within the time-frame not exceeding one session.
The National Assembly shall establish one day each week for questions and answers. There shall be no vote during any session reserved for this purpose.
Article 97:
The National Assembly commissions may invite any minister to clarify certain issues under his/her field of responsibility.
Article 98:
The National Assembly shall dismiss a member or members of the Royal Government or the whole Cabinet by the adoption of a motion of censure by 2/3 majority of the entire National Assembly.
The motion of censure shall be proposed to the National Assembly by at least 30 assembly members in order for the entire National Assembly to decide.
CHAPTER VIII: THE ROYAL GOVERNMENT
Article 99:
The Council of Ministers is the Royal Government of the Kingdom of Cambodia.
The Council of Ministers shall be led by one Prime Minister assisted by Deputy Prime Ministers and by Senior Ministers, Ministers, and Secretaries of State as members.
Article 100:
At the recommendation of the Chairman and with the agreement of both the Vice-Chairmen of the National Assembly, the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. This designated representative along with other members chosen from the political parties or represented in the National Assembly, then present themselves to the National Assembly to ask for a vote of confidence.
After the National Assembly has given its vote of confidence, the King shall issue a Royal Decree (Kret) appointing the entire Council of Ministers.
Before taking office, the Council of Ministers shall take an oath as stipulated in Annex 6.
Article 101:
The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry and with the holding of any position in the public service.
Article 102:
Members of the Royal Government shall be collectively responsible to the National Assembly for the overall policy of the Royal Government.
Each member of the Royal Government shall be individually responsible to the Prime Minister and the National Assembly for his/her own conduct.
Article 103:
Members of the Royal Government shall not use the orders, written or verbal, of anyone as grounds to exonerate themselves from their responsibility.
Article 104:
The Council of Ministers shall meet every week in plenary session or in a working session.
The Prime Minister shall chair the plenary sessions.
The Prime Minister may assign a Deputy Prime Minister to preside over the working sessions.
Minutes of the Council of Minister’s meetings shall be forwarded to the King for His information.
Article 105:
The Prime Minister shall have the right to delegate his power to a Deputy Prime Minister or to any member of the Royal Government.
Article 106:
If the post of Prime Minister is permanently vacant, a new Council of Ministers shall be appointed under the procedure stipulated in this Constitution. If the vacancy is temporary, an acting Prime Minister shall be provisionally appointed.
Article 107:
Each member of the Royal Government shall be punished for any crimes or misdemeanors that he/she has committed in the course of his/her duty.
In such cases and when he/she has committed serious offenses in the course of his/her duty, the Assembly shall decide to file charges against him/her with the competent court.
The assembly shall decide on such matters through a secret vote by a simple majority thereof.
Article 108:
The organization and functioning of the Council of Ministers shall be determined by law.
CHAPTER IX: THE JUDICIARY
Article 109:
The Judicial power shall be an independent power
The Judiciary shall guarantee and uphold impartiality and protect the rights and freedoms of the citizens.
The Judiciary shall cover all lawsuits including administrative ones.
The authority of the Judiciary shall be granted to the Supreme Court and to the lower courts of all sectors and levels.
Article 110:
Trials shall be conducted in the name of Khmer citizens in accordance with the legal procedures and laws in force.
Only judges shall have the right to adjudicate. A judge shall fulfill this duty with strict respect for the laws, wholeheartedly, and conscientiously.
Article 111:
Judicial power shall not be granted to the legislative or executive branches.
Article 112:
Only the Department of Public Prosecution shall have the right to file criminal suits.
Article 113:
The King shall be the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy shall assist the King in this matter.
Article 114:
Judges shall not be dismissed. The Supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges.
Article 115:
The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy.
The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy.
The Supreme Council of the Magistracy shall make proposals to the King on the appointment of judges and prosecutors to all courts.
The Supreme Council of Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against judges or prosecutors.
Article 116:
The statutes of judges and prosecutors and the functioning of the judiciary shall be defined in separate laws.
CHAPTER X: THE CONSTITUTIONAL COUNCIL
Article 117:
The Constitutional Council shall have the duty to safeguard respect for the Constitution, and the laws passed by the National Assembly.
The Constitutional Council shall have the right to examine and decide on contested cases involving the election of assembly members.
Article 118:
The Constitutional Council shall consist of nine members with a nine-year mandate. 1/3 of the members of the Council shall be replaced every three years. 3 members shall be appointed by the King, 3 members by the National Assembly and 3 others by the Supreme Council of the Magistracy.
The Chairman shall be elected by the members of the Constitutional Council. He/she shall have a deciding vote in cases of equal vote.
Article 119:
Members of the Constitutional Council member shall be selected among the dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience.
Article 120:
The function of a Constitutional Council member shall be incompatible with that of a member of the Royal Government, member of the National Assembly, Chairman or Vice-Chairman of a political party, President or Vice-President of a trade-union or in-post judges.
Article 121:
The King, the Prime Minister, the Chairman of the National Assembly, or 1/10 of the assembly members shall forward draft bills to the Constitutional Council for examination before their promulgation.
The Rules of Procedure of the National Assembly and various organizational laws shall be forwarded to the Constitutional Council before their promulgation.
The Constitutional Council shall decide within no more than thirty days whether the laws and the Internal Rules of Procedure are constitutional.
Article 122:
After a law is promulgated, the King, the Prime Minister, the Chairman of the National Assembly, 1/10 of the assembly members or the courts, may ask the Constitutional Council to examine the Constitutionality of that law.
Citizens shall have the right to appeal against the constitutionality of laws through their representatives or the Chairman of the National Assembly as stipulated in the above paragraph.
Article 123:
Provisions in any article ruled by the Constitutional Council as unconstitutional shall not be promulgated or implemented.
The decision of the Constitutional Council is final.
Article 124:
The King shall consult with the Constitutional Council on all proposals to amend the Constitution.
Article 125:
An organic law shall specify the organization and operation of the Constitutional Council.
CHAPTER XI: THE ADMINISTRATION
Article 126:
The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities.
Provinces shall be divided into districts (srok) and districts into communes (khum).
Municipalities shall be divided into Khan and Khan into Sangkat.
Article 127:
Provinces, municipalities, districts, khan, khum and sangkat shall be governed in accordance with organic law.
CHAPTER XII: THE NATIONAL CONGRESS
Article 128:
The National Congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve.
Khmer citizens of both sexes shall have the right to participate in the National Congress.
Article 129:
The National Congress shall meet once a year in early December at the convocation of the Prime Minister.
It shall proceed under the chairmanship of the King.
Article 130:
The National Congress shall adopt recommendations for consideration by State authorities and the National Assembly.
The organization and operation of the National Congress shall be defined by a law.
CHAPTER XIII: EFFECTS, REVISIONS AND AMENDMENTS
OF THE CONSTITUTION
Article 131:
This Constitution shall be the Supreme law of the Kingdom of Cambodia.
Laws and decisions by the State institutions shall have to be in strict conformity with the Constitution.
Article 132:
The initiative to review or to amend the Constitution shall be the prerogative of the King, the Prime Minister, the Chairman of the National Assembly at the suggestion of 1/4 of all the assembly members.
Revision or amendments shall be enacted by a Constitutional law passed by the National Assembly with a 2/3 majority vote.
Article 133:
Revision or amendment affecting the system of liberal and pluralistic democracy and the regime of Constitutional Monarchy shall be prohibited.
CHAPTER XIV: TRANSITIONAL PROVISIONS
Article 135:
This Constitution, after its adoption, shall be declared in force immediately by the Head of State of Cambodia.
Article 136:
After the entry into force of this Constitution, the Constituent Assembly shall become the National Assembly.
The Internal Rules of Procedure of the National Assembly shall come into force after adoption by the National Assembly.
In the case where the National Assembly is not yet functional, the Chairman, the First and Second Vice-Chairmen of the Constituent Assembly shall participate in the discharge of duties in the Council of the Throne if so required by the situation in the country.
Article 137:
After this Constitution takes effect, the King shall be selected in accordance with conditions stipulated in articles 13 and 14.
Article 138:
After this Constitution takes effect, and during the first legislature, the King of the Kingdom of Cambodia shall appoint a First Prime Minister and Second Prime Minister to form the Royal Government after securing the consent of the Chairman, the First and Second Vice-Chairmen of the Constituent Assembly.
The Co-Chairmen existing before the adoption of this Constitution shall participate as members of the Committee and in the Council of the Throne as stipulated in articles 11 and 13 above.
Article 139:
Laws and standard documents in Cambodia that safeguard State properties, rights, freedom and legal private properties and in conformity with the national interests, shall continue to be effective until altered or abrogated by new texts, except those provisions that are contrary to the spirit of this Constitution.
This Constitution was adopted by the Constitutional Assembly in Phnom Penh on 21 September 1993 at its 2nd Plenary session.
Phnom Penh, 21 September, 1993.
The President,
Signed: SON SAN
Translation from The Asia Foundation
CONSTITUTION
OF THE
KINGDOM OF CAMBODIA
PREAMBLE
*******
WE, THE KHMER CITIZENS
Having accustomed with great civilization, in a country prosperously large and gloriously strong, with high prestige magnificently shinning like a diamond,
Having horribly declined during the last two decades, grievously experiencing with sufferings, destructions, deteriorations, weakness,
Having been aware and alerted with audacious will ; to resolutely unite together, to strengthen the national unity, to safeguard the territory and the precious sovereignty of camboadia and the of best Angkor civilization, to reconstruct the country into an " Inslan of Peace " based on system of multi-party liberal democracy, to guarantee the human rights and the respect of law; bearing a high sense of responsibility vis-avis the fate and future of the Nation, in order to eternally move forward to the progress, development and prosperity.
WITH THIS AUDACIOUS WILL
We inscribe the following in the Constitution of the Kingdom of Cambodia :
CHAPTER I
SOVEREIGNTY
Article 1
Cambodia is a Kingdom in which the King follows the constitution and multi-party liberal democracy.
The Kingdom of Cambodia is an independent, sovereign, peaceful, permanently neutral, and non-aligned State.
Article 2
The territorial integrity of the Kingdom of Cambodia absolutely shall not be violated within its borders, as defined in the 1/100,000 scale map produced between 1933 and 1953 and internationally recognized between 1963 and 1969.
Article 3
The Kingdom of Cambodia is a State that cannot be divided.
Article 4
The motto of the Kingdom of Cambodia is "Nation, Religion, King."
Article 5
The language and script that are officially used are Khmer.
Article 6
Phnom Penh is the Capital of the Kingdom of Cambodia.
The national flag, national anthem and national coat-of-arms are defined in Annexes 1, 2 and 3.
CHAPTER II
THE KING
Article 7
The King reigns but does not hold any power.
The King is the Head of State for life.
The King cannot be violated by any person.
Article 8
The King is the symbol of national unity and eternity.
The King is the guarantor of the national independence, sovereignty, and territorial integrity of the Kingdom of Cambodia, and is the guarantor of respect for the rights and freedoms of citizens and respect for international treaties.
Article 9
The King has the supreme role of mediator in order to guarantee the regular functioning of public authority.
Article 10
The Cambodian monarchy is an appointed regime.
The King does not have the power to appoint his heir to the throne.
Article 11
If the King cannot perform his normal duties as Head of State due to serious illness as certified by medical specialists chosen by the President of the National Assembly and the Prime Minister, the President of the National Assembly then assumes the duties of the Head of State in the capacity as "Regent.".
Article 12
When the King dies, the President of the National Assembly takes over the responsibilities as Acting Head of State in the capacity as Regent of the Kingdom of Cambodia.
Article 13
Within seven days, the new King of the Kingdom of Cambodia is selected by the Royal Council of the Throne.
The Royal Council of the Throne consists of :
- President of the National Assembly
- Prime Minister
- Supreme Chief of Monk of both the Orders Mohanikay and Thammayut.
- First and Second Vice Presidents of the National Assembly.
The organization and functioning of the Royal Council of the Throne will be determined in a law.
Article 14
A member of the Khmer Royal family who is at least 30 years old and who is a patriarchal Royal descendant of King Angduong, King Sisowath or King Norodom, is to be selected as King of the Kingdom of Cambodia.
Before taking the throne, the King takes the oath of allegiance as specified in Annex 4.
Article 15
The wife of the King has the Royal title of Queen of the Kingdom of Cambodia.
Article 16
The Queen of the Kingdom of Cambodia does not have the right to engage in politics, accept the role as leader of the State or leader of the Royal Government, or accept other administrative or political roles.
The Queen of the Kingdom of Cambodia exercises activities that serve social, humanitarian and religious interests, and assists the King with protocol and diplomatic functions.
Article 17
The provision as specified in the first clause of article 7 of this Constitution, that the King reigns but does not hold any power, absolutely cannot be amended.
Article 18
The King communicates with the National Assembly by Royal messages. These Royal messages cannot be subject to discussion by the National Assembly.
Article 19
The King appoints the Prime Minister and the Council of Ministers according to the procedures specified in article 100.
Article 20
The King grants an official audience to the Prime Minister and the Council of Ministers twice a month to hear reports on the state of the Nation.
Article 21
Following proposals by the Council of Ministers, the King signs Royal decrees to appoint, transfer or terminate the duty of high-ranking civil and military officials, Extraordinary and Plenipotentiary Ambassadors and Envoys.
Following proposals by the Supreme Council of the Magistracy, the King signs Royal decrees to appoint, transfer or remove judges of the Judiciary.
Article 22
When the country faces danger, the King publicly declares the state of emergency, after receiving agreement from the Prime Minister and the President of the National Assembly.
Article 23
The King is the Supreme Commander of the Royal Khmer Armed Forces. The Commander in Chief of the Royal Khmer Armed Forces is appointed to command the Royal Khmer Armed Forces.
Article 24
The King holds the Presidency of the Supreme Council of National Defence, which will be established by a law.
The King declares war after approval by the National Assembly.
Article 25
The King receives letters of credentials from foreign Extraordinary and Plenipotentiary Ambassadors and Envoys to the Kingdom of Cambodia.
Article 26
The King signs international treaties and conventions, and ratifies them, after receiving approval from the National Assembly.
Article 27
The King has the right to grant partial and complete amnesty.
Article 28
The King signs the Krams promulgating the Constitution and laws adopted by the National Assembly, and signs Royal decrees following proposals from the Council of Ministers.
When the King is ill and undergoes medical treatment abroad, the King has the right to transfer, through a Royal message, the power to sign the above-mentioned Krams and Royal decrees to the Acting Head of State.
Article 29
The King establishes and grants National Decorations following proposals from the Council of Ministers.
The King makes decisions on the granting of civil and military ranks according to the law.
Article 30
During the absence of the King, the President of the National Assembly takes over the duties as Acting Head of State.
CHAPTER III
THE RIGHTS AND DUTIES OF KHMER CITIZENS
Article 31
The Kingdom of Cambodia recognizes and respects human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, and Pacts and Conventions related to human rights, women's rights and children's rights.
Khmer citizens have equality before the law, and have the same rights, freedoms and duties, without discrimination based on race, color, sex, language, belief, religion, political tendency, national origin, social position, wealth, or other status. The exercise of personal rights and freedoms by every individual shall not affect the rights and freedoms of others. The exercise of such rights and freedoms shall be done according to conditions determined in the law.
Article 32
All persons have the rights to life, freedom and personal security.
Capital punishment shall not exist.
Article 33
Khmer citizens cannot be deprived of nationality, exiled, or extradited to any foreign country unless there is a mutual agreement.
Khmer citizens residing abroad are protected by the State.
Receipt of Khmer nationality shall be determined in the law.
Article 34
Khmer citizens of either sex have the right to vote and may run in the election.
Khmer citizens of either sex that are at least 18 years old have the right to vote.
Khmer citizens of either sex that are at least 25 years old may run in the election.
Provisions restricting the rights to vote and to run in the election shall be stipulated in an Electoral Law.
Article 35
Khmer citizens of either sex have the right to participate actively in the political, economic, social and cultural life of the nation.
Any suggestions from the citizens are given full consideration and resolution from the State Organs.
Article 36
Khmer citizens of either sex have the right to choose any employment according to their ability and the needs of society.
Khmer citizens of either sex have the right to receive equal pay for equal work.
Work done in the home has equal value as income earned from work done outside the home.
Khmer citizens of either sex have the right to obtain social security and other social benefits determined in the law.
Khmer citizens of either sex have the right to form and be members of trade unions.
The organization and functioning of trade unions will be determined in the law.
Article 37
The right to strike and non-violent demonstration shall be implemented within the framework of the law.
Article 38
The law guarantees that there is no physical abuse against any individual.
The law protects the life, honor and dignity of the citizens.
The prosecution, arrest, detention or confinement of any person may be done only in accordance with provisions of law.
Compulsion, physical torture or any treatment that imposes additional punishment on detainees or prisoners shall be prohibited. Persons who commit, participate and conspire in such acts shall be punished according to the law.
Confessions obtained by physical or mental compulsion shall not be admissible as evidence of culpability.
Undetermined suspicion is considered in favor of the accused.
The accused shall be considered innocent until final judgment by the court.
All persons have the right to defend themselves through judicial means.
Article 39
Khmer citizens have the right to file a case denouncing, protesting against, or seeking damages caused by the unlawful conduct of State institutions, social organizations, and the employees of these institutions and organizations. The resolution of cases of protest and cases seeking damages is under the competence of the court.
Article 40
The citizens' freedoms of travel and lawful settlement are respected.
Khmer citizens may settle in a foreign country or return.
The rights to privacy and secrecy of correspondence by mail, telegram, fax, telex and telephone are guaranteed.
Any search of the house, materials and physical person shall be done in conformity with provisions of the law.
Article 41
Khmer citizens have the freedoms of expression, press, publication, and assembly. No person can use these rights to violate and affect the honor of others, the good customs of society, public order and national security.
The system of the press shall be established by law.
Article 42
Khmer citizens have the right to form associations and political parties. These rights shall be determined in the law .
Khmer citizens may participate in mass organizations to help one another , to protect the national achievements and social order.
Article 43
Khmer citizens of either sex shall have the full right to belief.
The freedom of belief and religious worship is guaranteed by the State, provided that it does not affect the other belief and religion, public order and security.
Buddhism is the State religion.
Article 44
Any person, individually or collectively, have the right to ownership. Only natural person or legal entity of Khmer nationality who has the right to own the land.
Lawful private property is under the protection of the law.
The removal of private property from of any person may be done only if so required by the public interest, in the conditions as provided for under the law, and shall be fairly and appropriately compensated in advance.
Article 45
All Kinds of discrimination against women shall be eliminated.
The exploitation on women's employment shall be prohibited.
Men and women shall be equal in all fields especially in marriages and matters related to family.
Marriages shall be done according to conditions provided for under the law, and the principle of voluntary union of one husband and one wife.
Article 46
The trafficking of humans, the business of prostitution and obscenity which affect the dignity of women shall be prohibited.
The termination of women's employment because of pregnancy shall be prohibited.
Women shall be entitled to paid maternity leave with the insurance on the right to seniority in employment, and other social benefits.
The State and the society pay attention to helping women; especially those who live without support in the rural areas; so that they can afford a profession, get access to medication, send their children to school, and earn a decent living.
Article 47
Parents have the obligation to raise and take care of their children and educate them to become good citizens.
Children shall have the obligation to raise and take care of their elderly parents in accordance with Khmer customs.
Article 48
The State insure the protection of children's rights, stipulated in the Conventions on children, especially the rights to life, education, protection during wartime, and the protection from economic and sexual exploitation .
The State protects children from the employment that affects their education and schooling, or that are detrimental to their health and welfare.
Article 49
All Khmer citizens shall respect the Constitution and laws.
All Khmer citizens have the obligation to take part in national construction and defence of the homeland.
The obligation to defend the homeland shall be implemented according to provisions of the law.
Article 50
Khmer citizens of either sex shall respect the principle of national sovereignty and multi-party liberal democracy.
Khmer citizens of either sex shall respect public properties and lawful private possessions.
CHAPTER IV
POLITICAL REGIME
Article 51
The Kingdom of Cambodia adopts a regime of multi-party liberal democracy.
Khmer citizens are the owners of their Nation's fate.
All powers belong to the citizens. The citizens exercise their powers through the National Assembly , the Royal Government, and the Court.
These powers are separately divided into The Legislative, the Executive and the Judicial Power.
Article 52
The Royal Government of Cambodia pledges to protect the independence, sovereignty and territorial integrity of the Kingdom of Cambodia, adopts the policy of national reconciliation, and preserve the customs and the good tradition of the nation. The Royal Government shall protect the legitimacy, insure public order and security. The State gives priority to taking care of the citizens' living conditions and welfare.
Article 53
The Kingdom of Cambodia adheres with the policy of permanent neutrality and non-alignment. The Kingdom of Cambodia co-exists peacefully with neighbouring countries and all other countries in the world.
The Kingdom of Cambodia shall not invade any country, not interfere, directly or indirectly or even under any other form, the internal affairs of other countries, and settle all problems through peaceful means and respect for mutual interest.
The Kingdom of Cambodia shall not join in any military alliance or Pact that is not in conformity with its neutrality.
The Kingdom of Cambodia does not participate in any military alliance or agreement which does consistent with its neutrality.
The Kingdom of Cambodia does not permit any foreign military base in its territory and does not permit its military base in the foreign country, with exception that this is under the framework of the Unite Nations' request.
The Kingdom of Cambodia shall reserve the right to receive in-kind assistance from foreign countries, such as military equipments, weapons, ammunition, training of the armed forces, and other assistance for the purpose of self defense and insuring public order and security within its territory.
Article 54
The manufacturing , the use and the storage of nuclear, chemical or biological weapons shall be absolutely prohibited.
Article 55
Any Treaties and Agreements which are not in conformity with the independence, sovereignty, territorial integrity, neutrality and national unity of the Kingdom of Cambodia shall be annulled.
CHAPTER V
THE ECONOMY
Article 56
The kingdom of Cambodia adopts the System of Market Economy.
The organization and the functioning of this Economic System will be determined in the law.
Article 57
Tax collection may be done only in accordance with provisions of the law.
The National budget is implemented in accordance with the law.
The monetary management and the financial system shall be determined in the law.
Article 58
The State properties include, but are not be limited to, land, underground, mountains, sea, bottom of the sea, beneath the bottom of the sea, coastlines, airspace, islands , rivers canals, streams, lakes, forests, natural resources, economic and cultural canters, bases for national defense, and other facilities determined as the State properties.
The management, use and the organization of the State properties shall be determined in the law.
Article 59
The State shall protect and preserve the environment the balance of the natural resources; and shall develop a precise planning in the management of ; among others; land. water, airspace, air, geologies, ecologic system, mines, energy, petroleum and gas, rocks and sand, gems, forest and subsidiary forestrial products, wildlife, fish and aquatic products.
Article 60
The citizens have the right to sell their own products freely.
The compulsory sale of private products to the State; the use of private wealth or properties, even temporary, shall be prohibited unless authorized by law in special circumstance.
Article 61
The State promotes the economic development in all sectors, especially agriculture, handicraft, industry; starting from the remote areas with the attention paid to irrigation system, electricity, roads and means of transportation, modern technology, and system of credit.
Article 62
The State pays attention to helping provide farmers and crafters with the means of production, protecting the price of their products, and assisting them in finding the marketplace.
Article 63
The State pays attention to helping control the market and helps the citizenz to have a decent living condition.
Article 64
The State prohibits seriously punish any person who imports, manufactures or sells narcotic drugs, counterfeit and expired goods, which affect the consumers' health and lives.
CHAPTER VI
EDUCATION, CULTURE AND SOCIAL AFFAIRS
Article 65 :
The State protects and upgrades the citizen's rights to get access to education with quality at all levels, and gradually takes all measures so that all citizens benefit from this education.
The State pays attention to the field of physical education and sports which are the welfare of every Khmer citizen.
Article 66
The State establishes a comprehensively unified educational system throughout the country, which guarantees the principle of freedom and equality in education, so that all citizens enjoy an equal chance to earn a living.
Article 67
The State applies the educational program and the principle of modern pedagogy including technology and foreign languages.
The State controls public and private educational establishments and schools at all levels.
Article 68
The State provide free education at primary and secondary levels to all citizens in public schools
Citizens are provided with education for at least nine years.
The State shall help with the dissemination and development of Buddhist educational schools and institutions.
Article 69
The State has the obligation to preserve and promote national culture.
The State has the obligation to protect and promote the Khmer language according to the need.
The State shall has the obligation to preserve and protect ancient monuments and artifacts, and restore historic sites.
Article 70
Any offence which affects or relates to the cultural and artistic patrimony shall be subject to severe punishment.
Article 71
Zones surrounding national patrimonies as well as those included in the world's patrimony, shall be considered as neutral and military free zones.
Article 72
The health of all subjects are guaranteed. The State pays attention to the prevention and the cure of diseases. Poor subjects are provided with free medical care in public hospitals, infirmaries, and maternities.
The State establishes infirmaries and maternities in the rural areas.
Article 73
The State pays attention to children and mothers. The State establishes nurseries and help women who, without support, have many children.
Article 74 :
The State shall help disabled people and the families of combatants who sacrificed their lives for the Nation.
Article 75
The State establishes a social security system for workers and employees.
CHAPTER 7
THE NATIONAL ASSEMBLY
Article 76 :
The National Assembly consists of at least 120 members.
Members of the National Assembly shall be elected trough a universal, free, equal, direct elction and through secret ballots.
Members of the National Assembly may run for reelection.
Eligible candidates are the Khmer citizens of either sex at least 25 years of age, and who have Khmer Nationality at birth.
The Election Body, the organization and the functioning of the elections shall be determined in the Electoral Law.
Article 77
Members of the National Assembly are the representatives of the entire Khmer Nation, not just the citizens in their constituency.
Any mandatory directives shall be nullified.
Article 78
The term of the National Assembly is limited to five years and terminated when the new National Assembly takes the office. The National Assembly may not be dissolved before the end of its term, unless the Royal Government is twice deposed within 12 months.
In this care the King shall dissolve the National Assembly, after receivng the request from the Prime Minister and after approval from the President of the National Assembly.
The election of the new National Assembly shall be held no later than 60 days from the dissolution date.
During this period the Royal Government has only the duty to performct its day-today business.
During wartime or other specific circumstance where an election can not be held, the National Assembly may declare the extension of its term for one year at a time, upon request of the King.
The declaration of such an extension shall be decided by at least two-thirds of the votes of all members of the National Assembly.
Article 79 :
The mandate of Members of the National Assembly shall be incompatible with the holding of any active public function and membership of other Institution, stipulated in the Constitution, excepts for the function in the Council of Ministers of the Royal Government.
In that case the member shall retain the usual seat in the National Assembly, but shall not sit on any commission of the National Assembly.
Article 80 :
Members of the National Assembly shall enjoy Parliamentary immunity .
Members of the National Assembly shall not be prosecuted, arrested or detained because of opinions expressed during the course of their duty.
The prosecution, arrest, detention of any member of the National Assembly may only be done with the consent of the National Assembly, or the Permanent Committee in between sessions, unless in case of flagrant crime. In the latter case the competent authority shall immediately report to the National Assembly, or the Permanent Committee, for decision.
The decision of the Permanent Committee shall be submitted to the next session of the National Assembly for approval by two-thirds majority of the entire members of the National Assembly.
In all cases, any detention or prosecution against a Member shall be suspended if three-fourths of the entire members of the National Assembly vote for it.
Article 81 :
The National Assembly shall have an independent budget of conduct its function.
Members of the National Assembly shall receive remuneration.
Article 82 :
The National Assembly opens its first session no later than 60 days the election, upon notice by the King.
Before starting its function, the National Assembly shall adopt its Internal Rules of Procedures, decide on the validity of each Member's mandate; and hold separate elections to choose the President Vice President, and all member of the Commission, by q two-thirds majority of the entire Members.
Before taking the office all Members shall take the oath of allegiance, as stipulated in the text contained in Annex 5.
Article 83 :
The National Assembly shall meet twice a year at its ordinary session.
Each session shall last at least three months. If there is a proposal from the King, suggestion from the Prime Minister or at least one-thirds of the entire Members, the Permanent Committee of the National Assembly shall call an extraordinary session.
In this case the specific agenda and the date of the extraordinary session shall be disseminated to the citizens.
Article 84 :
In between sessions, the Permanent Committee shall assume the duty to conduct the business of the National Assembly.
The Permanent Committee of the National Assembly shall consist of President, Vice President and Chairpersons of all commissions of the National Assembly.
Article 85 :
The session of the National Assembly shall be held in the Capital of the Kingdom of Cambodia , in the Assembly Hall, unless otherwise stipulated in the summons because of special circumstances.
Besides the above mentioned case, unless held at the place and date indicated in the letter of invitation, any meeting of the National Assembly shall be considered as illegal and void.
Article 86 :
If the country is in a state of emergency, the National Assembly shall meet everyday . The National Assembly shall have the right to terminate the state of emergency whenever the situation permits.
If the National Assembly is unable to meet because of necessary reasons; such as the occupation of foreign forces, the declaration of the state of emergency shall be automatically extended.
During the state of emergency the National Assembly shall be dissolved.
Article 87 :
The President of the National Assembly shall chair the meetings, take cognizance laws and resolutions adopted by the National Assembly, guarantee the compliance with the Internal Rules of Procedures, and organize the international relationships of the National Assembly.
If the President is unable to perform his duty because of sickness or when he assumes the duty as Acting Head of State or Regent, the Vice President shall take over the duty of the President.
In case of resignation or death of the President or Vice President, the National Assembly shall elect a new President or Vice President.
Article 88 :
The meetings of the National Assembly shall be held in public.
The National Assembly may hold a closed-door meeting at the request of the President or at least one-tenth of the members of the National Assembly, the King, or the Prime Minister.
The meeting of the National Assembly shall be considered as valid when there is a quorum of seven-tenths of all Members.
Article 89 :
At the request of at least one-tenths of its Members, the National Assembly may invite a dignitary to clarify any issue of special importance.
Article 90 :
The National Assembly shall be the only Organ to hold Legislative power. This power shall not be delegated to any other Organ or individual.
The National Assembly shall adopt the National budget, the State Planing, permission to the State to borrow or to lend money , financial commitments; and the creation, the amendment, or the annulment of taxes.
The National Assembly shall approve the administrative account.
The National Assembly shall adopt the Law on general amnesty.
The National Assembly shall approve or annul the international treaties or conventions.
The National Assembly shall adopt the Law on War declaration.
The above mentioned adoptions shall be done by a simple majority vote of all members.
The National Assembly shall pass a vote of confidence for the Royal Government by a two-thirds majority of all members.
Article 91 :
The members of National Assembly or the Prime Minister shall have the right to initiate the legislation.
Members of the National Assembly shall have the right to propose amendments of the law, but these proposal shall not be acceptable if they aim at reducing public income or adding more burden upon the citizens.
Article 91 :
The adoptions made by the National Assembly which run counter to the principles of national independence, sovereignty, territorial integrity; or which affect the political unity or the administration of the country; shall annulled. The Constitutional Council shall be the only Organ competent of decide on this annulment.
Article 93 :
Any law adopted by the National Assembly and signed by the King, shall come into effect within ten days in Phnom Penh, and 20 days throughout the country; after the date of promulgation.
However, an urgent law shall come into effect throughout the country, immediately after the date of promulgation.
Laws promulgated by the Kings, shall be published in the Journal Official and timely disseminated throughout the country according to the above mentioned period.
Article 94 :
The National Assembly shall establish various commissions according to the need.
The organization and the functioning of the National Assembly shall be determined in the Internal Rules of Procedures.
Article 95 :
In case of the death, resignation, or incompatibility of members of the National Assembly , which happens within at least six months before the end of the legislative term, a replacement shall be appointed according to the conditions provided for under the Internal Rules of Procedures and the Electoral Law.
Article 96 :
Members of the National Assembly shall have the right to ask questions to the Royal Government. The question shall be in writing and shall be submitted to the President of the National Assembly.
The response may be given by one or more ministers depending on the matters which relate to the responsibilities of one or more ministers. The Prime Minister shall personally respond if the matters concern the general policy of the Royal Government.
Responses by Minister or Prime Minister may be oral or in writing.
The responses shall be given within seven days after receipt of the questions
The President of the National Assembly may decide whether to allow debate for oral responses. If on debate i allowed, the responses by Minister or Prime Minister shall end the questions.
If debate allowed, the questions other speakers, Ministers concerned, or the Prime Minister, may exchange their views within only the period of one meeting.
The National Assembly shall set one day each week for responses to questions.
In all cases, the session reserved for responses to questions may not lead to any king of vote.
Article 97 :
The commissions of the National Assembly may invite minister(s) to clarify any issue concerning the field of his or her responsibility.
Article 98 :
The National Assembly may dismiss member(s) or the whole Cabinet of the Royal Government by adopting a motion of censure by a two-thirds majority vote of all members of the National Assembly.
A motion of censure against the Royal Government shall be introduced to the National Assembly. for debate, by 30 member.
CHAPTER 8
THE ROYAL GOVERNMENT
Article 99 :
The Council of Ministers is the Royal Government of Cambodia.
The Council of Minister shall be led by one Prime Minister assisted by Deputy Prime Minister(s), and consists of State Ministers, Minister and State Secretaries as members.
Article 100 :
At the recommendation of the President , with the agreement by both Vice President of the National Assembly , the King shall designate a dignitary from among the Members of the winning party, to from the Royal Government. This designated dignitary shall lead his colleagues; Members of National Assembly or members of the represented political parties, who are given different positions; to ask for a vote of confidence from the National Assembly. After the vote of confidence by the National Assembly, the King shall issue a Royal Decreet (Kret) appointing the entire Council of Ministers.
Before taking office, the Council of Ministers shall take the oath of allegiance, as stipulated in Annex 6 .
Article 101 :
The function of members of the Royal Government shall be incompatible with professional activities in trade or industry, and the holding of any post in public functions.
Article 102 :
Members of the Royal Government shall bear collective responsibility before the National Assembly on the general policy of the Royal Government.
Each member of the Royal Government shall be individually responsible before the Prime Minister and the National Assembly for his or her own conduct.
Article 103 :
Members of the Royal Government shall not cite verbal or written orders from anyone to exonerate themselves from their responsibility.
Article 104 :
The Council of Ministers shall meet every week in plenary or in working session.
The plenary meeting shall be chaired by the Prime Minister. The Prime Minister may assign a Deputy Prime Minister to Chair the meeting of the working session.
Minutes of all meetings of the Council of Ministers shall be forwarded to the King for his information.
Article 105 :
The Prime Minister may delegate his power to the Deputy Prime Minister or any member of the Royal Government.
Article 106 :
If the post of the Prime Minister is permanently vacant, a new Council of Ministers shall be appointed according to conditions provided for under the Constitution. If the post is temporarily vacant, an Acting Prime Minister shall be appointed.
Article 107 :
Each member of the Royal Government shall be punished for any crime or misdemeanour committed during the course of his or her duty.
In this case as well as in cases of serious fault during the course of his or her duty, the National Assembly may decide to file a complaint to the competent court.
The National Assembly shall decide on this matters through a simple and secret majority vote of all Members.
Article 108 :
The organization and the functioning of the Council of Minister shall be determined by law.
CHAPTER 9
THE JUDICIAL POWER
Article 109 :
The Judicial power shall be independent.
The Judicial power shall guarantee and maintain impartiality, and protect the rights and freedom of the citizens.
This power shall be given to the Supreme Court and other courts of all jurisdictions.
Article 110 :
Trials shall be conducted in the names of Khmer citizens, in accordance with legal procedures and laws in force.
Only judges have the right to judge in law cases. The judges shall fulfill this duty with strict respect of the law, with wholehearted and conscientious responsibility.
Article 111 :
None of the organs of the Legislative and Executive shall assume judicial power.
Article 112 :
......
Article 113 :
The King guarantee the independence of the Judiciary.
The Supreme Council of the Magistracy shall help the King with this matter.
Article 114 :
Judges may not be removed from their functions. However the Supreme Council of the Magistracy shall decide on imposing disciplinary measures against judges who misconduct their duty.
Article 115 :
The Supreme Council of the magistracy shall be established by an organic Law which determines its composition and duty.
The Supreme Council of the Magistracy shall be chaired by the King. The King may designate his representative to chair the Supreme Council of the Magistracy.
The Supreme Council of the Magistracy shall make proposals to the King to appoint judges and prosecutors of tribunals of all jurisdictions.
To impose disciplinary measures against the judges and the prosecutors, the Supreme Council of the Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutors to the Supreme, according to the related cases.
Article 116 :
The Statutes of judges and prosecutors, and the organization of the Judiciary shall be determined in separate law.
CHAPTER 10
THE CONSTITUTIONAL COUNCIL
Article 117 :
The Constitutional Council shall have the jurisdiction of guarantee the respect for the Constitution, to interpret the Constitution and laws adopted by the National Assembly.
The Constitutional Council shall have the right review and decide on cases of dispute involving elections of members of the National Assembly.
Article 118 :
The Constitutional Council shall consist of nine members with a nine-year . One third of members of the Constitutional Council shall be replaced every three years. Every three members of the Constitutional Council shall be selected by the King, the National Assembly, and the Supreme Council of the Magistracy.
The President of the Constitutional Council shall be appointed by its members.
The President shall have the right to cast a deciding vote in case of a tie.
Article 119 :
Members of the Constitutional Council shall be selected from amongst dignitaries who have at least Higher Education Degree in laws, administration, Diplomacy, or Economics; and who have considerable work experiences.
Article 120 :
The function of members of the Constitutional Council shall be incompatible with the holding of a position as member of the Royal Government, member of the National Assembly, President or Vice President of the political Party or Trade Unions, or in - post judges.
Article 121 :
The King Prime Minister, President of the National Assembly, or one tenth of members of the National Assembly may submit draft laws to the Constitutional Council for examination before being promulgated,
The Internal Rules of Procedures of the National Assembly and the Organic Laws shall be submitted to the Constitutional Council for examination before being promulgated.
The Constitutional Council shall decide, within a period of no later than 30 days, on the constitutionality of the law and the Internal Rules of Procedures of the National Assembly.
Article 122 :
After the promulgations of a law, the King, Prime Minister, President of the National Assembly, one tenth of members of the National Assembly, or the Court may ask the Constitutional Council to examine its constitutionality.
Citizens shall have the right to file complaints involving the constitutionality of the law, through members or President of the National Assembly , as stipulated in the above clause.
Article 123 :
Provision in any article ruled by the Constitutional Council as unconstitutional shall not be promulgated or implemented.
Decision made by the Constitutional Council shall be final.
Article 124 :
The King shall consuls with the Constitutional Council on all proposals to amend the Constitution.
Article 125 :
An organic Law shall determine the organization and the functioning of the Constitutional Council.
CHAPTER 11
THE ADMINISTRATION
Article 126 :
The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities.
Province shall be divided into districts, and district into communes.
Municipality shall be divided into sections (Khan), and section into sub-sections (Sangkat).
Article 127 :
The provinces, districts, sections communes, and sub-sections shall be governed according to conditions provided for under an organic law.
CHAPTER 12
THE NATIONAL CONGRESS
Article 128 :
The National Congress shall enable the citizens to be directly informed on various matters involving national interest , and present issues and request to the authority to solve.
Khmer citizens of both sexes shall have the right to participate in the National Congress.
Article 129 :
The National Congress shall be held once a year in early December, upon the summon of the Prime Minister.
The National Congress shall be held under the chairmanship of the King.
Article 130 :
The National Congress adopts recommendations which shall be considered by the authority and the National Assembly.
The organization and the functioning of the National Congress shall be determined by law.
CHAPTER 13
THE CONSTITUTIONAL EFFECT, REVISION AND AMENDMENT
Article 131 :
The Constitution shall be the Supreme Law of the Kingdom of Cambodia.
All laws, and decisions made by the State Organs shall be strictly consistent with the Constitution.
Article 132 :
Any initiative to review or amend the Constitution shall be the prerogative of the King, Prime Minister, and the President of the National Assembly at the suggestion of one fourth of all members.
Revision or amendment to the Constitution shall be enacted by a constitutional law, adopted by two-thirds majority of all members of the National Assembly.
Article 133 :
Revision or amendment of the Constitution shall be prohibited when the country is in the state of emergency, as stipulated in article 86 .
Article 134 :
Revision amendment to the Constitution which affect the system of multi-party liberal democracy and constitutional monarchy, shall be prohibited.
CHAPTER 14
TRANSITIONAL PROVISIONS
Article 135 :
After the adoption, this Constitution shall be immediately promulgated by the Head of State, and come into effect.
Article 136 :
The Constituent Assembly shall become the National Assembly. after the Constitution comes onto effect.
The Internal Rules of Procedures shall come into effect after the adoption by the National Assembly.
In the case where the National Assembly is not ready to function, the President , first Vice President and second Vice President of the Constituent Assembly shall participate in performing the duty of the Council of the Throne, if the situation of the country so requires.
Article 137 :
after this Constitutions come into effect, the first Legislature; the King of the Kingdom of Cambodia , after consent by the President and both Vice Presidents of the National Assembly , shall designate a first and a second Prime Minister of form the Royal Government.
The Co-Prime Ministers existed before the adoption of this Constitution, shall join the membership of the Commission and the Council of the Throne, as stipulated in article 11 and 13.
Article 139 :
All laws and regulations in Cambodia which safeguard the State properties, rights, freedom legal properties of individuals; and which is consistent with the national interest, shall remain in effect amended or abrogated by the new ones, except any provision inconsistent with the Constitution.
---- THE END ------
This Constitution was adopted in Phnom Penh by the Constituent Assembly , on September 21st, 1993 at its second plenary meeting.
SIGNATURE
Son San
President