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CONSTITUTION
OF THE KINGDOM
OF CAMBODIA
(ANNOTATED)
This
Constitution was adopted by the Constitutional Assembly
in Phnom Penh on September 21, 1993 at its 2nd Plenary
Session.
Amendments passed 4th March 1999
N.B:THIS VERSION OF THE CAMBODIAN CONSTITUTION IS TAKEN FROM THE TRANSLATION PROVIDED IN THE UNDP LEGAL DATA
BASE. THE ANNOTATIONS
AND TRANSLATIONS OF THE 1999 AMENDMENTS ARE THE WORK OF THE USF
CAMBODIA PROJECT – IT IS NOT AN OFFICIAL TRANSLATION AND IS
INTENDED FOR TEACHING PURPOSES ONLY.
THE ANNOTATIONS ARE INCLUDED IN THE MAIN TEXT OF THE
CONSTITUTION and are set out as follows:
·
WHERE
THE 1999 AMENDMENTS REMOVED
WORDS FROM THE 1993 ORIGINAL THIS IS INDICATED BY THE removed WORD(S)
BEING CROSSED OUT IN THIS ANNOTATED VERSION;
·
WHERE
THE 1999 AMENDMENTS ADDED
WORDS TO THE ORIGINAL THESE ARE INDICATED BY THE ADDED WORD(S) BEING
UNDERLINED IN THIS ANNOTATED VERSION;
·
WHERE
ARTICLES HAVE BEEN RENUMBERED
THE PREVIOUS ARTICLE IS GIVEN IN BRACKETS.
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:
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 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 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 (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 National
Assembly and the Prime Minister, the President of the National
Assembly 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 the 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:
A.
First Vice-President of the Senate
B.
First Vice-President of the Assembly
C.
Second Vice-President of the Senate
D.
Second Vice-President of the Assembly
Article 12 (As amended March 1999):
In
case of the death of the King, the President of the National
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 (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 National 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 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 (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 (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 National 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 (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 National 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 (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 (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 (As amended March 1999):
In
the absence of the King, the President of the National 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.
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 (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 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 (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, and 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 (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 (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 (As amended March 1999):
Any
law approved by the National 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 their promulgation shall be
published in the official journal and announced 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.
CHAPTER VIII
The Senate
Article
99 - New (Added 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 do 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 (Added 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 (Added March 1999):
The
organization and operating procedures concerning the nomination and
election of the Senators and the determination of the electors,
election organisation and electoral constituencies shall be
determined by law.
Article 102 - New (Added 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 (Added 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 (Added
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 flagrante
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 (Added March 1999):
The
Senate shall have an autonomous budget to conduct its functions.
Senators
shall receive remuneration.
Article
106 - New (Added March 1999):
The
Senate shall hold its first session no later that 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 (Added 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 (Added 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 (Added 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 (Added 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
fulfil 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 (Added 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 the 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 (Added March 1999):
The
Senate has the duties to coordinate the work between the Assembly
and the Government.
Article
113 - New (Added 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 (Added 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 (Added 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.
CHAPTER IX
THE ASSEMBLY AND THE SENATE
Article
116 - New (Added 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 (Added March 1999):
The
national issues mentioned above in new article 116 and the
organizing and functioning of the congress shall be determined by
Law.
CHAPTER X
THE ROYAL GOVERNMENT
Article
118 (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 (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 (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 (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 (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 (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 (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 (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 (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 (Previously Article 108):
The
organization and functioning of the Council of Ministers shall be
determined by law.
CHAPTER XI
THE JUDICIARY
Article
128 (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 (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 (Previously Article 111):
Judicial
power shall not be granted to the legislative or executive branches.
Article
131 (Previously Article 112):
Only
the Department of Public Prosecution shall have the right to file
criminal suits.
Article
132 (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 (Previously Article 114):
Judges
shall not be dismissed. The Supreme Council of the Magistracy shall
take disciplinary actions against any delinquent judges.
Article
134 (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 (Previously Article 116):
The
statutes of judges and prosecutors and the functioning of the
judiciary shall be defined in separate laws.
CHAPTER XII
THE CONSTITUTIONAL COUNCIL
Article
136 (Previously Article 117)(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 (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 (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 (Previously Article 120)(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 (Previously Article 121)(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 (Previously Article 122)(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.
New Article 142 (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.
New
Article 143 (Previously Article 124):
The
King shall consult with the Constitutional Council on all proposals
to amend the Constitution.
New Article 144 (Previously Article 125):
An
organic law shall specify the organization and operation of the
Constitutional Council.
CHAPTER XIII
THE ADMINISTRATION
Article
145 (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 (Previously Article 127):
Provinces,
municipalities, districts, khan, khum and sangkat shall be governed
in accordance with organic law.
CHAPTER XIV
THE NATIONAL CONGRESS
Article
147 (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 (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 (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.
CHAPTER XV
EFFECTS, REVISIONS AND AMENDMENTS
OF THE
CONSTITUTION
Article
150 (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 (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 (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 (Previously Article 134):
Revision
or amendment affecting the system of liberal and pluralistic
democracy and the regime of Constitutional Monarchy shall be
prohibited.
CHAPTER XVI
TRANSITIONAL PROVISIONS
Article
154 (Previously Article 135)(As amended March 1999):
This
Constitution, after its adoption, shall be declared in full force
immediately by the Head of State King of Cambodia.
Article
155 (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 (Previously Article 137):
After
this Constitution takes effect, the King shall be selected in
accordance with conditions stipulated in articles 13 and 14.
Article
157 (Previously Article 138)(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 (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.
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
Ranhariddh |
