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CONSTITUTION
OF THE KINGDOM OF CAMBODIA
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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,
Having 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:
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CHAPTER I:
SOVEREIGNTY |
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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
year 1933-1953 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 is
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
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CHAPTER II: THE
KING |
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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- New (As amended March
1999):
In the case that the King cannot
perform His normal duties as Head of
State owing to His serious illness
as certified by doctors chosen by
the President of the Senate, the
President of the Assembly and the
Prime Minister the President of the
Assembly and Senate shall perform
the duties of Head of state as
"Regent"
In the case of the President of the
Senate cannot perform his duties as
the acting Head of State replacing
the King as "Regent" when he is ill
seriously as provided in the above
paragraph the President of Assembly
shall take them over.
In the case as stated in the above
paragraph, other dignitaries as
following hierarchy can perform
Acting Head of State as Regent:
- First
Vice-President of the Senate
- First
Vice-President of the Assembly
- Second
Vice-President of the Senate
- Second
Vice-President of the Assembly
Article 12- New (As
amended March 1999):
In case of the death of the King,
the President of the Assembly Senate
shall take over the responsibility
as Acting Head of State in the
capacity of Regent of the Kingdom of
Cambodia.
In the case that the President of
the Senate cannot perform his duties
of the acting Head of State as
"Regent" in the place of the King on
the death of the King the
responsibilities of Head of State in
the capacity of regent shall be
exercised in conformity with the
second and third paragraph of new
Article 11.
Article 13- New (As amended March
1999):
Within a period of not more than
seven days, the Royal Council of
Throne shall choose the new King of
the Kingdom of Cambodia.
The Royal Council of the Throne
shall consist of:
- The President
of the Senate
- The President
of the Assembly
- The Prime
Minister
- The Chiefs of
the Order Mohanikay and
Thammayut
- The First and
Second Vice-President of the
Senate
- The First and
Second Vice-President of the
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- New (As amended March
1999):
The King shall communicate with the
Assembly by royal messages.
These royal messages shall not be
subject to discussion by the Senate
and 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- New (As amended March
1999):
When the nation faces danger, the
king shall make a proclamation to
the people putting the country in a
state of emergency after agreement
with the Prime Minister, the
president of Assembly and the
president of the Senate.
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- New (As amended March
1999):
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 Assembly and the
Senate.
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- New (As amended March
1999): The King shall sign and
ratify international treaties and
conventions after a vote of approval
by the National Assembly and the
Senate.
Article 27:
The King shall have the right to
grant partial or complete amnesty.
Article 28- New (As amended March
1999):
The King shall sign the law
promulgating the Constitution; laws
adopted by the National Assembly and
laws completely reviewed by the
Senate and shall sign the Royal
decree presented by the Council of
Ministers.
In the case that the King is serious
illness and is hospitalized abroad,
the King has the right to delegate
the power of signing of the above
laws and royal decrees to the Acing
head of State through delegating
writs.
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- New (As amended March
1999):
In the absence of the King, the
President of the Assembly Senate
shall assume the duties of acting
Head of State. In the case that the
President of the Senate cannot
perform his duties as the acting
Head of State replacing the King due
to his absence, the responsibilities
as the Acting Head of State shall be
exercised in conformity with second
and third paragraph of new Article
11.
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CHAPTER III: THE
RIGHTS AND OBLIGATIONS OF KHMER
CITIZENS |
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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 citizen 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- New (As amended March
1999):
Khmer citizens of either sex shall
enjoy the right to vote and to stand
as candidates for the election.
Khmer citizens of either sex at
least eighteen years old have the
right to vote.
Citizens of either sex at least
twenty-five years old, have the
right to stand as candidates for the
election.
Citizens of either sex at least
forty years old, have the right to
stand as candidates for the election
of senators.
Provisions restricting the right to
vote and the right to stand as
candidates of the election shall be
determined by 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 affect 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.
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CHAPTER IV: ON
POLICY |
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Article 51- New (As
amended March 1999):
The Kingdom of Cambodia adopts a
policy of Liberal Democracy and
Pluralism.
The Cambodian people are the masters
of their own country.
All power belongs to the people. The
people exercise these powers through
the National Assembly, The Senate,
the Royal Government and the
Judiciary.
The legislative, executive, and
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.
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CHAPTER V:
ECONOMY |
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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.
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CHAPTER VI:
EDUCATION, CULTURE, SOCIAL AFFAIRS |
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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.
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CHAPTER VII: THE
NATIONAL ASSEMBLY |
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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 circumstance, 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
flagrant 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 received
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- New (As amended March
1999):
The National Assembly is the only an
organ which has legislative power,
and performs its duties as provided
for in the constitution and laws.
This power shall not be transferable
to any other organ or individual.
The National Assembly shall approve
the national budget, State planning,
loans, financial contracts, and the
creation, modification and annulment
of tax.
The National Assembly shall approve
administration accounts.
The National Assembly shall adopt
the law on the general amnesty.
The National Assembly shall adopt or
repeal treaties and International
Convention.
The National Assembly shall adopt
the law on proclamation of war.
The adoption of the above clauses
shall be done by the absolute
majority of all members of the
entire National Assembly membership.
The National Assembly shall pass a
vote of confidence in the Royal
Government by a two-third majority
of all members of the entire
National Assembly membership.
Article 91- New (As amended March
1999):
The members of the Senate, the
members of the National Assembly and
the Prime Minister have the right to
initiate legislation.
Deputies have the right to propose
amendments to the laws but these
proposals cannot be accepted 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- New (As amended March
1999):
Any law approved by the assembly and
finally reviewed by the Senate and
signed by the King for its
promulgation shall go into effect in
Phnom Penh ten days after its
signing and throughout the country
twenty days after its signing.
Laws that are stipulated as urgent
shall take effect immediately
throughout the country after
promulgation.
Laws that are signed by the King for
its promulgation shall be published
in the official journal and
announced it to the public
throughout the country.
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.
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CHAPTER VIII:
THE SENATE |
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Article 99- New (As
amended March 1999):
The Senate is a body that has
legislative power and performs its
duties as determined in the
constitution and law.
The Senate consists of members the
number of which does not exceed half
of all of the members of the
Assembly.
Some Senators shall be nominated and
some shall be elected universally.
A Senator can be re-nominated and
reelected.
Article 100- New (As amended
March 1999):
The king shall nominate two
Senators.
The Assembly shall elect two
Senators by majority Vote.
Others shall be universally elected.
Article 101- New (As amended
March 1999):
The organization and operating
procedures concerning the nomination
and election of the Senators and the
determination of the electors,
election organization and electoral
constituencies shall be determined
by law.
Article 102- New (As amended
March 1999):
The term for Senators is six years
and this term shall expire upon
replacement by new Senators.
When the election of the Senator
cannot be conducted due to war and
special circumstances, the Senate
can continue its term year by year
upon the proposal of the King.
The declaration of continuity of its
term shall be decided by at least a
two-third majority of all members of
the senate.
In the circumstance described above
the Senate shall assemble everyday.
The Senate has the right to
terminate the above situation with
good reason.
If the Senate cannot assemble due to
the invasion of foreign troops the
proclamation of the state of
emergency shall be continuously in
effect automatically.
Article 103- New (As amended
March 1999):
The mandate of senators shall be
incompatible with the holding of any
active public function, with the
functions of members of the National
Assembly, and of any membership in
other institutions provided for in
the constitution.
Article 104- New (As amended
March 1999):
The Senator shall enjoy
parliamentary immunity.
No Senator shall be prosecuted,
detained or arrested because of
opinions expressed during the
exercise of his or her duties.
The accusation, arrest, or detention
of a senator shall be made only with
the permission of the Senate or by
the Standing Committee of the Senate
between sessions, except in the case
of flagrant delicto. In that case
the competent authority shall
immediately report to the senate or
to the Standing Committee for
decision.
The decision made by the Standing
Committee of the Senate shall be
submitted to the Senate at its
session for approval by a two-thirds
majority vote of all senators. In
any case, detention or prosecution
of a Senator shall be suspended by a
three-quarters majority vote of all
senators.
Article 105- New (As amended
March 1999):
The Senate shall have an autonomous
budget to conduct its functions.
Senators shall receive remuneration.
Article 106- New (As amended
March 1999):
The Senate shall hold its first
session no later than sixty days
after the election upon notice by
the King.
Before taking office, the Senate
shall decide on the validity of each
member's mandate and vote separately
to choose a president, Vice
president and its members of each
commission by a two- third majority
vote.
All Senators must take the oath
before taking office according to
the text contained in annex 7.
Article 107- New (As amended
March 1999):
The Senate shall hold its ordinary
sessions 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
one-third of the senate, the Senate
standing Committee shall call an
extraordinary session of the Senate.
Article 108- New (As amended
March 1999):
Between the senate sessions, the
Senate Standing Committee shall
mange the work of the Senate.
The permanent Standing Committee of
the Senate consists of the President
of the Senate and the Vice-
presidents and the Presidents of the
senate commissions.
Article 109- New (As amended
March 1999):
The Senate sessions shall be held in
the Royal capital of Cambodia in the
Senate Hall, unless stipulated
otherwise in the summons, owing to
special circumstances.
Except where so stipulated and
unless held at the place and date as
stipulated any meeting of the Senate
shall be considered as illegal and
void.
Article 110- New (As amended
March 1999):
The president of the Senate shall
chair the Senate sessions, receive
draft bill and resolutions adopted
by the senate, ensure the
implementation of the internal rules
of procedure and manage the senate's
relations with foreign countries.
If the President is unable to
perform his duties owing to illness
or to fulfill the functions of Head
of State as interim or as Regent, or
is on a mission abroad, a Vice
President shall replace him.
In case of resignation or death of
the president or Vice Presidents,
the Assembly shall elect a new
President or Vice Presidents.
Article 111- New (As amended
March 1999):
The Senate sessions shall be held in
public.
The Senate shall meet in closed
session at the request of the
President or of at least one-tenths
of its members, of the King or of
the Prime Minister or the President
of Assembly.
The Senate meeting shall be
considered as valid provided there
is a quorum of seven-tenths of all
members.
The numbers of votes which are
required for the Assembly approval
as provided for in the constitution
shall be applied to the Senate as
well.
Article 112- New (As amended
March 1999):
The Senate has the duties to
coordinate the work between the
Assembly and the Government.
Article 113- New (As amended
March 1999):
The senate shall examine and give a
recommendation to a draft or
proposed law that was firstly
adopted by the Assembly and other
matters that the Assembly submitted
within no more than one month. If it
is an emergency case that duration
shall be reduced to seven days.
If the Senate approves, or
disapproves but not within the time
limit stipulated above, the law
adopted by the Assembly shall be
promulgated.
If the Senate calls for the
modification of the draft and the
proposed law the Assembly shall take
that draft and that proposed law
into account a second time
immediately. The Assembly shall
examine and decide whether to
eliminate all or some of the
provisions or any terms that the
Senate calls for so doing.
The exchange of the draft or the
proposed law between the Senate and
the Assembly shall be done only
within one month. This duration
shall be reduced to ten days if it
is the case of national budget or
finance and the duration shall be
reduced to only two days if it is an
urgent case.
If the Assembly withholds for longer
than the time stipulated or delays
while inspecting the law the
principle duration for the Assembly
and the Senate shall be extended so
that the time duration for both are
equal.
If the Senate rejects the draft or
the proposed law this draft or
proposed law cannot be reviewed a
second time by the Assembly before
one-month duration. This duration
shall be reduced to fifteen days in
the case of the national budget and
finance cases and to four days if it
is an urgent case.
In the examination of the draft and
the proposed law a second time the
Assembly shall adopt same by open
vote with an absolute majority.
The draft or the proposed laws
adopted by the above method shall
then be sent for promulgation.
Article 114- New (As amended
March 1999):
The Senate shall establish necessary
commissions. The organizing and the
functioning of the Senate shall be
provided for in the Internal Rules
of the Senate. These internal rules
shall be approved by a two-third
majority vote of all senators.
Article 115- New (As amended
March 1999):
In the case of a senator dying,
resigning, or breaching the rules of
membership of the senate, within at
least six months before expiration
of the term, the vacancy shall be
filled by a person appointed or
elected according to the procedures
stipulated in the internal rules of
the Senate and the law on the
election and nomination of senators.
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CHAPTER IX: THE
ASSEMBLY AND THE SENATE |
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Article 116- New (As
amended March 1999):
In the special case, the Assembly
and the Senate can assemble as the
congress to resolve the important
issues of the nation.
Article 117- New (As amended
March 1999):
The national issues mentioned above
in new article 116 and the
organizing and functioning of the
congress shall be determined by Law.
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CHAPTER X: THE
ROYAL GOVERNMENT |
|
Article 118- New
(Previously Article 99):
The Council of Ministers is the
Royal Government of Cambodia.
The Council of Ministers shall be
led by one Prime Minister assisted
by Deputy Prime Ministers, and by
State Ministers, Ministers, and
State Secretaries as members.
Article 119- New (Previously
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 120- New (Previously
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 121- New (Previously
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 122- New (Previously
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 123- New (Previously
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 124- New (Previously
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 125- New (Previously
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 126- New (Previously
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 127- New (Previously
Article 108):
The organization and functioning of
the Council of Ministers shall be
determined by law.
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CHAPTER XI: THE
JUDICIARY |
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Article 128- New
(Previously 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 129- New (Previously
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 130- New (Previously
Article 111):
Judicial power shall not be granted
to the legislative or executive
branches.
Article 131- New (Previously
Article 112):
Only the Department of Public
Prosecution shall have the right to
file criminal suits.
Article 132- New (Previously
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 133- New (Previously
Article 114):
Judges shall not be dismissed. The
Supreme Council of the Magistracy
shall take disciplinary actions
against any delinquent judges.
Article 134- New (Previously
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 135- New (Previously
Article 116):
The statutes of judges and
prosecutors and the functioning of
the judiciary shall be defined in
separate laws.
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CHAPTER XII: THE
CONSTITUTIONAL COUNCIL |
|
Article 136- New
(previously Article 117 and as
amended March 1999):
The Constitutional Council shall
have the duty to safeguard respect
of the constitution, interpret the
Constitution and laws adopted by the
National Assembly and reviewed
completely by the Senate.
The Constitutional Council shall
have the right to receive and decide
on disputes concerning the election
of deputies and the election of
members of Senate.
Article 137- New (Previously
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 138- New (Previously
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 139- New (previously
Article 120 and as amended March
1999):
The function of member of the
Constitutional Council shall be
incompatible with the functions of
members of Senate, deputies, members
of the royal government, sitting
Judges, any function in public
service, President or Vice-president
of a political party or President or
Vice-president of a union.
Article 140- New (previously
Article 121 and as amended March
1999):
The King, The Prime Minister, The
President of the National Assembly,
1/10 of the members of National
Assembly, The President of the
Senate, or 1/4 of the members of
Senate may send draft laws adopted
by National Assembly to the
Constitutional Council for review
before promulgation.
Internal rules of the National
Assembly, Internal rules of the
Senate and other organizational laws
shall be sent to the Constitutional
Council for review before their
promulgation. The constitutional
council shall decide within thirty
days (30) at the latest whether the
above laws and internal rules of the
National Assembly or the Senate are
constitutional.
Article 141- New (previously
Article 122 and as amended March
1999):
After promulgation of any law, the
King, the President of the Senate,
the President of the National
Assembly, the Prime Minister, ¼ of
members of Senate, 1/10 of members
of National Assembly or the Courts
may request the Constitutional
Council to review the
constitutionality of that law.
Khmer Citizens shall have the right
to appeal against the
constitutionality of any law through
their representative or President of
National Assembly or member of the
Senate or President of the Senate as
mentioned in the above articles.
Article 142- New (Previously
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 143- New (Previously
Article 124):
The King shall consult with the
Constitutional Council on all
proposals to amend the Constitution.
Article 144- New (Previously
Article 125):
An organic law shall specify the
organization and operation of the
Constitutional Council.
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CHAPTER XIII:
THE ADMINISTRATION |
|
Article 145- New
(Previously 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 146- New (Previously
Article 127):
Provinces, municipalities,
districts, khan, khum and sangkat
shall be governed in accordance with
organic law.
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CHAPTER XIV: THE
NATIONAL CONGRESS |
|
Article 147- New
(Previously 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 148- New (Previously
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 149- New (Previously
Article 130):
The National Congress adopts
recommendations the Senate the
National Assembly and to the
Executive branch for reflection.
The organization and operation of
the National Congress should be
determined by law.
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CHAPTER XV:
EFFECTS, REVISIONS AND AMENDMENTS OF
THE CONSTITUTION |
|
Article 150- New
(Previously 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 151- New (Previously
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 152- New (Previously
Article 133):
Revisions or amendments shall be
prohibited when the country is in a
state of emergency, as outlined in
Article 86.
Article 153- New (Previously
Article 134):
Revision or amendment affecting the
system of liberal and pluralistic
democracy and the regime of
Constitutional Monarchy shall be
prohibited.
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CHAPTER XVI:
TRANSITIONAL PROVISIONS |
|
Article 154- New
(Previously Article 135):
This Constitution, after its
adoption, shall be declared in full
force immediately by the King of
Cambodia.
Article 155- New (Previously
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 156- New (Previously
Article 137 and as amended March
1999):
After this Constitution takes
effect, the King shall be selected
in accordance with conditions
stipulated in articles 13(New) and
14.
Article 157- New (Previously
Article 138 and as amended March
1999):
After this constitution takes
effect, and during the first
legislature, the King of the Kingdom
of Cambodia shall appoint a First
Prime-Minister and a Second Prime
Minister to form the Royal
Government after securing the
consent of the President and the two
Vice Presidents of the Assembly.
The Co-Presidents existing before
the adoption of this Constitution
shall participate as members of the
Committee and in the Throne Council
as stipulated in article s 11 and 13
above.
The first term of the Senate shall
be 5 years and shall be ended after
the new Senate taking over the
office.
For the first term of the Senate:
The total member of members shall be
sixty-one.
The King shall appoint two members
including the President the first
Vice President the second
Vice-President of the Senate.
Other members of the Senate shall be
nominated by the king upon proposal
by the president of Senate and
President of National Assembly from
among members of political parties
which have seats in the National
Assembly.
The joint meeting between the
National Assembly and the Senate
shall be conducted by both
presidents of these institutions.
Article 158- New (Previously
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.
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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
This Constitutional law was adopted
by the National Assembly of the
Kingdom of Cambodia on the 4th
March, 1999 in its 2nd plenary
meeting.
Phnom Penh, 6 March 1999
National Assembly President
Norodom
Ranariddh |
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