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Constitution of the Kingdom of Cambodia

Constitution of the Kingdom of Cambodia

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.

15. The wife of the reigning King shall have the royal title of Queen of

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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