CONSTITUTION
DATED
SEPTEMBER 24, 1993
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 destruction and
having experienced a tragic decline in the course of the two decades,
awakened, stood up with a resolute
determination to strengthen the national unity, to preserve and defend
Cambodia’s territory and its precious sovereignty and the prestige of Angkor
civilization, and to restore Cambodia into an "Island of Peace" based
on a multi-party liberal democratic regime guaranteeing human rights and the
respect of law, and responsible for the destiny of the nation always evolving
toward progress, development, prosperity, and glory,
with this resolute will
We inscribe the following as the Constitution
of the Kingdom of Cambodia:
CHAPTER
I:
SOVEREIGNTY
Article 1:
Cambodia is a Kingdom with a King who shall
rule according to the Constitution and to the principles of liberal democracy
and pluralism.
The Kingdom of Cambodia shall be independent,
sovereign, peaceful, permanently neutral and non-aligned country.
Article 2:
The territorial integrity of the Kingdom of
Cambodia, shall absolutely not to be violated within its borders as defined in
the 1/100,000 scale map made between the 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: (amended by Constitutional law dated March 8, 1999)
If the King cannot perform his normal duties
as Head of State due to His serious illness, as certified by doctors chosen by
the Chairman of the National Assembly and the Prime Minister, the Chairman of
the National Assembly shall perform the duties of Head of State as "regent".
Article 12: (amended
by Constitutional law dated March 8, 1999)
In case of the death of the king, the
Chairman of the National Assembly shall take over the responsibility as Acting
Head of State in the capacity of Regent of the Kingdom of Cambodia.
Article 13: (amended by Constitutional law dated March 8, 1999)
Within a period of not more than seven days,
the new King of the Kingdom of Cambodia shall be chosen by the Royal Council of
the throne.
The Royal Council of the Throne shall consist
of:
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 bloodline 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: (amended
by Constitutional law dated March 8, 1999)
The King shall communicate with the assembly
by Royal messages. These Royal messages shall not be subjected to discussion by
the National Assembly.
Article 19:
The King shall appoint the Prime Minister and
the Council of Ministers according to the procedures stipulated in Article 100.
Article 20:
The King shall grant an audience twice a
month to the Prime Minister and the Council of Ministers to hear their reports
on the State of the Nation.
Article 21:
Upon Proposals by the Council of Ministers,
the King shall sign 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 krets appointing, transferring or removing
judges.
Article 22: (amended
by Constitutional law dated March 8, 1999)
When the nation faces danger, the King shall
make a proclamation to the people putting the country in state of emergency
after agreement with the Prime Minister and the Chairman of the National
Assembly.
Article 23:
The King is the Supreme Commander of the
Royal Khmer Armed Forces. The Commander-in-Chief of the Royal Khmer Armed
Forces shall be appointed to command the Armed Forces.
Article 24: (amended
by Constitutional law dated March 8, 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.
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: (amended
by Constitutional law dated March 8, 1999)
The King shall sign and ratify international
treaties and conventions after a vote of approval by the National Assembly.
Article 27:
The King shall have the right to grant
partial or complete amnesty.
Article 28: (amended
by Constitutional law dated March 8, 1999)
The King shall sign the law promulgating the
Constitution, krams adopted by the National Assembly, and sign krets presented
by the Council of Minister.
Article 29:
The King shall establish and confer national
medals proposed by the Council of Ministers. The King shall confer civil and
military ranks as determined by law.
Article 30: (amended
by Constitutional law dated March 8, 1999)
In the absence of the King, the President of
the National Assembly shall assume the duty as acting Head of State.
CHAPTER
III:
THE
RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
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 law.
Article 34: (amended
by Constitutional law dated March 8, 1999)
Citizens of either sex shall enjoy the right
to vote and to stand as candidates for the election.
Citizens of either sex of at least eighteen years
old, have the right to vote. Citizens of either sex of at least 25 years old,
have the right to stand as candidates for the election.
Provisions restricting the right to vote and
to stand for the election shall be defined in the Electoral law.
Article 35:
Khmer citizens of either sex shall have the
right to participate actively in the political, economic, social and cultural
life of the nation.
Any suggestions from the people shall be
given full consideration by the grant of the State.
Article 36:
Khmer citizens of either sex shall enjoy the
right to choose any employment according their ability and to the needs of the
society.
Khmer citizens of either sex shall receive
equal pay for equal work.
The work by housewives in the home shall have
the same value as what they can receive when working outside the home.
Every Khmer citizen shall have the right to
obtain social security and other social benefits as determined by law.
Khmer citizens of either sex shall have the
right to form and to be member of trade unions.
The organization and conduct of trade unions
shall be determined by law.
Article 37:
The right to strike and to non-violent
demonstration shall be implemented in the framework of a law.
Article 38:
The law guarantees there shall be no physical
abuse against any individual.
The law shall protect life, honor, and
dignity of the citizens.
The prosecution, arrest, or detention of any
person shall not be done except in accordance with the law.
Coercion, physical ill treatment or any other
mistreatment that imposes additional punishment on a detainee or prisoner shall
be prohibited. Persons who commit, participate or conspire in such acts shall
be punished according to the law.
Confessions obtained by physical or mental
force shall not be admissible as evidence of guilt.
Any case of doubt, it shall be resolved in
favor of the accused.
The accused shall be considered innocent
until the court has judged finally on the case.
Every citizen shall enjoy the right to
defense through judicial recourse.
Article 39:
Khmer citizens shall have the right to
denounce, make complaints or file claims against any breach of the law by state
and social organs or by members of such organs committed during the course of
their duties. The settlement of complaints and claims shall be the competence
of the courts.
Article 40:
Citizens’ freedom to travel, far and near, and
legal settlement shall be respected.
Khmer citizens shall have the right to travel
and settle abroad and return to the country.
The rights to privacy of residence, and to
the secrecy of correspondence by mail, telegram, fax, telex and telephone shall
be guaranteed.
Any search of the house, material and body
shall be in accordance with the law.
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: (amended
by Constitutional law dated March 8, 1999)
The Kingdom of Cambodia adopts a policy of
Liberal Democracy and Pluralism.
The Cambodian people are the master of their
own country.
All powers belong to the people. The people
exercise these powers through the National Assembly, the Royal Government and
the Judiciary.
The Legislative, Executive, and the Judicial
powers shall be separate.
Article 52:
The Royal Government of Cambodia shall
protect the independence, sovereignty, 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 that 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 that 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.
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.
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 member(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 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 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.
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).
The National Assembly sessions shall be held
in public.
The National Assembly shall meet in closed
session at the request of the Chairman or of at least 1/10 of its members, of
the King or of the Prime Minister.
The National Assembly meeting shall be
considered as valid provided there is a quorum of 7/10 of all members.
Article 89:
Upon the request by at least 1/10 of its
members the National Assembly shall invite a high-ranking official to clarify
important special issues.
Article 90:
The National Assembly shall be the only organ
to hold legislative power. This power shall not be transferable to any other
organ or any individual.
The National Assembly shall approve the
national budget, State Plannings, loans, lendings and the creation, changes or
annulment of tax.
The National Assembly shall approve
Administrative Accounts.
The National Assembly shall approve the law
on amnesty.
The National Assembly shall approve or annul
treaties or international convention.
The National Assembly shall approve law on
the declaration of war.
The adoption of the above-mentioned clauses
shall be decided by a simple majority of the entire assembly membership.
The National Assembly shall pass a vote of
confidence in the Royal Government by a 2/3 majority of all members.
Article 91:
The deputies and the Prime Minister shall
have the right to initiate legislation.
The deputies shall have the right to propose
any amendments to the laws, but the proposals shall be unacceptable if they aim
at reducing public income or increasing the burden on the people.
Article 92:
Laws adopted by the National Assembly which
run counter to the principles of preserving national independence, sovereignty,
territorial integrity, and affect the political unity or the administration of
the nation shall be annulled. The Constitutional Council is the only organ that
shall decide upon this annulment.
Article 93:
Any law approved by the National Assembly and
signed by the King for its promulgation shall go into effect in Phnom Penh 10
days after signing and throughout the country 20 days after its signing.
Laws that are stipulated as urgent shall take
effect immediately throughout the country after promulgation.
All laws promulgated by the King shall be
published in the Official Gazette and published throughout the country in
accordance with the above schedule.
Article 94:
The National Assembly shall establish various
necessary commissions. The organization and functioning of the National
Assembly shall be determined by the Internal Rules of Procedure of the National
Assembly.
Article 95:
In case of death, resignation, or dismissal
of an assembly deputy at least 6 months before the end of the mandate, a
replacement shall be appointed in accordance with the Internal Rules of
Procedure of the National Assembly and the Electoral Law.
Article 96:
The deputies have the right to put a motion
against the Royal Government. The motion shall be submitted in writing through
the Chairman of the National Assembly.
The replies shall be given by one or several
ministers depending on the matters related to the accountability of one or
several ministers. If the case concerns the overall policy of the Royal
Government, the Prime Minister shall reply in person.
The explanations by the ministers or by the
Prime Minister shall be given verbally or in writing.
The explanations shall be provided within 7
days after the day when the question is received.
In case of verbal reply, the Chairman of the
National Assembly shall decide whether to hold an open debate or not. If there
is no debate, the answer of the minister or the Prime Minister shall be
considered final. If there is a debate, the questioner, other speakers, the
ministers, or the Prime Minister may exchange views within the time frame not
exceeding one session.
The National Assembly shall establish one day
each week for questions and answers. There shall be no vote during any session
reserved for this purpose.
Article 97:
The National Assembly commissions may invite
any minister to clarify certain issues under his/her field of responsibility.
Article 98:
The National Assembly shall dismiss a member
or members of the Royal Government or the whole Cabinet by the adoption of a
motion of censure by 2/3 majority of the entire National Assembly.
The motion of censure shall be proposed to
the National Assembly by at least 30 assembly members in order for the entire
National Assembly to decide.
CHAPTER
VIII
THE
SENATE
(Constitutional law dated March 8, 1999)
CHAPTER
IX
THE
NATIONAL ASSEMBLY AND THE SENATE
(amended by Constitutional law dated March 8,
1999)
CHAPTER
X:
THE
ROYAL GOVERNMENT
(amended by Constitutional law dated March 8,
1999)
Article 99:
The Council of Ministers is the Royal
Government of the Kingdom of Cambodia.
The Council of Ministers shall be led by one
Prime Minister assisted by Deputy Prime Ministers and by Senior Ministers,
Ministers, and Secretaries of State as members.
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 krets appointing the entire Council
of Ministers.
Before taking office, the Council of
Ministers shall take an oath as stipulated in Annex 6.
Article 101:
The functions of members of the Royal
Government shall be incompatible with professional activities in trade or
industry and with the holding of any position in the public service.
Article 102:
Members of the Royal Government shall be
collectively responsible to the National Assembly for the overall policy of the
Royal Government.
Each member of the Royal Government shall be
individually responsible to the Prime Minister and the National Assembly for
his/her own conduct.
Article 103:
Members of the Royal Government shall not use
the orders, written or verbal, of anyone as grounds to exonerate themselves
from their responsibility.
Article 104:
The Council of Ministers shall meet every
week in plenary session or in a working session.
The Prime Minister shall chair the plenary
sessions.
The Prime Minister may assign a Deputy Prime
Minister to preside over the working sessions.
Minutes of the Council of Minister’s meetings
shall be forwarded to the King for His information.
Article 105:
The Prime Minister shall have the right to
delegate his power to a Deputy Prime Minister or to any member of the Royal
Government.
Article 106:
If the post of Prime Minister is permanently
vacant, a new Council of Ministers shall be appointed under the procedure
stipulated in this Constitution. If the vacancy is temporary, an acting Prime
Minister shall be provisionally appointed.
Article 107:
Each member of the Royal Government shall be
punished for any crimes or misdemeanors that he/she has committed in the course
of his/her duty.
In such cases and when he/she has committed
serious offenses in the course of his/her duty, the Assembly shall decide to
file charges against him/her with the competent court.
The assembly shall decide on such matters
through a secret vote by a simple majority thereof.
Article 108:
The organization and functioning of the
Council of Ministers shall be determined by law.
CHAPTER
XI:
THE
JUDICIARY
(amended by Constitutional law dated March 8,
1999)
The Judicial power shall be an independent
power
The Judiciary shall guarantee and uphold
impartiality and protect the rights and freedoms of the citizens.
The Judiciary shall cover all lawsuits
including administrative ones.
The authority of the Judiciary shall be
granted to the Supreme Court and to the lower courts of all sectors and levels.
Article 110:
Trials shall be conducted in the name of
Khmer citizens in accordance with the legal procedures and laws in force.
Only judges shall have the right to
adjudicate. A judge shall fulfill this duty with strict respect for the laws,
wholeheartedly, and conscientiously.
Judicial power shall not be granted to the
legislative or executive branches.
Article 112:
Only the Department of Public Prosecution
shall have the right to file criminal suits.
The King shall be the guarantor of the independence
of the Judiciary. The Supreme Council of the Magistracy shall assist the King
in this matter.
Article 114:
Judges shall not be dismissed. The Supreme
Council of the Magistracy shall take disciplinary actions against any
delinquent judges.
Article 115:
The Supreme Council of the Magistracy shall
be created by a law that
shall determine its composition and attributions
The Supreme Council of the Magistracy shall
be chaired by the King. The King may appoint a representative to chair the
Supreme Council of the Magistracy.
The Supreme Council of the Magistracy shall
make proposals to the King on the appointment of judges and prosecutors to all
courts.
The Supreme Council of Magistracy shall meet
under the chairmanship of the President of the Supreme Court or the General
Prosecutor of the Supreme Court to decide on disciplinary actions against
judges or prosecutors.
Article 116:
The statutes of judges and prosecutors and
the functioning of the judiciary shall be defined in separate laws.
THE
CONSTITUTIONAL COUNCIL
(amended by Constitutional law dated March 8,
1999)
Article 117:
The Constitutional Council shall have the
duty to safeguard respect for the Constitution, and the laws passed by the
National Assembly.
The Constitutional Council shall have the
right to examine and decide on contested cases involving the election of
assembly members.
Article 118:
The Constitutional Council shall consist of
nine members with a nine-year mandate. 1/3 of the members of the Council shall
be replaced every three years. 3 members shall be appointed by the King, 3
members by the National Assembly and 3 others by the Supreme Council of the
Magistracy.
The Chairman shall be elected by the members
of the Constitutional Council. He/she shall have a deciding vote in cases of
equal vote.
Article 119:
Members of the Constitutional Council member
shall be selected among the dignitaries with a higher-education degree in law,
administration, diplomacy or economics and who have considerable work
experience.
Article 120:
The function of a Constitutional Council
member shall be incompatible with that of a member of the Royal Government,
member of the National Assembly, Chairman or Vice-Chairman of a political
party, President or Vice-President of a trade-union or in-post judges.
Article 121:
The King, the Prime Minister, the Chairman of
the National Assembly, or 1/10 of the assembly members shall forward draft
bills to the Constitutional Council for examination before their promulgation.
The Rules of Procedure of the National
Assembly and various organizational laws shall be forwarded to the
Constitutional Council before their promulgation.
The Constitutional Council shall decide
within no more than thirty days whether the laws and the Internal Rules of
Procedure are constitutional.
Article 122:
After a law is promulgated, the King, the
Prime Minister, the Chairman of the National Assembly, 1/10 of the assembly
members or the courts, may ask the Constitutional Council to examine the
Constitutionality of that law.
Citizens shall have the right to appeal
against the constitutionality of laws through their representatives or the
Chairman of the National Assembly as stipulated in the above paragraph.
Article 123:
Provisions in any article ruled by the
Constitutional Council as unconstitutional shall not be promulgated or
implemented.
The decision of the Constitutional Council is
final.
Article 124:
The King shall consult with the
Constitutional Council on all proposals to amend the Constitution.
Article 125:
An organic law
shall specify the organization and operation of the Constitutional Council.
CHAPTER
XIII:
THE
ADMINISTRATION
(amended by Constitutional law dated March 8,
1999)
Article 126:
The territory of the Kingdom of Cambodia
shall be divided into provinces and municipalities.
Provinces shall be divided into districts
(srok) and districts into communes (khum).
Municipalities shall be divided into Khan and
Khan into Sangkat.
Article 127:
Provinces, municipalities, districts, khan,
khum and sangkat shall be governed in accordance with organic law.
CHAPTER
XIV:
THE
NATIONAL CONGRESS
(amended by Constitutional law dated March 8,
1999)
Article 128:
The National Congress shall enable the people
to be directly informed on various matters of national interests and to raise
issues and requests for the State authority to solve.
Khmer citizens of both sexes shall have the
right to participate in the National Congress.
Article 129:
The National Congress shall meet once a year
in early December at the convocation of the Prime Minister.
It shall proceed under the chairmanship of
the King.
Article 130:
The National Congress shall adopt
recommendations for consideration by State authorities and the National
Assembly.
The organization and operation of the
National Congress shall be defined by a law.
CHAPTER
XV:
EFFECTS,
REVISIONS AND AMENDMENTS OF THE CONSTITUTION
(amended by Constitutional law dated March 8,
1999)
Article 131:
This Constitution shall be the Supreme law of
the Kingdom of Cambodia.
Laws and decisions by the State institutions
shall have to be in strict conformity with the Constitution.
Article 132:
The initiative to review or to amend the Constitution
shall be the prerogative of the King, the Prime Minister, the Chairman of the
National Assembly at the suggestion of 1/4 of all the assembly members.
Revision or amendments shall be enacted by a
Constitutional law passed by the National Assembly with a 2/3-majority vote.
Article 133:
The revision or the amendment of the
Constitution shall be forbidden when the Nation will be in a state of emergency
as provided in article
86.
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
(amended by Constitutional law dated March 8,
1999)
Article 135:
This Constitution, after its adoption, shall
be declared in force immediately by the Head of State of Cambodia.
Article 136:
After the entry into force of this
Constitution, the Constituent Assembly shall become the National Assembly.
The Internal Rules of Procedure of the
National Assembly shall come into force after adoption by the National
Assembly.
In the case where the National Assembly is
not yet functional, the Chairman, the First and Second Vice-Chairmen of the
Constituent Assembly shall participate in the discharge of duties in the
Council of the Throne if so required by the situation in the country.
Article 137:
After this Constitution takes effect, the
King shall be selected in accordance with conditions stipulated in articles 13 and 14.
After this Constitution takes effect, and
during the first legislature, the King of the Kingdom of Cambodia shall appoint
a First Prime Minister and Second Prime Minister to form the Royal Government
after securing the consent of the Chairman, the First and Second Vice-Chairmen
of the Constituent Assembly.
The Co-Chairmen existing before the adoption
of this Constitution shall participate as members of the Committee and in the
Council of the Throne as stipulated in articles 11 and 13 above.
Article 139:
Laws and standard documents in Cambodia that
safeguard State properties, rights, freedom and legal private properties and in
conformity with the national interests, shall continue to be effective until
altered or abrogated by new texts, except those provisions that are contrary to
the spirit of this Constitution.
This Constitution was adopted by the
Constitutional Assembly in Phnom Penh on September 21, 1993 at its 2nd plenary
session.
Phnom Penh, September 21, 1993
The President,
Son San