Cambodia - Constitution
{ Adopted: 21 Sep 1993
}
{ ICL Document Status:
21 Sep 1993 }
Preamble
We, the people of Cambodia;
Accustomed to having been an outstanding civilization, a prosperous, large,
flourishing and glorious nation, with high prestige radiating like a diamond;
Having declined grievously
during the past two decades, having gone through suffering and destruction,
and having been weakened terribly;
Having awakened and resolutely
rallied and determined to unite for the consolidation of national unity,
the preservation and defense of Cambodia's territory and precious sovereignty
and the fine Angkor civilization, and the restoration of Cambodia into
an "Island of Peace" based on multi-party liberal democratic responsibility
for the nation's future destiny of moving toward perpetual progress, development,
prosperity, and glory;
With this resolute will;
We inscribe the following
as the Constitution of the Kingdom of Cambodia:
Article
1 [Monarchy, Liberal Democracy, Pluralism, Independence]
(1) Cambodia is a Kingdom
with a King who rules according to the Constitution and to the principles
of liberal democracy and pluralism.
(2) The Kingdom of Cambodia
is an independent, sovereign, peaceful, permanently neutral and non-aligned
country.
Article
2 [Integrity]
The territorial integrity
of the Kingdom of Cambodia may absolutely not be violated within its borders
as defined in the 1/100,000 scale map made between the years 1933-1953
and internationally recognized between the years 1963-1969.
Article
3 [Indivisibility]
The Kingdom of Cambodia
is an indivisible State.
Article
4 [Motto]
The motto of the Kingdom
of Cambodia is: "Nation, Religion, King".
Article
5 [Language]
The official language and
script are Khmer.
Article
6 [Capital, Coat-of-arms]
(1) Phnom Penh is the capital
of the Kingdom of Cambodia.
(2) The national flag, anthem
and coat-of-arms are defined in Annexes I, II and III.
Article
7 [Head of State]
(1) The King of Cambodia
shall reign but not govern.
(2) The King is the Head
of State for life.
(3) The King is inviolable.
Article
8 [Unity]
(1) The King of Cambodia
shall be a symbol of unity and eternity of the nation.
(2) The King is the 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 [Arbitrator]
The King assumes the august
role of arbitrator to ensure the faithful execution of public powers.
Article
10 [Appointed Monarch]
(1) The Cambodian monarchy
is an appointed regime.
(2) The King does not have
the power to appoint a heir to the throne.
Article
11 [Disability, Regent]
If the King cannot perform
His normal duties as Head of State due to His serious illness as certified
by doctors chosen by the President of the Assembly and the Prime Minister,
the President of the Assembly performs the duties of Head of State as "Regent".
Article
12 [Death, Regent]
In case of the death of
the King, the President of the Assembly takes over the responsibility as
Acting Head of State in the capacity of Regent of the Kingdom of Cambodia.
Article
13 [Appointment of New Monarch]
(1) 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.
(2) The Royal Council of
The Throne shall consist of:
- the President of the National
Assembly;
- the Prime Minister;
- the Chiefs of the orders
of Mohanikay and Thammayut; and
- the First and Second Vice-President
of the Assembly.
(3) The organization and
functioning of the Council Throne shall be determined by law.
Article
14 [Dynasty]
(1) The King of Cambodia
shall be a member of the Royal family, of at least 30 years, descending
from the blood line of King Ang Duong, King Norodom or King Sisowath.
(2) Upon enthronement, the
King shall take the oath of allegiance as stipulated in Annex IV.
Article
15 [Queen]
(1) The wife of the reigning
King shall have the royal title of Queen of the Kingdom of Cambodia.
Article
16 [Functions of the Queen]
(1) The Queen of the Kingdom
of Cambodia does 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.
(2) The Queen of the Kingdom
of Cambodia shall exercise activities that serves the social, humanitarian
, religious interests, and shall assist the King with protocol and diplomatic
functions.
Article
17 [Eternal Restriction]
The provision as stated
in Article 7 (1), "the King shall reign but not govern",
may absolutely not be amended.
Article
18 [Royal Messages]
The King communicates with
the Assembly by royal messages. These royal messages may not be subjected
to discussion by the National Assembly.
Article
19 [Appointment of Ministers]
The King appoints the Prime
Minister and the Council of
Ministers according to the
procedure stipulated in Article 100.
Article
20 [Audience]
The King grants 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 [Other Appointments]
(1) Upon proposals by the
Council of Ministers, the King signs decrees appointing, transferring,
or ending the mission of high civil and military officials, ambassadors,
and Envoys Extraordinary and plenipotentiary.
(2) Upon proposal by the
Supreme Council of the Magistracy, the King signs decrees appointing, transferring,
or removing judges.
Article
22 [State of Emergency]
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 and the President
of the Assembly.
Article
23 [Supreme Commander]
The King is the Supreme
Commander of the Royal Khmer Armed Forces. The Commander-in-Chief of the
Royal Khmer Armed Forces is appointed to command the Royal Khmer Armed
Forces.
Article
24 [Defence, War]
(1) The King is serve as
Chairman of the Supreme Council of National Defence to be established by
law.
(2) The King declares war
after approval of the National Assembly.
Article
25 [Diplomacy]
The King receives letters
of credentials from ambassadors or envoys extraordinary and plenipotentiary
of foreign countries accredited to the Kingdom of Cambodia.
Article
26 [Treaties]
The King signs and ratifies
international treaties and conventions after a vote of approval by the
National Assembly.
Article
27 [Amnesty]
The King has the right to
grant partial or complete amnesty.
Article
28 [Countersignature]
The King signs the law promulgating
the Constitution, laws adopted by the National Assembly, and decrees presented
by the council of Ministers.
Article
29 [Medals, Ranks]
(1) The King establishs
and confers national medals proposed by the Council of Ministers.
(2) The King confers civil
and military ranks as determined by law.
Article
30 [Absence, Acting Head of State]
In the absence of the King,
the President of the Assembly assumes the duties of Acting Head of State.
Chapter III The Rights and Obligations Of Khmer Citizens
Article
31 [Human Rights, Equality, Restrictions]
(1) The Kingdom of Cambodia
recognizes and respects 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.
(2) Every Khmer citizen
is equal before the law, enjoying the same rights and freedom and fulfilling
the same obligations regardless of race, colour, sex, language, religious
belief, political tendency, birth origin, social status, wealth or other
status.
(3) The exercise of personal
rights and freedom by any individual may not adversely affect the rights
and freedom of others. The exercise of such rights and freedom must be
in accordance with law.
Article
32 [Life, Personal Freedom, Security]
Every Khmer citizen has
the right to life, personal freedom, and security.
Article
33 [Citizenship]
(1) Khmer citizens may not
be deprived of their nationality, exiled or arrested and deported to any
foreign country unless there is a mutual agreement on extradition.
(2) Khmer citizens residing
abroad enjoy the protection of the State.
(3) Khmer nationality is
determined by a law.
Article
34 [Electoral Rights]
(1) Khmer citizens of either
sex shall enjoy the right to vote and to stand as candidates for the election.
(2) Citizens of either sex
of at least eighteen years old, have the right to vote. (3) Citizens of
either sex of at least 25 years old, have the right to stand as candidates
for the election.
(4) Provisions restricting
the right to vote and to stand for the election are defined in the electoral
for the election.
Article
35 [Political Participation]
(1) Khmer citizens of either
sex are given the right to participate actively in the political, economic,
social and cultural life of the nation.
(2) Any suggestions from
the people shall be given full consideration by the organs of the State
Article
36 [Work]
(1) Khmer citizens of either
sex have the right to choose any employment according to their ability
and to the needs of the society.
(2) Khmer citizen of either
sex receive equal pay for equal work.
(3) The work by housewives
in the home has the same value as what they can receive when working outside
the home.
(4) Every Khmer citizens
has the right to obtain social security and other social benefits as determined
by law.
(5) Khmer citizens of either
sex have the right to form and to be members of trade unions.
(6) The organization and
conduct of trade unions is determined by law.
Article
37 [Strike, Demonstration]
The right to strike and
to non-violent demonstration is implemented in the framework of a law.
Article
38 [Procedural Guarantees]
(1) The law does not allow
physical abuse against any individuals.
(2) The law protects the
life, honor, and dignity of the citizens.
(3) The prosecution, arrest,
or detention of any person may only be executed in accordance with the
law.
(3) Coercion, physical ill-treatment
or any other mistreatment that imposes additional punishment on a detainee
or prisoner is prohibited. Persons who commit, participate, or conspire
in such acts are punished according to the law.
(4) Confession obtained
by physical mental force is not admissible as evidence of guilt.
(5) Khmer citizens of either
sex shall respect public and legally acquired private properties.
(6) Any case of doubt shall
be resolved in favor of the accused.
(7) The accused is to be
considered innocent until the court has judged finally on the case. (8)
Every citizen enjoys the right to defense through judicial recourse.
Article
39 [Complaints]
Khmer citizens have the
right to denounce, make complaints, or file claims against any breach of
the law by the State and social organs or by members of such organs committed
during the course of their duties. The settlement of complaints and claims
shall reside under the competence of the courts.
Article
40 [Travel]
(1) Citizens' freedom to
travel, far and near, and legal settlement has to be respected. (2) Khmer
citizens have the right to travel and settle abroad and return to the country.
(3) The right to privacy
of residence and to the secrecy of correspondence by mail, telegram, fax,
telex, and telephone is guaranteed.
(4) Any search of the house,
material, and body must be in accordance with the law.
Article
41 [Freedom of Expression]
(1) Khmer citizens have
freedom of expression, press, publication, and assembly. No one may exercise
this right to infringe upon the rights of others, to affect the good traditions
of the society, or to violate public law and order and national security.
(2) The regime of the media is determined by law.
Article
42 [Associations, Political Parties]
(1) Khmer citizens have
the right to establish associations and political parties. These rights
are determined by law.
(2) Khmer citizens may take
part in mass organizations for mutual benefit to protect national achievements
and social order.
Article
43 [Religion]
(1) Khmer citizens of either
sex enjoy the freedom of belief.
(2) Freedom of religious
belief and worship is guaranteed by the State on the condition that such
freedom does not affect other religious beliefs or violate public order
and security.
(3) Buddhism is the State
religion.
Article
44 [Property]
(1) All persons, individually
or collectively, have the right to ownership. Only Khmer legal entities
and citizens of Khmer nationality have the right to own land.
(2) Legal private ownership
is protected by the law.
(3) The right to confiscate
possessions from any person may only be exercised in the public interest
as provided for under law and requireds fair and just compensation in advance.
Article
45 [Gender Equality, Marriage]
(1) All forms of discrimination
against woman are abolished.
(2) The exploitation of
women in employment is prohibited in marriages and matters of the family.
(3) Marriage is to be conducted
according to conditions determined by law based on the principle of mutual
consent between one husband and one wife.
Article
46 [Women]
(1) The commerce of human
beings, exploitation by prostitution and obscenity which affect the reputation
of women is prohibited. (2) A woman may not lose her job because of pregnancy.
Women have the right to take maternity leave with full pay and with no
loss of seniority or other social benefits. (3) The State and society provides
opportunities to women, especially to those living in rural areas without
adequate social support, so they can get employment, medical care, send
their children to school, and have decent living conditions.
Article
47 [Parentage]
(1) Parents have the right
to take care of and educate their children to become good citizens.
(2) Children have the right
to take good care of their elderly mother and father according to Khmer
traditions.
Article
48 [Children]
(1) The State protects the
rights of the children as stipulated in the Convention on Children, particular,
the right to life, education, protection during wartime, and from economic
or sexual exploitation.
(2) The State protects children
from acts that are injurious to their education opportunities, health,
and welfare.
Article
49 [Duties]
(1) Every Khmer citizens
must respect the Constitution and laws.
(2) All Khmer citizens have
the duty to take part in the national reconstruction and to defend the
homeland. The duty to defend the country is determined by law.
Article
50 [Principles to be Respected]
(1) Khmer citizens of either
sex must respect the principles of national sovereign and liberal multi-party
democracy.
(2) Khmer citizens of either
sex must respect public and legally acquired private properties.
Article
51 [Liberal Democracy, Pluralism, Sovereignty, Powers]
(1) The Kingdom of Cambodia
adopts a policy of Liberal democracy and Pluralism.
(2) The Cambodian people
are the masters of their country.
(3) All powers belong to
the people. The people exercise these powers through the National Assembly,
the Royal Government, and the Judiciary.
(4) The Legislative, Executive,
and the Judicial powers are separated.
Article
52 [State Goals]
The Royal Government of
Cambodia protects the independence, sovereignty, and territorial integrity
of the Kingdom of Cambodia, adopts the policy of national reconciliation
to insure national unity, and preserves the good national traditions of
the country. The Royal Government of Cambodia preserves and protects the
law and ensures public order and security. The State gives priority to
endeavors which improve welfare and standard of living of the citizens.
Article
53 [Neutrality]
(1) 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.
(2) The Kingdom of Cambodia
may not invade any country, nor interfere in any other country's internal
affairs, directly or indirectly, and shall solve any problem peacefully
with due respect for mutual interests.
(3) The Kingdom of Cambodia
may not join in any military alliance or military pact which is incompatible
with its policy of neutrality.
(4) The Kingdom of Cambodia
may not permit any foreign military base on its territory and may not have
its own military base abroad, except within the framework of a United Nations
request.
(5) The Kingdom of Cambodia
reserves the right to receive foreign assistance in military equipment,
armaments, ammunition, in training of its armed forces, and other assistance
for self-defense and to maintain public order and security within its territory.
Article
54 [Prohibited Weapons]
The manufacturing, use,
storage of nuclear, chemical, or biological weapons shall be absolutely
prohibited.
Article
55 [Incompatible Treaties]
Any treaty and agreement
incompatible with the independence, sovereignty, territorial integrity,
neutrality, and national unity of the Kingdom of Cambodia is annulled.
Article
56 [Market Economy]
The Kingdom of Cambodia
adopts a market economy system. The preparation and process of this economic
system is determined by law.
Article
57 [Taxation, Budget, Finances]
(1) Tax collection must
be in accordance with the law. The national budget is determined by law.
(2) The management of the
monetary and financial system is defined by law.
Article
58 [State Property]
(1) 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.
(2) The control, use and
management of State properties is determined by law.
Article
59 [Environmental Protection]
The State protects the environment
and balances of abundant natural resources and establishes a precise plan
of management of land, water, air, wind geology, ecologic system, mines,
energy, petrol, and gas, rocks and sand, gems, forests and forestrial products,
wildlife, fish, and aquatic resources.
Article
60 [Production]
Khmer citizens have the
right to sell their own products. The obligation to sell products to the
State, or the temporary use of State of properties is prohibited unless
authorized by law under special circumstances.
Article
61 [Economic Development]
The State promotes 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 [Economic Goals]
The State pays attention
and helps solve production matters, protect the price of products for farmers
and crafters, and find marketplace for them to sell their products.
Article
63 [Market Management]
The State respects market
management in order to guarantee a better standard of living for the people.
Chapter VI Education, Culture, Social Affairs
Article
64 [Drugs]
The State bans and severely
punishes those who import, manufacture, or sell illicit drugs, counterfeit
and expired goods which affect health and life of the consumers.
Article
65 [Education, Sports]
(1) The State protects and
upgrades citizens' rights to quality education at all levels and takes
the necessary steps for quality education to reach all citizens.
(2) The State respects physical
education and sports for the welfare of all Khmer citizens.
Article
66 [Educational System]
The State establishes a
comprehensive and standardized education system throughout the country
that guarantees the principles of educational freedom and equality to ensure
that all citizens have equal opportunity to earn a living.
Article
67 [Educational Programs]
(1) The State adopts educational
programs according to the principle of modern pedagogy including technology
and foreign languages.
(2) The State controls public
and private schools and classrooms at all levels.
Article
68 [Free Education]
(1) The State provides primary
and secondary education to all citizens in public schools.
(2) The State disseminates
and developes the Pali schools and the Buddhist Institutes
Article
69 [Language, Culture]
(1) The State protects and
promotes the Khmer language as required. (2) The State preserves ancient
monuments, artifacts and restores historic sites.
Article
70 [Cultural Offences]
Any offense affecting cultural
and artistic heritage carries a severe punishment.
Article
71 [Neutral Zones]
The perimeter of the national
heritage sites as well as heritage that has been classified as world heritage,
is considered neutral zones where there may be no military activity.
Article
72 [Health Care]
(1) The health of the people
is to be guaranteed. The State gives full consideration to disease prevention
and medical treatment. Poor citizens receive free medical consultation
in public hospitals, infirmaries, and maternities.
(2) The State establishes
infirmaries in rural areas.
Article
73 [Support]
The State gives full consideration
to children and mothers. The State establishes nurseries and helps support
women and children who have inadequate support.
Article
74 [Veterans]
The State assists the disabled
and the families of combatants who sacrificed their lives for the nation.
Article
75 [Social Security System]
The State establishes a
social security system for workers and employees.
Article
76 [Election]
(1) The Assembly consists
of at least 120 members.
(2) The deputies are elected
by free, universal, equal, direct and secret ballot. The deputies may be
re-elected.
(3) Khmer citizens able
to stand for election are the Khmer citizens of either sex who have the
right to vote, at least 25 years of age, and who have Khmer nationalities
at birth.
(4) Preparation for the
election, procedure, and electoral process shall be determined by an Electoral
Law.
Article
77 [Representation]
(1) The deputies of the
Assembly represent the entire Khmer people, not only Khmers from their
constituencies.
(2) Any imperative mandate
is nullified.
Article
78 [Term, Re-Election]
(1) The legislative term
of the Assembly is five years and terminates on the day when the new assembly
convenes.
(2) The assembly may 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 Assembly President,
the King dissolves the Assembly.
(3) The election of a new
assembly has to 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.
(4) In times of war or other
special circumstances an election cannot be held, the Assembly may extend
its term for one year at a time, upon the request of the King.
(5) Such an extension requires
at least a two-third vote of the entire assembly.
Article
79 [Incompatibility]
(1) The assembly mandate
is 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.
(2) In these circumstances, the said Assembly members retain the usual
assembly membership but do not hold any position in the Permanent Standing
Committee and in other assembly commissions.
Article
80 [Immunity, Indemnity]
(1) The deputies shall have
parliamentary immunity.
(2) No assembly member shall
be prosecuted, detained or arrested because of opinions expressed during
the exercise of his or her duties.
(3) The decision made by
the Standing Committee of the assembly is made only with the permission
of the assembly or by the Standing Committee of the Assembly between sessions,
except in case of flagrante delicto. In that case, the competent
authority immediately reports to the assembly or to the Standing Committee
for decision.
(4) The decision made by
the Standing Committee of the assembly is submitted to the assembly at
its next session for approval by a two-third majority vote of the assembly
members.
(5) In any case, detention
or prosecution of a deputy is suspended by a 3/4 majority vote of the Assembly
members.
Article
81 [Remuneration]
(1) The assembly has the
autonomous budget to conduct its function.
(2) The deputies receive
a remuneration.
Article
82 [First Session]
(1) The assembly holds its
first session no later than sixty days after the election upon notice by
the King.
(2) Before taking office,
the assembly decides on the validity of each member's mandate and votes
separately to choose a President, Vice-Presidents and members of each Commission
by a two-third majority vote.
(3) All assembly members
must take the oath before taking office according to the text contained
in Annex 5.
Article
83 [Sessions]
(1) The assembly holds its
ordinary sessions twice a year.
(2) Each session lasts at
least 3 months. If there is a proposal from the King or the Prime Minister,
or at least 1/3 of the assembly members, the Assembly Standing Committee
calls an extraordinary session of the assembly.
(3) In this case, the agenda
with the conditions of the extraordinary, is to be disseminated to the
population as well as the date of the meeting.
Article
84 [Permanent Standing Committee]
(1) Between the assembly
sessions, the assembly's Permanent Standing Committee manages the work
of the assembly.
(2) The Permanent Standing
Committee of the assembly consists of the President of the Assembly, the
Vice-Presidents, and the presidents of assembly commissions.
Article
85 [Location]
(1) The assembly sessions
are to be held in the royal capital of Cambodia in the Assembly Hall, unless
stipulated otherwise in the summons, due to special circumstances.
(2) Except where so stipulated
and unless held at the place and date as stipulated, any meeting of the
assembly is considered as illegal and void.
Article
86 [Emergency Meeting]
(1) If the country is in
a state of emergency, the assembly meets every day continuously. The assembly
has the right to terminate this state of emergency whenever the situation
permits.
(2) If the 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.
(3) During the state of
emergency, the assembly cannot be dissolved.
Article
87 [Presidents of the Assembly]
(1) The President of the
assembly chairs the assembly sessions, receives draft bills and resolutions
adopted by the assembly, ensures the implementation of the Internal Rules
of procedure, and manages the assembly relations with foreign countries.
(2) If the President is
unable to perform his of her duties due to illness or to fulfill the functions
of Head of State ad interim or as a Regent, or is on a mission aborad,
a Vice-President replaces him.
(3) In case of resignation
or death of the President or the Vice-President(s), the Assembly elects
a new President or Vice-President(s).
Article
88 [Publicity, Quorum]
(1) The assembly sessions
are held in public.
(2) The assembly meets in
closed session at the request of the President or of at least 1/10 of its
members, of the King or of the Prime Minister.
(3) The assembly meeting
is considered as valid provided there is a quorum of 7/10 of all members.
Article
89 [Officials in Parliament]
Upon the request by at least
1/10 of its members, the assembly invites a high ranking official to clarify
important special issues.
Article
90 [Functions of the Assembly]
(1) The assembly is the
only organ to hold legislative power. This power is not transferable to
any other organ or any individual. (2) The assembly approves Administrative
Accounts.
(3) The assembly approves
the law on amnesty.
(4) The assembly approves
or annuls treaties or international conventions.
(5) The assembly approves
the law on the declaration of war. (6) The adoption of the above-mentioned
clauses is decided by a simply majority of the entire assembly membership.
(7) The assembly passes
a vote of confidence in the Royal Government by a two-thirds majority of
all members.
Article
91 [Initiative]
(1) The deputies and the
Prime Minister have the right to initiate legislation.
(2) The deputies have the
right to propose any amendments to the laws, but, the proposals is unacceptable
if they aim at reducing public income or increasing the burden on the people.
Article
92 [Annulment of Laws]
Laws adopted by the Assembly
which run counter to the principles of preserving national independence,
sovereignty, or administration of the nation shall be annulled. The Constitutional
Council is the only organ which decides upon this annulment.
Article
93 [Promulgation]
(1) Any law approved by
the Assembly and signed by the King for its promulgation, goes into effect
in Phnom Penh 10 days after signing and throughout the country 20 days
after its signing.
(2) Laws that are stipulated
as urgent take effect immediately throughout the country after promulgation.
(3) All laws promulgated
by the King must be published in the Journal Official and published throughout
the country in accordance with the above schedule.
Article
94 [Commissions, Internal Rules of Procedure]
The Assembly establishes
various necessary commissions. The organization and functioning of the
assembly is determined by the assembly Internal Rules of Procedure.
Article
95 [Replacement of Members]
In case of death, resignation,
or dismissal of an assembly deputy at least 6 months before the end of
the mandate, a replacement is appointed in accordance with the Internal
Rules of Procedure of the National Assembly and the Electoral Law.
Article
96 [Motion Against the Government, Questions]
(1) The deputies have the
right to put a motion against the Royal Government. The motion must be
submitted in writing through the President of the assembly.
(2) The replies shall be
given by one or several ministers depending on the matters 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.
(3) The explanations by
the ministers or by the Prime Minister are given verbally or in writing.
(4) The explanations must
be provided within 7 days after the day when the question is received.
(5) In case of verbal reply,
the President of the assembly decides whether to hold an open debate or
not. If there is no debate, the answer of the minister or the Prime Minister
is 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. (6) The assembly establishes one day each
week for questions and answers. There shall be no vote during any sessions
reserved for this purpose.
Article
97 [Ministers in Parliament]
The assembly commissions
may invite any minister to clarify certain issue under his of her field
of responsibility.
Article
98 [Motion of Censure]
(1) The Assembly dismisses
a member or members of the Royal Government or the whole Cabinet by the
adoption of a motion of censure by a two-third majority of the entire Assembly.
(2) The motion of censure
must be proposed to the Assembly by at least 30 assembly members in order
for the entire Assembly to decide.
Chapter VIII The Royal Government
Article
99 [Council of Ministers, Ministers]
(1) The Council of Ministers
is the Royal Government of Cambodia.
(2) The Council of Ministers
is led by one Prime Minister assisted by Deputy Prime Ministers, and by
State Ministers, Ministers, and State Secretaries as members.
Article
100 [Establishing Government]
(1) At the recommendation
of the President and with the agreement of both Vice-Presidents of the
Assembly, the King designates a dignitary from among the representatives
of the winning party to form the Royal Government. This designated dignitary
forms a government out of members of the Assembly or members of the political
parties represented in the Assembly.
(2) After the Assembly has
given its vote of confidence, the King issues a Royal decree appointing
the entire Council of Ministers.
(3) Before taking office,
the Council of Ministers takes an oath as stipulated an Annex 6.
Article
101 [Incompatibility]
The functions of members
of the Royal Government are incompatible with professional activities in
trade or industry and with the holding of any position in the public service.
Article
102 [Responsibility]
(1) Members of the Royal
Government are collectively responsible to the Assembly for the overall
policy of the Royal Government.
(2) Each member of the Royal
Government is individually responsible to the Prime Minster and the Assembly
for his or her own conduct.
Article
103 [Independence of Government]
Members of the Royal Government
may not use the orders, written or verbal, of anyone as grounds to exonerate
themselves form their responsibility
Article
104 [Sessions]
(1) The Council of Minister
meets every week in plenary session or in a working session.
(2) The Prime Minister chairs
the plenary sessions.
(3) The Prime Minister may
assign a Deputy Prime Minister to preside over the working sessions.
(4) Minutes of the Council
of Ministers' meeting are forwarded to the King for His information.
Article
105 [Delegation of Powers by Prime Minister]
The Prime Minister has the
right to delegate his power to a Deputy Prime Minister or to any member
of the Royal Government.
Article
106 [Vacancy, Acting Prime Minister]
If the post of Prime Minister
is permanently vacant, a new Council of Ministers is appointed under the
procedure stipulated in this Constitution. If the vacancy is temporary,
an acting Prime Minister is provisionally appointed.
Article
107 [Dereliction of Duties]
(1) Each member of the Royal
Government is to be punished for any crimes or misdemeanors that he or
she has committed in the course of his or her duty.
(2) In such cases, the Assembly
shall decide to file charges against him or her.
(3) The Assembly decides
on such matters through a secret vote by a simple majority thereof.
Article
108 [Organizational Law]
The organization and functioning
of the Council of Ministers is determined by law.
Article
109 [Independence]
(1) The judicial power is
an independent
(2) The judiciary guarantees
and upholds impartiality and protects the rights and freedoms of the citizens.
(3) The Judiciary covers all lawsuits including administrative ones.
(4) The authority of the
Judiciary is granted to the Supreme Court and to lower courts of all sectors
and levels.
Article
110
[Judges' Powers]
(1) Trials are conducted
in the name of the Khmer citizens in accordance with the legal procedures
and laws in force.
(2) Only judges have the
right to adjudicate. A judge must fulfill this duty with strict respect
for the laws, wholeheartedly, and conscientiously.
Article
111 [Separation of Powers]
Judicial power may not be
granted to the legislative or executive branches.
Article
112 [Criminal Suits]
Only the Department of Public
Prosecution has the right to file criminal suits.
Article
113 [Quarantor of Independece]
The King is the guarantor
of the independence of the Judiciary. The Supreme Council of the Magistracy
assists the King in this matter.
Article
114 [Disciplinary Action]
Judges may not be dismissed.
The Supreme Council of the Magistracy takes disciplinary actions against
any delinquent judges.
Article
115 [Supreme Council of the Magistry]
(1) The Supreme Council
of the Magistracy is established by an organic law which determines its
composition and functions.
(2) The Supreme Council
of the Magistracy is chaired by the King. The King may appoint a representative
to chair the Supreme Council of the Magistracy.
(3) The Supreme Council
of the Magistracy makes proposals to the King on the appointment of judges
and prosecutors to all courts.
(4) The Supreme Council
of the Magistracy meets under the chairmanship of the President of the
Supreme Court or the General Prosecutor of the Supreme Court to decide
on disciplinary actions against the judges or prosecutors.
Article
116 [Status Laws]
The statuses of judges and
prosecutors and the functioning of the judiciary are defined in separate
laws.
Chapter X The Constitutional Council
Article
117 [Functions]
(1) The Constitutional Council
has the duty to safeguard respect for the Constitution and to interpret
the Constitution and the laws passed by the Assembly.
(2) The Constitutional Council
has the right to examine and decide on contested cases involving the election
of assembly members.
Article
118 [Term, Appointment]
(1) The Constitutional Council
consists of nine members with a nine-year mandate. One third of the members
of the Council are replaced every three years. Three members are appointed
by the King, three members by the Assembly, and three others by the Supreme
Council of the Magistracy.
(2) The Chairman is elected
by the members of the Constitutional Council. He or she shall have a deciding
vote in cases of equal vote.
Article
119 [Eligibility]
Members of the Constitutional
Council are selected among the dignitaries with a higher-education degree
in law, administration, diplomacy, or economics and who have considerable
work experience.
Article
120 [Incompatibility]
The function of a Constitutional
Council member is incompatible with that of a member of the Royal Government,
member of the assembly, President or Vice-President of a political party,
President or Vice-President of trade-union or in-post judges.
Article
121 [Preventive Review]
(1) The King, the Prime
Minister, the President of the Assembly, or 1/10 of the assembly members
may forward draft bills to the Constitutional Council for examination before
their promulgation.
(2) The Constitutional Council
decides within no more than thirty days whether the laws and the Internal
Rules of Procedure are constitutional.
Article
122 [Repressive Review]
(1) After the law is promulgated,
the King, the Prime Minister, the President of the Assembly, 1/10 of the
assembly members, or the courts, may ask the Constitutional Council to
examine the Constitutionality of that law.
(2) Citizens have the right
to appeal against the Constitutionality of the laws as through their representatives
or the President of the Assembly as stipulated in the above paragraph.
Article
123 [Unconstitutionality]
(1) Provisions of any article
ruled by the Council as unconstitutional may not be promulgated or implemented.
(2) The decision of the
Council is final.
Article
124 [Amendment Consultation]
The King consults with the
Constitutional Council on all proposals to amend the Constitution.
Article
125 [Organizational Law]
An organic law specifies
the organization and operation of the Constitutional Council.
Article
126 [Local Entities]
(1) The territory of the
Kingdom of Cambodia is divided into provinces and municipalities.
(2) Provinces are divided
into districts and districts into communes.
(3) Municipalities are divided
into Khan and into Sangkat.
Article
127 [Law on Local Government]
Provinces, municipalities,
districts, khan, khum, and sangkat are governed in accordance with organic
law.
Chapter XII The National Congress
Article
128 [Participation in Congress]
(1) The National Congress
enables the people to be directly informed on various matters of national
interests and to raise issues and requests for the State authority to solve.
(2) Khmer citizens of both
sexes have the right to participate in the National Congress.
Article
129 [Yearly Meeting]
(1) The National Congress
meets once a year in early December at the convocation of the Prime Minister.
(2) It proceeds under the
chairmanship of the King.
Article
130 [Function, Organizational Law]
(1) The National Congress
adopts recommendations for consideration by State authorities and the Assembly.
(2) The organization and
operation of the National Congress is defined by a law.
Chapter XIII Effects, Revision and Amendments of the Constitution
Article
131 [Supremacy of the Constitution]
(1) This Constitution is
the Supreme Law of the Kingdom of Cambodia.
(2) Laws and decisions by
the State institutions have to be in strict conformity with the Constitution
Article
132 [Amendment Initiative]
(1) The initiative to review
or to amend the Constitution is the prerogative of the King, the Prime
Minister, the President of the Assembly at the suggestion of 1/4 of all
the assembly members.
(2) Revision or amendments
are enacted by a Constitutional law passed by the Assembly with a two-third
majority vote.
Article
133 [No Amendment During State of Emergency]
Revision or amendment are
prohibited when the country is in the State of emergency, as outlined in
Article 86.
Chapter XIV Transitional Provision
Article
134 [Prohibited Amendments]
Revision or amendment affecting
the system of liberal and pluralistic democracy and the regime of Constitutional
Monarchy are prohibited.
Article
135 [Entry Into Force]
This Constitution, after
its adoption, is to be declared in force immediately by the Head of State
of Cambodia.
Article
136 [Enforcement Proceedings]
(1) After the entry into
force of this Constitution, the Constituent Assembly becomes the National
Assembly.
(2) The Internal Rules of
Procedure of the assembly come into force after adoption by the assembly.
(3) In the case where the
assembly is not yet functional, the President and the First and Second
Vice-Presidents of the Constituent Assembly participate in the discharge
of the duties in the Throne Council if so required by the situation in
the country.
Article
137 [Selection of the King]
After this Constitution
takes effect, the King is selected in accordance with conditions stipulated
in Article 13 and 14.
Article
138 [First Prime Minister]
(1) After this Constitution
take effects, and during the first legislature, the King of the Kingdom
of Cambodia appoints a First Prime Minister and a Second Prime Minister
to form a Royal Government after securing the consent of the President
and the two Vice-Presidents of the assembly.
(2) The Co-President existing
before the adoption of this Constitution participate as members of the
Committee and in the Throne Council as stipulated in Articles 11
and 13.
Article
139 [Validity of Old Law]
Laws and standard documents
in Cambodia that safeguard State properties, rights, freedom and legal
private properties, and are in conformity with the national interests,
continue to be effective until altered or abrogated by newer texts, except
those provisions that are contrary to the spirit of this Constitution.