Law on the Outlawing of the "Democratic Kampuchea" Group
Bold indicates an amendment inserted during the bill's passage through
National Assembly )
The National Assembly of the Kingdom of
- Understanding that the Agreements on a Comprehensive Political Settlement
of the Cambodian Conflict of 23 October 1991, which the "Democratic
Kampuchea" Group signed together with the three other Khmer signatories,
required the "Democratic Kampuchea" group like the other signatories to
implement all the provisions of the agreement to bring peace and national
- Seeing that the "Democratic Kampuchea" Group clearly did not agree to
implement the most important provisions of the agreement, in particular
violating the articles which called for respect of a ceasefire, the permission
to officials and staff of the UN to enter the zones it controlled, for assembly
to cantonment, disarmament and demobilization of armed forces, and for respect
for the human rights of the Cambodian population.
- Seeing that, in addition to not respecting the most important provisions of
the agreement which it had signed, the "Democratic Kampuchea" group made armed
attacks on the officials and staff of the UN Transitional Administration, on the
officials of the Royal Cambodian Government, and indiscriminately on the lives
of the Cambodian people.
- Seeing that the "Democratic Kampuchea" group did not register as a political
party to participate in the elections in line with the Electoral Law of the UN
for Cambodia dated 12 August 1992 and did not agree to take part in anything
prescribed by this Law which would transform this group into a proper and legal
- Seeing that throughout the period since the election in 1993 to the present
the "Democratic Kampuchea" group has continually committed criminal, terrorist
and genocidal acts which has been a characteristic of the group since it
captured power in April 1975 - forcible movement, abduction, killing and
subsequently also robbery and banditry, laying mines indiscriminately throughout
the plains and forests, destroying public and private property, leading the
killing of civilians, forcibly taking and illegally occupying national
territory, and selling natural resources by violating the sovereignty of the
Kingdom of Cambodia.
- Seeing that "Democratic Kampuchea" group has violated the Constitution of
the Kingdom of Cambodia, in particular the following:
Article 3 which states "the Kingdom of Cambodia is an indivisible
state". Article 49 which states "all Khmer people must respect the Constitution
and the law".
Article 50 which states "the Khmer people of both
sexes shall respect the principle of national sovereignty and liberal
Article 52 which states that the Royal
Government of Cambodia shall stubbornly protect the sovereignty and national
integrity of the Kingdom of Cambodia, shall carry out a policy of national
reconciliation in order to protect national unity, shall protect the law and
ensure public order and security.
- Seeing that the "Democratic Kampuchea" group has not agreed to listen to the
successive appeals to participate in the process of national reconciliation made
by UNTAC, by the leadership of the other Khmer factions, and subsequently by His
Royal Majesty the King and the Royal Government which emerged from the elections
held to solve the Cambodian problem.
- Realizing that the leadership of the "Democratic Kampuchea" group can not
take the Paris Peace Agreement as a legal shield to conceal and escape from
their responsibility of committing criminal, terrorist and genocidal acts since
the time that the Pol Pot regime took power in 1975-78. Responsibility for all
these criminal acts cannot be annulled by the passage of time.
The National Assembly of the Kingdom of Cambodia hereby approves the
Article 1: Outlawing the "Democratic Kampuchea"
group and its armed forces.
Article 2: Following the day this Law
comes into effect, all people who are members of the political organization and
military forces of the "Democratic Kampuchea" group shall be considered as
offenders of the Constitution and offenders of the laws of the Kingdom of
Cambodia. Members of the political organization or military forces of the PDK
are the ones who give orders, accomplish or engage directly in the armed
conflict for the purpose of serving the policy of the PDK. The above-mentioned
persons do not include the family or those living under duress with the PDK.
Article 3: Members of the political organization and the
military force of the PDK or the people who perform crimes of murder, rape,
robbery of people's property, the destruction of public and private property,
etc. shall be sentenced according to the existing criminal law.
4: Members of the political organization and the military force of the PDK or
people who perform
- destruction against the Royal Government
- destruction against organs of the state authority
- and incitment to take up arms against the state authority shall be
regarded as crimes against the security of the country and the criminals shall
be sentenced and jailed for 20 to 30 years or for life.
Article 5: This Law shall allow for an amnesty period of six months
after coming into effect to permit people who are members of the political
organization of military forces of the "Democratic Kampuchea" group to return to
live under the authority of the Royal Government in the Kingdom of Cambodia
without facing punishment for crimes which they have
Article 6: For leaders of the "Democratic Kampuchea"
group the amnesty described above does not apply.
The King shall have the the right to give partial or complete amnesty as
stated in Article 27 in the Constitution.
Article 8: Following
the day that this law comes into effect all property which is under the control
of the PDK or other offenders and which comes from the illegal division of the
territory of the Kingdom of Cambodia and from exploitation of the natural
resources of the Khmer people shall be confiscated by the Royal Government
whether they are in the Kingdom of Cambodia or any other
Article 9: The people who use this law to violate the
rights of the people by threatening, charging, arresting, detaining, torturing
or violating the dwelling house unreasonably shall be punished and be jailed
from two to five years. The one who misinforms, witnesses falsely, and gives
false evidence in order to serve his interest by using this law to violate the
rights of people shall be punished and jailed from two to five years. The victim
of the injustice has the rights to appeal for damages of the above mentioned
Article 10: This law is considered
This law was approved by the National Assembly of the Kingdom
of Cambodia in Phnom Penh on 7 July 1994. Loy Sim Chheang, Acting Chairman of