Adopted 21 September 1993, (Unofficial Translation)
Chapter 1: Sovereignty
1. Cambodia is a Kingdom whose King shall comply with the Constitution and
a multi-party, liberal democratic system. The Kingdom of Cambodia is an independent,
sovereign, peaceful, neutral and permanently non-aligned State.
2. The territorial integrity of the Kingdom of Cambodia, determined in
the 1/100,000 scale map made between 1933 and 1955, and recognized by the international
community between 1963 and 1969 shall absolutely not be violated.
3. The Kingdom of Cambodia is an indivisible state.
4. The motto of the Kingdom of Cambodia is "Nation, Religion, King."
5. The official language and script are Khmer.
6. Phnom Penh is the capital of the Kingdom of Cambodia. The national flag,
anthem and logo are determined in annexes 1-2 and 3.
Chapter 2: The King
7. The King holds the throne but shall not hold power. The King shall be
the Head of State for life. The King cannot be violated.
8. The King shall be a symbol of unity and eternity of the nation. The
King shall guarantee the national independence, sovereignty, and territorial integrity
of the Kingdom of Cambodia. The King shall guarantee the rights and freedoms of the
people and respect of international treaties.
9. The King shall hold the supreme role as referee to guarantee the normal
functioning of public authorities.
10. Cambodia's monarchy is of elected origin. The King shall not have the
power to appoint his successor to the throne.
11. If the King cannot perform his normal duties as Head of State due to
serious illness, as confirmed by a medical specialist chosen by the President of
the National Assembly and the Prime Minister, the President of the National Assembly
shall perform the duty of Head of State as "Royal Delegate".
12. In case of the death of the King and before the appointment of the
new King, the President of the National Assembly shall take over the responsibility
as acting Head of State, in the capacity of "Royal Delegate" in the Kingdom
of Cambodia.
13. Within a period of not more than seven days, the new King of the Kingdom
of Cambodia shall be elected by the Royal Council of the Throne.
The Royal Council of the Throne shall consist of:
- President of the National Assembly
- Prime Minister
- Supreme Monks of both Buddhist orders
- First and Second Vice-Presidents of the National Assembly
- 14.To be elected as King of the Kingdom of Cambodia, a person shall be a member
of the Khmer Royal Family, aged at least 30 years, coming from the blood line of
King Ang Doung, Norodom, or Sisowath. Upon being enthroned, the King shall take the
oath of allegiance.
the Kingdom of Cambodia.
16.The Queen of The Kingdom of Cambodia shall not have the right to engage in politics,
to assume the role of leader of the state or government, or to assume other administrative
or political roles. The Queen of Cambodia shall exercise activities that serve the
social, humanitarian and religious interests, and shall assist the King with protocol
and diplomatic functions.
17. The stipulation, as stated in the first clause of Article 7 of the
Constitution, that the King holds the throne but does not hold power, absolutely
cannot be amended.
18. The King shall communicate with the National Assembly by royal messages.
Royal messages cannot be subjected to discussion in the National Assembly.
19. The King shall appoint the Prime Minister and the Cabinet according
to procedures stipulated in Article 100.
20. The King shall grant an official audience to the Prime Minister and
the Cabinet twice a month to hear their reports on the situation of the nation.
21. Upon presentation by the Cabinet, the King shall sign decrees of appointment,
transfer and dismissal of high civil and military officials, extraordinary and plenipotentiary
ambassadors and delegates. Upon request by the Supreme Council of Judges, the King
shall sign decrees to appoint, transfer or dismiss judges.
22. When the country faces danger, the King shall publicly declare a state
of emergency upon approval of the Prime Minister and the President of the National
Assembly.
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.
24. The King shall be head of the Supreme Council of National Defense.
The Supreme Council of National Defense shall be created according to law. The King
shall declare war only upon approval of the National Assembly.
25. The King shall receive letters of credentials from foreign extraordinary
and plenipotentiary ambassadors or delegates to the Kingdom of Cambodia.
26. The King shall sign and ratify international treaties and conventions
upon the approval of the National Assembly.
27. The King shall have the right to grant complete or partial amnesty.
28. The King shall sign royal ordinances of promulgation of the Constitution
and laws adopted by the National Assembly and sign decrees proposed by the Cabinet.
29. The King shall create and issue national medals upon the proposal of
the Cabinet. The King shall determine the promotion of the rank of military and civilian
officials according to the law.
30. In the absence of the King, the President of the National Assembly
shall assume the powers as interim Head of State.
Chapter 3: The Rights and Obligations of Cambodian Citizens
31. The Kingdom of Cambodia shall recognize and respect human rights stipulated
in the United Nations Charter, the Universal Declaration of Human Rights and all
covenants and conventions related to human rights, women's and children's rights.
Cambodian citizens shall have equality before the law and have the same rights, freedoms
and obligations, regardless of race, color, sex, language, religious belief, political
tendency, ethnic origin, social, wealth, or other status. The exercise of personal
rights and freedoms of every person shall not adversely affect the rights and freedoms
of others. The exercise of such rights and freedoms shall be in accordance with the
law.
32. Every person shall have the right to life, personal freedom and security.
Capital punishment is abolished.
33. Cambodian Citizens shall not be deprived of their nationality, exiled,
or extradited. Cambodian citizens residing abroad enjoy the protection of the state.
Cambodian nationality shall be defined by law.
34. Cambodian Citizens of both sexes shall enjoy the right to vote and
to be candidates in elections. Cambodian Citizens of both sexes, aged at least 18
years, have the right to vote. Cambodian Citizens of both sexes, aged 25 years, may
be candidates in elections. Provisions restricting the right to vote or to be a candidate
in elections shall be defined in an electoral law.
35. Cambodian Citizens of both sexes shall enjoy the right of active participation
in the political, economic, social and cultural life of the nation. Any suggestions
from the people shall be given full consideration by the organs of the State.
36. Cambodian Citizens of both sexes shall enjoy the right to choose employment
appropriate to their ability and the needs of society. Cambodian Citizens of both
sexes shall have the right to obtain the same remuneration for the same job. Housework
has the same value of outdoor work. Cambodian Citizens of both sexes shall have the
right to obtain social security and other social interests as determined by law.
Cambodian Citizens of both sexes shall enjoy the right to form and to be members
of trade unions. The organization and conduct of trade unions shall be stipulated
by law.
37. The right to strike and peaceful demonstration shall be exercised in
accordance with the law.
38. The law guarantees any individual from being physically abused. The
law shall protect the honor, the dignity and the lives of the people. The arrest,
indictment or detention of any person shall not be done unless in conformity with
the law. Coercions, physical ill-treatment or any treatment that aggravate punishment
on a detainee or a prisoner shall be prohibited. The principals, co-principals or
accomplices of such acts shall be punished according to the law. Confessions obtained
by physical or mental coerciveness shall not be admissible as evidence.
Any case of doubt shall be resolved in favor of the accused. Any accused shall be
considered innocent until proven guilty. All individuals shall enjoy the right to
judicial protection.
39. Cambodian Citizens shall enjoy the right to file actions complaints,
appeals or reparations for the illegal acts of state organs, social organs and employees
of such organs acting in the course of their duties. The resolution of such legal
action and reparation is within the competence of the court.
40. Cambodian citizens' freedom to travel and legal settlement shall be
respected. Citizens may settle in a foreign country or return. The rights to inviolability
of residence, and the secrecy of correspondence by mail, telegram, fax, telex and
telephone shall be guarantee. Search of the house, material and body shall be according
to the law.
41. Cambodian Citizens shall have freedom of expression, press, publication
and association. Nobody shall use these rights to violate the honor of others, disrupt
the good tradition of society, public order and national security. Control of the
media shall in accordance with the law.
42. Cambodian citizens shall have the right to set up associations and
political parties. These rights shall be defined by law. Cambodian citizens may participate
in mass organizations and help each other to protect national achievement and social
order.
43. Cambodian Citizens of both sexes shall have the right to belief. The
freedom of religious belief and practices shall be guaranteed by the State on condition
that they do not affect other beliefs, orders and public security. Buddhism is the
State religion.
44. All persons, individually or collectively, shall have the right to
ownership. Only individuals or legal collectives with Khmer nationality shall have
the right to own land. Private ownership shall be protected by law. The right to
confiscate possessions from any person shall be used only in the public interest
as provided for under law, and the fair and just compensation shall be granted in
advance.
45. All forms of discrimination against women shall be abolished. Exploitation
on women's work shall be prohibited. Men and women are equal in all fields, especially
in marriage and the family. Marriage shall be the voluntary union of one man and
one woman.
46. Human trafficking and the business of prostitution which affects the
reputation of women must be prohibited. A wo-man cannot lose her job because of pregnancy.
Women shall have the right to take maternity leave with salary and with no loss of
seniority or other social benefits. The State and society shall pay attention to
helping women, especially those living without support in rural areas, with assistance,
career, health-care, education for their children and appropriate living conditions.
47. Parents shall be obliged to take care of and educate their children
to become good citizens. Children shall be obliged to feed and take care of parents
who are very old, according to Khmer custom.
48. The State is committed to protect the rights of the child stipulated
in the Convention on the Rights of the Child, in particular, the right to life, education,
protection in the time of war and against economic or sexual exploitation.
The State is strongly against any action that infringes upon the education instruction
provided to children or which undermines their health or their welfare.
49. Every Cambodian Citizen shall respect the constitution and the law.
Every Cambodian Citizen shall have the duty to take part in building the country
and defending the homeland. The homeland defence duty shall be according to law.
50. Cambodian citizens of both sexes shall respect the principles of national
sovereignty and multi-party liberal democracy. Citizens of both sexes must respect
public property and the legal property ownership of private individuals.
Chapter 4: Political Regime
51. The Kingdom of Cambodia adopts a multi-party liberal democratic regime.
Cambodian citizens are the owners of the nation's fate. All powers belong to the
citizens. Citizens exercise their power through the National Assembly, the Royal
Government and the courts. The legislative, executive and judicial powers are separate.
52. The Royal Government of Cambodia is committed to protect the independence,
the sovereignty and the territorial integrity of The Kingdom of Cambodia, adopt national
reconciliation policy for national unity, and preserve good national traditions.
The Royal Government shall protect the legality and ensure public order and security.
The State shall use its best endeavors to improve the living standard and the well-being
of the citizens.
53. The Kingdom of Cambodia shall always follow a permanent neutral and
non-aligned policy. The Kingdom of Cambodia co-exists peacefully with its neighbors
and other countries all over the world. The Kingdom of Cambodia shall not invade
any country, shall not interfere directly or indirectly in whatever form in the internal
affairs of other countries, shall solve all problems peacefully, and shall respect
mutual interests.
The Kingdom of Cambodia shall not engage in any military alliance or military pact
which is incompatible with its neutrality. The Kingdom of Cambodia shall not permit
any foreign military base on its territory and shall not permit the establishment
of its military bases abroad except in the framework of a United Nations request.
The Kingdom of Cambodia reserves its right to receive foreign aid as military materials,
weapons, ammunitions, military training and other assistance for the self-defence,
public order and security throughout the country.
54. The manufacturing, use and storage of nuclear, chemical or biological
weapons is absolutely prohibited.
55. All pacts and agreements which are incompatible with the independence,
sovereignty, territorial integrity, neutrality and national unity of The Kingdom
of Cambodia shall be annulled.
Chapter 5: The Economy
56. The Kingdom of Cambodia adopts the market economy system. The preparation
and process of this economic system shall be determined by the law.
57. Tax collection shall be in accordance with the law. The national budget
shall be executed according to the law. The management of the monetary and financial
system must be defined by law.
58. The State property includes land and its underground, mountains and
hills, sea, seabed and everything underneath, littoral, air, islands, rivers, streams
and brooks, lakes, forests, natural resources, economic and cultural centers, bases
for national defence and other facilities determined as state property. The management
and use of State property shall be determined by law.
59. The State shall protect the environment and the balance of natural
resources, and shall take concrete measures on the management of land, water, air,
geology, ecological system, mines, oil and gas energy, stone and sand, precious stones,
forests, forest products, wild life fish and aquatic resources.
60. Citizens have the right to sell their products freely. The imposition
of selling private products to the State or the use of private products of properties
by the State even though temporarily, must be prohibited unless authorized by law
in a particular case.
61. The State promotes economic development in all fields from the remote
areas, especially in agriculture, handicrafts, industry, with attention on policy
for irrigation, electricity, roads, means of transportation, modern technology and
system of credit.
62. The State shall pay attention to providing means of production, protection
of the price of products, for farmers, craftsmen, and help them find markets for
their products.
63. The State shall pay attention to market management in order to guarantee
an appropriate living condition for the people.
64. The State bans and severely punishes any individual who imports, manufactures
and sells drugs, counterfeit and expired goods which affect the consumers health
and life.
Chapter 6: Education, Culture and Social Affairs
65. The State shall protect and promote citizens' rights to quality education
at all levels, and shall take all measures, step by step, to allow all citizens to
receive this education. The State must pay attention to physical education and sports
which is the well-being for every Cambodian citizen.
66. The State shall set up a comprehensive and universal educational system
throughout the country. This system will guarantee the principles of educational
freedom and educational equality so that all citizens have equal opportunity to earn
a living.
67. The State shall adopt a modern education program, pedagogical principles
including technology and foreign languages. The State shall control public and private
schools at all levels.
68. Primary and secondary school education shall be provided free of charge
to all citizens. The compulsory education for citizens is fixed for at least nine
years. The State must promote and uphold to Buddhist educational institutions.
69. The State has the duty to preserve and broaden the national culture.
The State shall protect and enlarge the Khmer language as appropriately as needed.
The State shall preserve ancient monuments and artifacts and restore historic precious
sites.
70. All crimes affecting the cultural and artistic heritage shall be subject
to severe punishment.
71. National heritage sites, including world heritage sites, shall be considered
neutral zones in which military activity is prohibited.
72. Citizens' health shall be guaranteed. The State shall give full consideration
to disease prevention and medical treatment. Poor citizens shall receive medical
consultation in public hospitals dispensaries and maternities free of charge. The
State shall set up dispensaries and maternities in remote areas.
73. The State shall give full consideration to children and mothers. The
State shall build children's centers, and assist women who have many children with
no support.
74. The State shall assist the disabled and the families of combatants
who sacrificed their lives for the nation.
75. The State shall set up a social security system for workers and employees.
Chapter 7: National Assembly
76. The National Assembly consists of at least 120 members. Members of
the National Assembly shall be elected by universal election, through a free, equal,
direct and secret ballot. The members of the National Assembly may stand for re-election.
Candidates shall be Khmer citizens of both sexes, having Cambodian nationality at
birth, aged at least 25 years, who have the right to vote. The electoral organizing
body and the procedures and functioning of elections must be defined by an electoral
law.
77. Members of the National Assembly shall represent the whole Khmer nation,
not just their constituency. All imperative mandates shall be considered null and
void.
78. The legislative term of the National Assembly is fixed for five years
and shall terminate when the new National Assembly takes office. The National Assembly
shall not be dissolved before the end of its term unless the Royal Government is
deposed twice within 12 months. In such a case, following a proposal from the Prime
Minister, and the approval of the President of the National Assembly, the King must
dissolve the National Assembly. The election of a new National Assembly must be held
within 60 days from the date of dissolution. During this period, it is the duty of
the Royal Government to conduct only routine matters.
In the case of war or other specific circumstances where an election cannot be held,
the National Assembly may extend its term for one year at a time, at the request
of the King. Such extension shall require a two-thirds vote of the entire National
Assembly.
79. The mandate of the National Assembly member is incompatible with the
functioning of active public service and other functions as members of other institutions
as stated in this Constitution, unless it is the function in the Cabinet of the Royal
Government. In this case, the Members of the National Assembly who are members of
the Royal Government may not serve on permanent committees or other commissions of
the National Assembly.
80. Members of the National Assembly shall have parliamentary privilege.
Members of the National Assembly shall not be accused, arrested, intercepted or detained
because of opinions expressed in carrying out their jobs. The accusation, arrest,
interception or detention of a member of the National Assembly member can be carried
only with the agreement of the National Assembly or its permanent committee between
sessions except in cases of flagrant criminal offenses.
In the latter case, the competent authority shall urgently report to the National
Assembly or its permanent committee to decision. The decision of the National Assembly's
permanent committee shall be submitted to the next session of the National Assembly
for adoption by two-thirds of the entire National Assembly. In these cases, the detention
or accusation of a member of the National Assembly shall be postponed if three-quarters
of the members of the National Assembly so decide.
81. The National Assembly shall have an independent budget. The Members
of the National Assembly shall receive a parliamentary final remuneration.
82. The National Assembly shall meet in the first session no later than
60 days after the election upon the convening by the King. Before starting its function,
the National Assembly must adopt a standing rule to decide on the validity of each
member's mandate. The National Assembly must hold separate elections to select the
President, Vice Presidents and all members of the National Assembly Commissions.
These elections must be decided by two third majority vote of all members of the
National Assembly. Before holding their position or function, all members must take
an oath of allegiance to the essence as mentioned in the Appendix 5.
83. The ordinary session of the National Assembly shall be held twice per
year. Each session shall last at least three months. If there is a request from the
King, Prime Minister or one-third of the Members of the National Assembly, the Permanent
Committee of the National Assembly shall convene an extraordinary session. In this
case, the precise agenda of the extraordinary session must be publicly released to
the citizens along with the date of the meeting.
84. Between sessions, the permanent committee shall manage work of the
Assembly. The National Assembly's Permanent Committee consists of the President of
the National Assembly, both Vice-Presidents of the National Assembly and the heads
of all National Assembly Commissions.
85. The National Assembly's sessions shall be held in the Capital of the
Kingdom of Cambodia at the meeting hall of the National Assembly, unless otherwise
stipulated in the summons, due to circumstances. Unless held at the place and date
indicated in the summons, any National Assembly meeting shall be illegal and void.
86. If the country is in a state of emergency, the National Assembly must
meet every day. The National Assembly has the right to terminate the state of emergency
if the situation permits. If the National Assembly cannot meet because of circumstances
such as the occupation by foreign forces or other circumstances the declaration of
the state of emergency must be automatically extended. During the state of emergency
the National Assembly must not be dissolved.
87. The President of the National Assembly shall preside over the sessions;
receive resolutions adopted by the National Assembly; ensure the implementation of
the internal regulations; and manage the international relations of the National
Assembly. If the President is unable to perform his duties due to illness or acting
for the Chief of State, or as a Royal Delegate or on missions abroad, a Vice-President
shall replace him. In the case of the resignation or death of the President or a
Vice-President, the National Assembly shall elect a new President or Vice-President.
88. The National Assembly session shall be held in public. The National
Assembly may meet in closed sessions at the request of the President of the Assembly
or at least one-tenth of the members of the National Assembly, or the King or the
Prime Minister. The session of the National Assembly is considered valid unless there
is a quorum of seven-tenths of the members of the whole Assembly.
89. Upon the request of at least one-tenth of its members, the National
Assembly may invite a high dignitary to clarify or discuss important issues.
90. The National Assembly shall be the only organ to adopt laws. This right
shall not be transferable to any other organ or individual. The National Assembly
shall adopt the national budget; the state planning; the permission of the State
to borrow and to lend; the financial commitment and the creation, changes or annulment
of tax.
The national Assembly shall approve or annul the administrative account. The National
Assembly shall adopt the law on general amnesty. The National Assembly shall adopt
or denounce treaties or international conventions. The National Assembly adopts laws
on declaration of war.
The adoption of the above mentioned laws must be decided upon by an absolute majority
of all members. The National Assembly may pass a vote of confidence or no-confidence
in the Royal Government by a two-thirds majority of all members.
91. The members of the National Assembly and the Prime Minister shall have
the right to propose bills. The National Assembly members have the right to propose
amendments to laws. But these proposals are unacceptable if they aim at reducing
public income or to increasing the burden on citizens.
92. Laws adopted by the National Assembly which are controversial to the
principles of maintaining independence, sovereignty, territorial integrity of the
Kingdom of Cambodia and affect the political unity or the administrative management
of the nation shall be annulled. The Constituent Council is the only organ which
has the competence to approve this annulment.
93. Bills passed by the National Assembly and signed into laws and promulgated
by the King shall become effective in Phnom Penh within ten days, and within twenty
days throughout the country, after their promulgation. Urgent laws shall be effective
all over the country immediately after their promulgation by the King. Laws signed
and promulgated by the King shall be registered in the State archives and published
throughout the country at the above determined time.
94. The National Assembly may set up committees as necessary. The organization
and functioning of the National Committee shall be stipulated in its internal regulations.
95. In the case of the death or resignation or dismissal of a National
Assembly member at least six months before the end of his/her mandate, another representative
shall be chosen to replace him/her in accordance with the internal regulations of
the National Assembly and the electoral law.
96. Members of the National Assembly shall have the right to submit written
questions to the Royal Government through the President of the National Assembly.
Replies shall come from one or more ministries according to the issue raised. If
the issue concerns general policies within the Royal Government, the Prime Minister
shall reply. Replies from Ministers or the Prime Minister may be verbal or in writing.
All replies shall be given within seven days after receipt of the question. In the
case of verbal replies, the President of the National Assembly shall decide whether
the Assembly discusses the issue in open debate. If there is no debate, the verbal
replies of Ministers or Prime Minister shall settle the matter. If there is a debate,
the questioner, the other speakers and the concerned Minister or Prime Minister may
discuss views within not more than one meeting. The National Assembly sets aside
one day a week for responses to questions. However, the above mentioned session for
answering questions shall not lead to any vote.
97. National Assembly committees can invite ministers for explanations
on their field of responsibility.
98. The National Assembly can dismiss members of the Cabinet or Government
form his/her position by the adoption of a motion of censure of two-thirds of all
the members. A motion of censure shall be proposed to the National Assembly by thirty
members of the National Assembly in order for the full Assembly to decide.
Chapter 8: The Government
99. The Cabinet in the Royal Government of the Kingdom of Cambodia. The
Cabinet shall be led by one Prime Minister assisted by a deputy Prime Minister or
deputy Prime Ministers, along with State Ministers, Ministers and Secretaries of
State as its members.
100. Upon the proposal from the President and with the agreement of both
Vice-Presidents of the National Assembly, the King may appoint a dignitary from among
the representatives of the party winning the elections to form a Royal Government.
The appointed dignitary must bring his colleagues who must be representatives or
members of the political parties represented in the National Assembly and who are
nominated for various posts in the Royal Government, to ask for a vote of confidence
from the National Assembly. Upon the vote of confidence by the National Assembly,
the King will sing a Royal decree to appoint the whole Cabinet. Before holding function,
the Cabinet members shall take an oath of allegiance to the essence as mentioned
in Appendix 6.
101. The function of the Royal Government members shall be incompatible
with the holding of the posts in business, industry, and with any position in public
services.
102. All members of the Royal Government shall take collective responsibility
for general policy of the Royal Government before the Assembly. Each member of the
Royal Government is individually responsible for his/her activities to the Prime
Minister and the National Assembly.
103. No member of the Royal Government may use a directive, verbal and
written, from anyone, to exonerate themselves from his/her responsibility.
104. The Cabinet shall meet every week, in a plenary meeting or in an investigative
one. The plenary meeting shall be chaired by the Prime Minister. The Prime Minister
may transfer his task to the Vice-Prime Minister to chair the investigative meeting.
Reports on these meetings of the Cabinet must be sent to the King for his information.
105. The Prime Minister may share power with any member of the Royal Government.
106. If the Prime Minister's post is definitely vacant, a new Cabinet shall
be appointed according to the framework stipulated in the Constitution. If the vacancy
is temporary, an acting Prime Minister must be provisionally appointed.
107. Each member of the Royal Government shall be punished for crimes or
misdemeanors committed in the performance of their duties. In such a case and in
the case of severe offense during the performance of their duties the National Assembly
may decide to file a suit in the competent court. The National Assembly shall decide
on such matters by holding a secret vote by an absolute majority of the Members of
the National Assembly.
108. The organizing and the proceeding of the Cabinet shall be determined
in law.
Chapter 9: Power of Judiciary
109. The power of the courts is independent.
The courts shall maintain impartiality and protect the rights and freedoms of the
people. The courts shall cover all cases, including administrative ones. The power
of the courts shall be given to the Supreme Court and other courts at all levels.
110. Trials shall be conducted in the name of the Khmer people according
to the legal procedures and law in force. Only judges have the right to adjudicate.
The judges must perform his or her duties, in strict compliance with the laws, wholeheartedly
and with good conscience.
111. Judicial power shall not be granted to the legislative or executive
bodies.
112. Only prosecutors shall have the right to take penal actions.
113. The King is the guarantor of the independence of the judiciary. The
Supreme Council of Judges assists the King in this work.
114. Judges cannot be dismissed, but the Supreme Council of Judges may
impose discipline on errant judges.
115. The Supreme Council of Judges will be established by an organic law,
which shall define its composition and terms of reference. The Supreme Council of
Judges is chaired by the King. The King can appoint his representative to chair the
Supreme Council of Judges.
The Supreme Council of Judges makes proposals to the King on the appointment of
judges and Royal prosecutors of all courts.
The Supreme Council of Judges, in its duty to discipline the judges and prosecutors,
shall hold meetings under the chairmanship of the President of the Supreme Court
or general prosecutor of the Supreme Court with regard to whether a case relates
to a judge or a prosecutor.
116. The statutes of judges and prosecutors and the organizing of the judicial
body shall be determined in separate laws.
Chapter 10: The Constitutional Council
117. The Constitutional Council shall have the competence to ensure the
respect of the Constitution; interpretation of the constitution and laws adopted
by the National Assembly. The Constitutional Council has the right to examine and
decide on contested cases involving the election of representatives (National Assembly
members).
118. The Constitutional Council consists of nine members with nine years
terms. A third of the members of the Constitutional Council shall change every three
years. Three members shall be appointed by the King, three members shall be appointed
by the National Assembly and the other three shall be appointed by the Supreme Council
of Judges.
The President shall be appointed by the members of the Constitutional Council. He
shall have a deciding vote, in case of equal vote.
119. Members of the Constitutional Council shall be chosen from among high
dignitaries who have certificates of higher education in law, administration, diplomacy
or economy and have considerable work experience.
120. Functions of the members of the Constitutional Council shall be incompatible
with those of members of the Royal Government, members of the National Assembly,
the head or deputy head of political parties, the head or deputy head of trade unions
or judges in duty.
121. The King, prime Minister, President of the National Assembly or one-tenth
of the Members of the National Assembly may send drafted laws to the Constitutional
Council to examine before the laws is promulgated. The internal regulations of the
National Assembly and other organic laws shall be sent to the Constitutional Council
for examination before being promulgated. The Constitutional Council shall decide,
in no later than 30 days, whether or not the laws and the internal regulations of
the National Assembly is in accordance with the Constitution.
122. After any law is promulgated, the King, Prime Minister, the President
of the National Assembly, one-tenth of the Members of the National Assembly or the
Courts, may ask the Constitutional Council to examine the constitutionality of the
law.
People shall have the right to make complains about the constitutionality of the
laws through Members of the National Assembly or the President of the National Assembly
as mentioned in the above paragraph.
123. Provisions in any article that the Constitutional Council declares
unconstitutional shall neither be promulgated, nor implemented. The decision of the
Constitutional Council is incontestable.
124. The King shall consult with the Constitutional Council on all propositions
to amend the constitution.
125. An organic law shall specify the organizing and conduct of the Constitutional
Council.
Chapter 11: Administration
126. The Kingdom of Cambodia shall be divided into provinces and municipalities.
Provinces are divided into districts; districts into communes; municipalities into
sections, sections into quarters.
127. Provinces, municipalities, districts, sections communes and quarters
shall be governed according to an organic law.
Chapter 12: The National Congress
128. The National Congress allows citizens to be directly informed about
various issues involving national interests and to raise problems and make propositions
for the authorities to settle. Citizens of both sexes shall have the right to attend
the National Congress.
129. The National Congress shall be held once a year in early December
upon invitation by the Prime Minister. The National Congress shall be chaired by
the King.
130. The National Congress shall adopt proposals for authorities and the
National Assembly to consider. The preparation and process of the National Congress
shall be determined by law.
Chapter 13: Power, Revision and Amendment of the Constitution
131. This constitution shall be the supreme law of the Kingdom of Cambodia.
All laws and decisions shall be strictly conformity with the constitution.
132. Initiatives to revise or to amend the Constitution shall be the right
of the King, the Prime Minister and the President of the National Assembly, upon
the proposals of one-quarter of the National Assembly members.
Revisions of or amendments to the Constitution shall be in accordance with constitutional
law adopted by two-thirds of the National Assembly members.
133. Revision of or amendments to the Constitution shall be prohibited
during a state of emergency, as outlined in article 86.
134. Revisions of or amendments to the Constitution shall not be carried
out when they impinge upon multi-party liberal democratic system and the Constitutional
monarchy.
Chapter 14: Transitional Provisions
135. After the adoption of the Constitution, the Constitution shall be
promulgated by the Head of State of Cambodia.
136. After the Constitution comes into effect, the Constituent Assembly
shall be transformed into the National Assembly. The internal regulations of the
National Assembly shall come into force after adoption by the National Assembly.
137. After the Constitution comes into effect, the King shall be appointed
in accordance with the stipulations in Articles 13 and 14.
138. After the Constitution comes into effect and in the first mandate,
following the approval of the President and both Vice Presidents of the National
Assembly, the King can appoint a first Prime Minister and a second Prime Minister
to form the Royal Government
The Co-Prime Ministers that existed before the adoption of the Constitution shall
become members of the Commission and the Council of the Throne, as mentioned in Articles
11 and 13 above.
139. Any law of regulation in Cambodia which guarantees the State property,
rights, freedom and legal properties of individuals which is in conformity with national
interests shall continue to have legal force until a new law is promulgated or amended.
Such laws must not be contrary to the spirit of this Constitution.
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