Preamble
WE, THE PEOPLE OF CAMBODIA
Having known a grand civilization of a prosperous, powerful, and glorious nation whose prestige radiates like a diamond,
Having endured sufferings and destructions and having experienced a tragic decline in the course of the two decades,
Having awakened, stood up with a resolute determination to strengthen the national unity, to preserve and defend Cambodia's territory and its precious sovereignty and the prestige of Angkor civilization, and to restore Cambodia into an "Island of Peace" based on a multi-party liberal democratic regime guaranteeing human rights and the respect of law, and responsible for the destiny of the nation always evolving toward progress, development, prosperity, and glory,
WITH THIS RESOLUTE WILL
We inscribe the
following as the Constitution of the Kingdom of
Cambodia:
CHAPTER
I: SOVEREIGNTY
CHAPTER
II: THE KING
CHAPTER
III: THE RIGHTS AND
OBLIGATIONS OF KHMER CITIZENS
CHAPTER
IV: ON
POLICY
CHAPTER
V: ECONOMY
CHAPTER
VI: EDUCATION, CULTURE, SOCIAL
AFFAIRS
CHAPTER
VII: THE NATIONAL ASSEMBLY
CHAPTER
VIII: THE
SENATE
CHAPTER
IX: THE ASSEMBLY AND THE SENATE
CHAPTER
X: THE ROYAL
GOVERNMENT
CHAPTER
XI: THE JUDICIARY
CHAPTER
XII: THE CONSTITUTIONAL
COUNCIL
CHAPTER
XIII: THE ADMINISTRATION
CHAPTER
XIV: THE NATIONAL
CONGRESS
CHAPTER
XV: EFFECTS, REVISIONS AND AMENDMENTS OF
THE CONSTITUTION
CHAPTER
XVI:TRANSITIONAL
PROVISIONS
Article 1:
Cambodia is a
Kingdom with a King who shall rule according to the
Constitution and to the principles of liberal democracy
and pluralism.
The Kingdom of Cambodia shall be
independent, sovereign, peaceful, permanently neutral
and non-aligned country.
Article 2:
The
territorial integrity of the Kingdom of Cambodia, shall
absolutely not to be violated within its borders as
defined in the 1/100,000 scale map made between the year
1933-1953 and internationally recognized between the
years 1963 - 1969.
Article 3:
The
Kingdom of Cambodia is an indivisible
state.
Article 4:
The motto of the
Kingdom of Cambodia is: "Nation, Religion,
King".
Article 5:
The official language
and script is Khmer.
Article 6:
Phnom
Penh is the capital of the Kingdom of Cambodia. The
national flag, anthem and coat-of-arms shall be defined
in Annexes I-II and III
Article 31:
The Kingdom of
Cambodia shall recognize and respect human rights as
stipulated in the United Nations Charter, the Universal
Declaration of Human rights, the covenants and
conventions related to human rights, women's and
children's rights.
Every Khmer citizen shall be equal
before the law, enjoying the same rights, freedom and
fulfilling the same obligations regardless of race,
color, sex, language, religious belief, political
tendency, birth origin, social status, wealth or other
status. The exercise of personal rights and freedom by
any individual shall not adversely affect the rights and
freedom of others. The exercise of such rights and
freedom shall be in accordance with the
law.
Article 32:
Every Khmer citizen
shall have the right to life, personal freedom, and
security.
There shall be no capital
punishment.
Article 33:
Khmer citizens
shall not be deprived of their nationality, exiled or
arrested and deported to any foreign country unless
there is a mutual agreement on extradition.
Khmer
citizens residing abroad enjoy the protection of the
State.
The Khmer nationality shall be determined by a
law.
Article 34- New (As amended March
1999):
Khmer citizens of either sex shall enjoy
the right to vote and to stand as candidates for the
election.
Khmer citizens of either sex at least
eighteen years old have the right to vote.
Citizens
of either sex at least twenty-five years old, have the
right to stand as candidates for the
election.
Citizens of either sex at least forty years
old, have the right to stand as candidates for the
election of senators.
Provisions restricting the
right to vote and the right to stand as candidates of
the election shall be determined by
law.
Article 35:
Khmer citizens of
either sex shall have the right to participate actively
in the political, economic, social and cultural life of
the nation.
Any suggestions from the people shall be
given full consideration by the grant of the
State.
Article 36:
Khmer citizens of
either sex shall enjoy the right to choose any
employment according their ability and to the needs of
the society.
Khmer citizens of either sex shall
receive equal pay for equal work.
The work by
housewives in the home shall have the same value as what
they can receive when working outside the home.
Every
Khmer citizen shall have the right to obtain social
security and other social benefits as determined by
law.
Khmer citizens of either sex shall have the
right to form and to be member of trade unions.
The
organization and conduct of trade unions shall be
determined by law.
Article 37:
The
right to strike and to non-violent demonstration shall
be implemented in the framework of a
law.
Article 38:
The law guarantees
there shall be no physical abuse against any
individual.
The law shall protect life, honor, and
dignity of the citizens.
The prosecution, arrest, or
detention of any person shall not be done except in
accordance with the law.
Coercion, physical
ill-treatment or any other mistreatment that imposes
additional punishment on a detainee or prisoner shall be
prohibited. Persons who commit, participate or conspire
in such acts shall be punished according to the
law.
Confessions obtained by physical or mental force
shall not be admissible as evidence of guilt.
Any
case of doubt, it shall be resolved in favor of the
accused.
The accused shall be considered innocent
until the court has judged finally on the case.
Every
citizen shall enjoy the right to defense through
judicial recourse.
Article 39:
Khmer
citizens shall have the right to denounce, make
complaints or file claims against any breach of the law
by state and social organs or by members of such organs
committed during the course of their duties. The
settlement of complaints and claims shall be the
competence of the courts.
Article
40:
Citizens' freedom to travel, far and near and
legal settlement shall be respected.
Khmer citizens
shall have the right to travel and settle abroad and
return to the country.
The rights to privacy of
residence, and to the secrecy of correspondence by mail,
telegram, fax, telex and telephone shall be
guaranteed.
Any search of the house, material and
body shall be in accordance with the
law.
Article 41:
Khmer citizens shall
have freedom of expression, press, publication and
assembly. No one shall exercise this right to infringe
upon the rights of others, to affect the good traditions
of the society, to violate public law and order and
national security.
The regime of the media shall be
determined by law.
Article 42:
Khmer
Citizens shall have the right to establish associations
and political parties. These rights shall be determined
by law.
Khmer citizens may take part in mass
organizations for mutual benefit to protect national
achievement and social order.
Article
43:
Khmer citizens of either sex shall have the
right to freedom of belief.
Freedom of religious
belief and worship shall be guaranteed by the State on
the condition that such freedom does not affect other
religious beliefs or violate public order and
security.
Buddhism shall be the religion of the
State.
Article 44:
All persons,
individually or collectively, shall have the right to
ownership. Only Khmer legal entities and citizens of
Khmer nationality shall have the right to own
land.
Legal private ownership shall be protected by
law.
The right to confiscate properties from any
person shall be exercised only in the public interest as
provided for under the law and shall require fair and
just compensation in advance.
Article
45:
All forms of discrimination against women
shall be abolished.
The exploitation of women in
employment shall be prohibited.
Men and women are
equal in all fields especially with respect to marriage
and family matters.
Marriage shall be conducted
according to conditions determined by law based on the
principle of mutual consent between one husband and one
wife.
Article 46:
The commerce of human
beings, exploitation by prostitution and obscenity which
affect the reputation of women shall be prohibited.
A
woman shall not lose her job because of pregnancy. Woman
shall have the right to take maternity leave with full
pay and with no loss of seniority or other social
benefits.
The state and society shall provide
opportunities to women, especially to those living in
rural areas without adequate social support, so they can
get employment, medical care, and send their children to
school, and to have decent living
conditions.
Article 47:
Parents shall
have the duty to take care of and educate their children
to become good citizens.
Children shall have the duty
to take good care of their elderly mother and father
according to Khmer traditions.
Article
48:
The State shall protect the rights of
children as stipulated in the Convention on Children, in
particular, the right to life, education, protection
during wartime, and from economic or sexual
exploitation.
The State shall protect children from
acts that are injurious to their educational
opportunities, health and welfare.
Article
49:
Every Khmer citizen shall respect the
Constitution and laws.
All Khmer citizens shall have
the duty to take part in the national reconstruction and
to defend the homeland. The duty to defend the country
shall be determined by law.
Article
50:
Khmer citizens of either sex shall respect
the principles of national sovereignty, liberal
multi-party democracy.
Khmer citizens of either sex
shall respect public and legally acquired private
properties.
Article 51- New (As amended March
1999):
The Kingdom of Cambodia adopts a policy of
Liberal Democracy and Pluralism.
The Cambodian people
are the masters of their own country.
All power
belongs to the people. The people exercise these powers
through the National Assembly, The Senate, the Royal
Government and the Judiciary.
The legislative,
executive, and judicial powers shall be
separate.
Article 52:
The Royal
Government of Cambodia shall protect the independence,
sovereignty, territorial integrity of the Kingdom of
Cambodia, adopt the policy of national reconciliation to
insure national unity, and preserve the good national
traditions of the country. The Royal Government of
Cambodia shall preserve and protect the law and ensure
public order and security. The State shall give priority
to endeavors which improve the welfare and standard of
living of citizens.
Article 53:
The
Kingdom of Cambodia adopts a policy of permanent
neutrality and non-alignment. The Kingdom of Cambodia
follows a policy of peaceful co-existence with its
neighbors and with all other countries throughout the
world.
The Kingdom of Cambodia shall not invade any
country, nor interfere in any other country's internal
affairs, directly or indirectly, and shall solve any
problems peacefully with due respect for mutual
interests.
The Kingdom of Cambodia shall not joint in
any military alliance or military pact which is
incompatible with its policy of neutrality.
The
Kingdom of Cambodia shall not permit any foreign
military base on its territory and shall not have its
own military base abroad, except within the framework of
a United Nations request.
The Kingdom of Cambodia
reserves the right to receive foreign assistance in
military equipment, armaments, ammunitions, in training
of its armed forces, and other assistance for
self-defense and to maintain public order and security
within its territory.
Article 54:
The
manufacturing, use and storage of nuclear, chemical or
biological weapons shall be absolutely
prohibited.
Article 55:
Any treaty and
agreement incompatible with the independence,
sovereignty, territorial integrity, neutrality and
national unity of the Kingdom of Cambodia shall be
annulled.
Article 56:
The Kingdom of
Cambodia shall adopt the market economy system.
The
preparation and process of this economic system shall be
determined by the law.
Article 57:
Tax
collection shall be in accordance with the law. The
national budget shall be determined by
law.
Management of the monetary and financial system
shall be defined by law.
Article
58:
State property notably comprises land,
mineral resources, mountains, sea, underwater,
continental shelf, coastline, airspace, islands, rivers,
canals, streams, lakes, forests, natural resources,
economic and cultural centers, bases for national
defense and other facilities determined as State
property.
The control, use and management of State
properties shall be determined by law.
Article
59:
The State shall protect the environment and
balance of abundant natural resources and establish a
precise plan of management of land, water, air, wind,
geology, ecological system, mines, energy, petrol and
gas, rocks and sand, gems, forests and forestry
products, wildlife, fish and aquatic
resources.
Article 60:
Khmer citizens
shall have the right to sell their product. The
obligation to sell products to the State, or the
temporary use of private or State properties shall be
prohibited unless authorized by law under special
circumstances.
Article 61:
The State
shall promote economic development in all sectors and
remote areas, especially in agriculture, handicrafts,
industry, with attention to policies of water,
electricity, roads and means of transport, modern
technology and a system of credit.
Article
62:
The State shall pay attention and help solve
production matters, protect the price of products for
farmers, crafters, and find marketplace for them to sell
their products.
Article 63:
The State
shall respect market management in order to guarantee a
better standard of living for the
people.
Article 64:
The State shall ban
and severely punish those who import, manufacture sell
illicit drugs, counterfeit and expired goods which
affect the health and life of the consumers.
Article 65:
The State shall
protect and upgrade citizens' rights to quality
education at all levels and shall take necessary steps
for quality education to reach all citizens.
The
State shall respect physical education and sports for
the welfare of all Khmer citizens.
Article
66:
The state shall establish a comprehensive and
standardized educational system throughout the country
that shall guarantee the principles of educational
freedom and quality to ensure that all citizens have
equal opportunity to earn a living.
Article
67:
The State shall adopt an educational program
according to the principle of modern pedagogy including
technology and foreign languages.
The State shall
control public and private schools and classrooms at all
levels.
Article 68:
The State shall
provide free primary and secondary education to all
citizens in public schools.
Citizens shall receive
education for at least 9 years.
The State shall
disseminate and develop the Pali schools and the
Buddhist Institute.
Article 69:
The
State shall preserve and promote national
culture.
The State shall Protect and promote the
Khmer language as required.
The State shall preserve
ancient monuments and artifacts and restore historic
sites.
Article 70:
Any offense
affecting cultural artistic heritage shall carry a
severe punishment.
Article 71:
The
perimeter of the national heritage sites as well as
heritage that has been classified as world heritage
shall be considered neutral zones where there shall be
no military activity.
Article 72:
The
health of the people shall be guaranteed. The State
shall give full consideration to disease prevention and
medical treatment. Poor citizens shall receive free
medical consultation in public hospitals, infirmaries
and maternities.
The State shall establish
infirmaries and maternities in rural
areas.
Article 73:
The State shall give
full consideration to children and mothers. The State
shall establish nurseries, and help support women and
children who have inadequate support.
Article
74:
The State shall assist the disabled and the
families of combatants who sacrificed their lives for
the nation.
Article 75:
The State shall
establish a social security system for workers and
employees.
Article 76:
The National
Assembly consists of at least 120 members.
The
deputies shall be elected by a free, universal, equal,
direct and secret ballot.
The deputies may be
re-elected.
Khmer citizens able to stand for election
shall be the Khmer citizens of either sex, who have the
right to vote, at least 25 years of age, and who have
Khmer nationality at birth.
Preparation for the
election, procedure and electoral process shall be
determined by an Electoral Law.
Article
77:
The deputies in the National Assembly shall
represent the entire Khmer people, not only Khmers from
their constituencies.
Any imperative mandate shall be
nullified.
Article 78:
The legislative
term of the National Assembly shall be 5 years and
terminates on the day when the new National Assembly
convenes.
The National Assembly shall not be
dissolved before the end of its term except when the
Royal government is twice deposed within a period of
twelve months. In this case, following a proposal from
the Prime Minister and the approval of the Chairman of
the National Assembly, the King shall dissolve the
National Assembly.
The election of a new National
Assembly shall be held no later than 60 days from the
date of dissolution. During this period, the Royal
government shall only be empowered to conduct routine
business.
In time of war or other special
circumstances where an election cannot be held, the
National Assembly may extend its term for one year at a
time, upon the request of the King.
Such an extension
shall require at least a two-third vote of the entire
National Assembly.
Article 79:
The
National Assembly mandate shall be incompatible with the
holding of any active public function and of any
membership in other institutions provided for in the
Constitution, except when the assembly members (s) is
(are) required to serve in the Royal Government.
In
this circumstance, the said assembly member (s) shall
retain the usual assembly membership but shall not hold
any position in the Permanent Standing Committee and in
other assembly commissions.
Article
80:
The deputies shall enjoy parliamentary
immunity.
No assembly member shall be prosecuted,
detained or arrested because of opinions expressed
during the exercise of his (her) duties.
The
accusation, arrest, or detention of an assembly member
shall be made only with the permission of the National
Assembly or by the Standing Committee of the National
Assembly between sessions, except in case of flagrant
delicto. In that case, the competent authority shall
immediately report to the National Assembly or to the
Standing Committee for decision.
The decision made by
the Standing Committee of the National Assembly shall be
submitted to the National Assembly at its next session
for approval by a 2/3 majority vote of the assembly
members.
In any case, detention or prosecution of a
deputy shall be suspended by a 3/4 majority vote of the
National Assembly members.
Article
81:
The National Assembly shall have an
autonomous budget to conduct its function.
The
deputies shall have received
remuneration.
Article 82:
The National
Assembly shall hold its first session no later than
sixty days after the election upon notice by the
King.
Before taking office, the National Assembly
shall decide on the validity of each member's mandate
and vote separately to choose a Chairman, Vice-Chairmen
and members of each Commission by a 2/3 majority
vote.
All National Assembly members must take oath
before taking office according to the text contained in
Annex 5.
Article 83:
The National
Assembly shall hold its ordinary session twice a
year.
Each session shall last at least three months.
If there is a proposal from the King or the Prime
Minister or at least 1/3 of the National Assembly
members, the National Assembly Standing Committee shall
call an extraordinary session of the National
Assembly.
In this case, the agenda with the
conditions of the extraordinary session shall be
disseminated to the population as well as the date of
the meeting.
Article 84:
Between the
National Assembly sessions, the National Assembly
Standing Committee shall manage the work of the National
Assembly.
The Permanent Standing Committee of the
National Assembly consists of the Chairman of the
National Assembly, the Vice-Chairmen, and the Chairmen
of National Assembly Commissions.
Article
85:
The National Assembly sessions shall be held
in the Royal Capital of Cambodia in the Assembly Hall,
unless stipulated otherwise in the summons, due to
special circumstances.
Except where so stipulated and
unless held at the place and date as stipulated, any
meeting of the National Assembly shall be considered as
illegal and void.
Article 86:
If the
country is in a state of emergency, the National
Assembly shall meet every day continuously. The National
Assembly has the right to terminate this state of
emergency whenever the situation permits.
If the
National Assembly is not able to meet because of
circumstances such as the occupation by foreign forces
the declaration of the state of emergency must be
automatically extended.
During the state of
emergency, the National Assembly shall not be
dissolved.
Article 87:
The Chairman of
the National Assembly shall chair the assembly session;
receive draft bills and resolutions adopted by the
National Assembly, ensure the implementation of the
Internal Rules of Procedure and manage the assembly
relations with foreign countries.
If the Chairman is
unable to perform his/her duties due to illness or to
fulfill the function of Head of State as interim or as a
Regent, or is on a mission abroad, a Vice-Chairman shall
replace him.
In case of resignation or death of the
Chairman or the Vice-Chairman (men), the National
Assembly shall elect a new Chairman or Vice-Chairman
(men).
Article 88:
The National
Assembly sessions shall be held in public.
The
National Assembly shall meet in closed session at the
request of the Chairman or of at least 1/10 of its
members, of the King or of the Prime Minister.
The
National Assembly meeting shall be considered as valid
provided there is a quorum of 7/10 of all
members.
Article 89:
Upon the request
by at least 1/10 of its members the National Assembly
shall invite a high ranking official to clarify
important special issues.
Article 90- New (As
amended March 1999):
The National Assembly is the
only an organ which has legislative power, and performs
its duties as provided for in the constitution and
laws.
This power shall not be transferable to any
other organ or individual.
The National Assembly
shall approve the national budget, State planning,
loans, financial contracts, and the creation,
modification and annulment of tax.
The National
Assembly shall approve administration accounts.
The
National Assembly shall adopt the law on the general
amnesty.
The National Assembly shall adopt or repeal
treaties and International Convention.
The National
Assembly shall adopt the law on proclamation of
war.
The adoption of the above clauses shall be done
by the absolute majority of all members of the entire
National Assembly membership.
The National Assembly
shall pass a vote of confidence in the Royal Government
by a two-third majority of all members of the entire
National Assembly membership.
Article 91- New
(As amended March 1999):
The members of the
Senate, the members of the National Assembly and the
Prime Minister have the right to initiate
legislation.
Deputies have the right to propose
amendments to the laws but these proposals cannot be
accepted if they aim at reducing public income or
increasing the burden on the people.
Article
92:
Laws adopted by the National Assembly which
run counter to the principles of preserving national
independence, sovereignty, territorial integrity, and
affect the political unity or the administration of the
nation shall be annulled. The Constitutional Council is
the only organ which shall decide upon this
annulment.
Article 93- New (As amended March
1999):
Any law approved by the assembly and
finally reviewed by the Senate and signed by the King
for its promulgation shall go into effect in Phnom Penh
ten days after its signing and throughout the country
twenty days after its signing.
Laws that are
stipulated as urgent shall take effect immediately
throughout the country after promulgation.
Laws that
are signed by the King for its promulgation shall be
published in the official journal and announced it to
the public throughout the country.
Article
94:
The National Assembly shall establish various
necessary commissions. The organization and functioning
of the National Assembly shall be determined by the
Internal Rules of Procedure of the National
Assembly.
Article 95:
In case of death,
resignation, or dismissal of an assembly deputy at least
6 months before the end of the mandate, a replacement
shall be appointed in accordance with the Internal Rules
of Procedure of the National Assembly and the Electoral
Law.
Article 96:
The deputies have the
right to put a motion against the Royal Government. The
motion shall be submitted in writing through the
Chairman of the National Assembly.
The replies shall
be given by one or several ministers depending on the
matters related to the accountability of one or several
ministers. If the case concerns the overall policy of
the Royal Government, the Prime Minister shall reply in
person.
The explanations by the ministers or by the
Prime Minister shall be given verbally or in
writing.
The explanations shall be provided within 7
days after the day when the question is received.
In
case of verbal reply, the Chairman of the National
Assembly shall decide whether to hold an open debate or
not. If there is no debate, the answer of the minister
or the Prime Minister shall be considered final. If
there is a debate, the questioner, other speakers, the
ministers, or the Prime Minister may exchange views
within the time-frame not exceeding one session.
The
National Assembly shall establish one day each week for
questions and answers. There shall be no vote during any
session reserved for this purpose.
Article
97:
The National Assembly commissions may invite
any minister to clarify certain issues under his/her
field of responsibility.
Article 98: The
National Assembly shall dismiss a member or members of
the Royal Government or the whole Cabinet by the
adoption of a motion of censure by 2/3 majority of the
entire National Assembly.
The motion of censure shall
be proposed to the National Assembly by at least 30
assembly members in order for the entire National
Assembly to decide.
Article 99- New (As amended March
1999):
The Senate is a body that has legislative
power and performs its duties as determined in the
constitution and law.
The Senate consists of members
the number of which does not exceed half of all of the
members of the Assembly.
Some Senators shall be
nominated and some shall be elected universally.
A
Senator can be re-nominated and
reelected.
Article 100- New (As amended March
1999):
The king shall nominate two
Senators.
The Assembly shall elect two Senators by
majority Vote.
Others shall be universally
elected.
Article 101- New (As amended March
1999):
The organization and operating procedures
concerning the nomination and election of the Senators
and the determination of the electors, election
organization and electoral constituencies shall be
determined by law.
Article 102- New (As
amended March 1999):
The term for Senators is six
years and this term shall expire upon replacement by new
Senators.
When the election of the Senator cannot be
conducted due to war and special circumstances, the
Senate can continue its term year by year upon the
proposal of the King.
The declaration of continuity
of its term shall be decided by at least a two-third
majority of all members of the senate.
In the
circumstance described above the Senate shall assemble
everyday. The Senate has the right to terminate the
above situation with good reason.
If the Senate
cannot assemble due to the invasion of foreign troops
the proclamation of the state of emergency shall be
continuously in effect automatically.
Article
103- New (As amended March 1999):
The mandate of
senators shall be incompatible with the holding of any
active public function, with the functions of members of
the National Assembly, and of any membership in other
institutions provided for in the
constitution.
Article 104- New (As amended
March 1999):
The Senator shall enjoy
parliamentary immunity.
No Senator shall be
prosecuted, detained or arrested because of opinions
expressed during the exercise of his or her
duties.
The accusation, arrest, or detention of a
senator shall be made only with the permission of the
Senate or by the Standing Committee of the Senate
between sessions, except in the case of flagrant
delicto. In that case the competent authority shall
immediately report to the senate or to the Standing
Committee for decision.
The decision made by the
Standing Committee of the Senate shall be submitted to
the Senate at its session for approval by a two-thirds
majority vote of all senators. In any case, detention or
prosecution of a Senator shall be suspended by a
three-quarters majority vote of all
senators.
Article 105- New (As amended March
1999):
The Senate shall have an autonomous budget
to conduct its functions.
Senators shall receive
remuneration.
Article 106- New (As amended
March 1999):
The Senate shall hold its first
session no later than sixty days after the election upon
notice by the King.
Before taking office, the Senate
shall decide on the validity of each member's mandate
and vote separately to choose a president, Vice
president and its members of each commission by a two-
third majority vote.
All Senators must take the oath
before taking office according to the text contained in
annex 7.
Article 107- New (As amended March
1999):
The Senate shall hold its ordinary
sessions twice a year. Each session shall last at least
three months. If there is a proposal from the king or
the prime Minister, or at least one-third of the senate,
the Senate standing Committee shall call an
extraordinary session of the Senate.
Article
108- New (As amended March 1999):
Between the
senate sessions, the Senate Standing Committee shall
mange the work of the Senate.
The permanent Standing
Committee of the Senate consists of the President of the
Senate and the Vice- presidents and the Presidents of
the senate commissions.
Article 109- New (As
amended March 1999):
The Senate sessions shall be
held in the Royal capital of Cambodia in the Senate
Hall, unless stipulated otherwise in the summons, owing
to special circumstances.
Except where so stipulated
and unless held at the place and date as stipulated any
meeting of the Senate shall be considered as illegal and
void.
Article 110- New (As amended March
1999):
The president of the Senate shall chair
the Senate sessions, receive draft bill and resolutions
adopted by the senate, ensure the implementation of the
internal rules of procedure and manage the senate's
relations with foreign countries.
If the President is
unable to perform his duties owing to illness or to
fulfill the functions of Head of State as interim or as
Regent, or is on a mission abroad, a Vice President
shall replace him.
In case of resignation or death of
the president or Vice Presidents, the Assembly shall
elect a new President or Vice
Presidents.
Article 111- New (As amended March
1999):
The Senate sessions shall be held in
public.
The Senate shall meet in closed session at
the request of the President or of at least one-tenths
of its members, of the King or of the Prime Minister or
the President of Assembly.
The Senate meeting shall
be considered as valid provided there is a quorum of
seven-tenths of all members.
The numbers of votes
which are required for the Assembly approval as provided
for in the constitution shall be applied to the Senate
as well.
Article 112- New (As amended March
1999):
The Senate has the duties to coordinate
the work between the Assembly and the
Government.
Article 113- New (As amended March
1999):
The senate shall examine and give a
recommendation to a draft or proposed law that was
firstly adopted by the Assembly and other matters that
the Assembly submitted within no more than one month. If
it is an emergency case that duration shall be reduced
to seven days.
If the Senate approves, or disapproves
but not within the time limit stipulated above, the law
adopted by the Assembly shall be promulgated.
If the
Senate calls for the modification of the draft and the
proposed law the Assembly shall take that draft and that
proposed law into account a second time immediately. The
Assembly shall examine and decide whether to eliminate
all or some of the provisions or any terms that the
Senate calls for so doing.BR>The exchange of the draft
or the proposed law between the Senate and the Assembly
shall be done only within one month. This duration shall
be reduced to ten days if it is the case of national
budget or finance and the duration shall be reduced to
only two days if it is an urgent case.
If the
Assembly withholds for longer than the time stipulated
or delays while inspecting the law the principle
duration for the Assembly and the Senate shall be
extended so that the time duration for both are
equal.
If the Senate rejects the draft or the
proposed law this draft or proposed law cannot be
reviewed a second time by the Assembly before one-month
duration. This duration shall be reduced to fifteen days
in the case of the national budget and finance cases and
to four days if it is an urgent case.
In the
examination of the draft and the proposed law a second
time the Assembly shall adopt same by open vote with an
absolute majority.
The draft or the proposed laws
adopted by the above method shall then be sent for
promulgation.
Article 114- New (As amended
March 1999):
The Senate shall establish necessary
commissions. The organizing and the functioning of the
Senate shall be provided for in the Internal Rules of
the Senate. These internal rules shall be approved by a
two-third majority vote of all
senators.
Article 115- New (As amended March
1999):
In the case of a senator dying, resigning,
or breaching the rules of membership of the senate,
within at least six months before expiration of the
term, the vacancy shall be filled by a person appointed
or elected according to the procedures stipulated in the
internal rules of the Senate and the law on the election
and nomination of senators.
Article 116- New (As amended March
1999):
In the special case, the Assembly and the
Senate can assemble as the congress to resolve the
important issues of the nation.
Article 117-
New (As amended March 1999):
The national issues
mentioned above in new article 116 and the organizing
and functioning of the congress shall be determined by
Law.
Article 118- New (Previously Article
99):
The Council of Ministers is the Royal
Government of Cambodia.
The Council of Ministers
shall be led by one Prime Minister assisted by Deputy
Prime Ministers, and by State Ministers, Ministers, and
State Secretaries as members.
Article 119- New
(Previously Article 100):
At the recommendation
of the Chairman and with the agreement of both the
Vice-Chairmen of the National Assembly, the King shall
designate a dignitary from among the representatives of
the winning party to form the Royal Government. This
designated representative along with other members
chosen from the political parties or represented in the
National Assembly, then present themselves to the
National Assembly to ask for a vote of
confidence.
After the National Assembly has given its
vote of confidence, the King shall issue a Royal Decree
(Kret) appointing the entire Council of
Ministers.
Before taking office, the Council of
Ministers shall take an oath as stipulated in Annex
6.
Article 120- New (Previously Article
101):
The functions of members of the Royal
Government shall be incompatible with professional
activities in trade or industry and with the holding of
any position in the public service.
Article
121- New (Previously Article 102):
Members of the
Royal Government shall be collectively responsible to
the National Assembly for the overall policy of the
Royal Government.
Each member of the Royal Government
shall be individually responsible to the Prime Minister
and the National Assembly for his/her own
conduct.
Article 122- New (Previously Article
103):
Members of the Royal Government shall not
use the orders, written or verbal, of anyone as grounds
to exonerate themselves from their
responsibility.
Article 123- New (Previously
Article 104):
The Council of Ministers shall meet
every week in plenary session or in a working
session.
The Prime Minister shall chair the plenary
sessions.
The Prime Minister may assign a Deputy
Prime Minister to preside over the working
sessions.
Minutes of the Council of Minister's
meetings shall be forwarded to the King for His
information.
Article 124- New (Previously
Article 105):
The Prime Minister shall have the
right to delegate his power to a Deputy Prime Minister
or to any member of the Royal
Government.
Article 125- New (Previously
Article 106):
If the post of Prime Minister is
permanently vacant, a new Council of Ministers shall be
appointed under the procedure stipulated in this
Constitution. If the vacancy is temporary, an acting
Prime Minister shall be provisionally
appointed.
Article 126- New (Previously
Article 107):
Each member of the Royal Government
shall be punished for any crimes or misdemeanors that
he/she has committed in the course of his/her
duty.
In such cases and when he/she has committed
serious offenses in the course of his/her duty, the
Assembly shall decide to file charges against him/her
with the competent court.
The assembly shall decide
on such matters through a secret vote by a simple
majority thereof.
Article 127- New (Previously
Article 108):
The organization and functioning of
the Council of Ministers shall be determined by law.
Article 128- New (Previously Article
109):
The Judicial power shall be an independent
power
The Judiciary shall guarantee and uphold
impartiality and protect the rights and freedoms of the
citizens.
The Judiciary shall cover all lawsuits
including administrative ones.
The authority of the
Judiciary shall be granted to the Supreme Court and to
the lower courts of all sectors and
levels.
Article 129- New (Previously Article
110):
Trials shall be conducted in the name of
Khmer citizens in accordance with the legal procedures
and laws in force.
Only judges shall have the right
to adjudicate. A judge shall fulfill this duty with
strict respect for the laws, wholeheartedly, and
conscientiously.
Article 130- New (Previously
Article 111):
Judicial power shall not be granted
to the legislative or executive
branches.
Article 131- New (Previously Article
112):
Only the Department of Public Prosecution
shall have the right to file criminal
suits.
Article 132- New (Previously Article
113):
The King shall be the guarantor of the
independence of the Judiciary. The Supreme Council of
the Magistracy shall assist the King in this
matter.
Article 133- New (Previously Article
114):
Judges shall not be dismissed. The Supreme
Council of the Magistracy shall take disciplinary
actions against any delinquent judges.
Article
134- New (Previously Article 115):
The Supreme
Council of the Magistracy shall be chaired by the King.
The King may appoint a representative to chair the
Supreme Council of the Magistracy.
The Supreme
Council of the Magistracy shall be chaired by the King.
The King may appoint a representative to chair the
Supreme Council of the Magistracy.
The Supreme
Council of the Magistracy shall make proposals to the
King on the appointment of judges and prosecutors to all
courts.
The Supreme Council of Magistracy shall meet
under the chairmanship of the President of the Supreme
Court or the General Prosecutor of the Supreme Court to
decide on disciplinary actions against judges or
prosecutors.
Article 135- New (Previously
Article 116):
The statutes of judges and
prosecutors and the functioning of the judiciary shall
be defined in separate laws.
Article 136- New (previously Article
117 and as amended March 1999):
The
Constitutional Council shall have the duty to safeguard
respect of the constitution, interpret the Constitution
and laws adopted by the National Assembly and reviewed
completely by the Senate.
The Constitutional Council
shall have the right to receive and decide on disputes
concerning the election of deputies and the election of
members of Senate.
Article 137- New
(Previously Article 118):
The Constitutional
Council shall consist of nine members with a nine-year
mandate. 1/3 of the members of the Council shall be
replaced every three years. 3 members shall be appointed
by the King, 3 members by the National Assembly and 3
others by the Supreme Council of the Magistracy.
The
Chairman shall be elected by the members of the
Constitutional Council. He/she shall have a deciding
vote in cases of equal vote.
Article 138- New
(Previously Article 119):
Members of the
Constitutional Council member shall be selected among
the dignitaries with a higher-education degree in law,
administration, diplomacy or economics and who have
considerable work experience.
Article 139- New
(previously Article 120 and as amended March
1999):
The function of member of the
Constitutional Council shall be incompatible with the
functions of members of Senate, deputies, members of the
royal government, sitting Judges, any function in public
service, President or Vice-president of a political
party or President or Vice-president of a
union.
Article 140- New (previously Article
121 and as amended March 1999):
The King, The
Prime Minister, The President of the National Assembly,
1/10 of the members of National Assembly, The President
of the Senate, or 1/4 of the members of Senate may send
draft laws adopted by National Assembly to the
Constitutional Council for review before
promulgation.
Internal rules of the National
Assembly, Internal rules of the Senate and other
organizational laws shall be sent to the Constitutional
Council for review before their promulgation. The
constitutional council shall decide within thirty days
(30) at the latest whether the above laws and internal
rules of the National Assembly or the Senate are
constitutional.
Article 141- New (previously
Article 122 and as amended March 1999):
After
promulgation of any law, the King, the President of the
Senate, the President of the National Assembly, the
Prime Minister, ?of members of Senate, 1/10 of members
of National Assembly or the Courts may request the
Constitutional Council to review the constitutionality
of that law.
Khmer Citizens shall have the right to
appeal against the constitutionality of any law through
their representative or President of National Assembly
or member of the Senate or President of the Senate as
mentioned in the above articles.
Article 142-
New (Previously Article 123):
Provisions in any
article ruled by the Constitutional Council as
unconstitutional shall not be promulgated or
implemented.
The decision of the Constitutional
Council is final.
Article 143- New (Previously
Article 124):
The King shall consult with the
Constitutional Council on all proposals to amend the
Constitution.
Article 144- New (Previously
Article 125):
An organic law shall specify the
organization and operation of the Constitutional
Council.
Article 145- New (Previously Article
126):
The territory of the Kingdom of Cambodia
shall be divided into provinces and
municipalities.
Provinces shall be divided into
districts (srok) and districts into communes
(khum).
Municipalities shall be divided into Khan and
Khan into Sangkat.
Article 146- New
(Previously Article 127):
Provinces,
municipalities, districts, khan, khum and sangkat shall
be governed in accordance with organic law.
Article 147- New (Previously Article
128):
The National Congress shall enable the
people to be directly informed on various matters of
national interests and to raise issues and requests for
the State authority to solve.
Khmer citizens of both
sexes shall have the right to participate in the
National Congress.
Article 148- New
(Previously Article 129):
The National Congress
shall meet once a year in early December at the
convocation of the Prime Minister. It shall proceed
under the chairmanship of the King.
Article
149- New (Previously Article 130):
The National
Congress adopts recommendations the Senate the National
Assembly and to the Executive branch for
reflection.
The organization and operation of the
National Congress should be determined by law.
Article 150- New (Previously Article
131):
This Constitution shall be the Supreme law
of the Kingdom of Cambodia.
Laws and decisions by the
State institutions shall have to be in strict conformity
with the Constitution.
Article 151- New
(Previously Article 132):
The initiative to
review or to amend the Constitution shall be the
prerogative of the King, the Prime Minister, the
Chairman of the National Assembly at the suggestion of
1/4 of all the assembly members.
Revision or
amendments shall be enacted by a Constitutional law
passed by the National Assembly with a 2/3 majority
vote.
Article 152- New (Previously Article
133):
Revisions or amendments shall be prohibited
when the country is in a state of emergency, as outlined
in Article 86.
Article 153- New (Previously
Article 134):
Revision or amendment affecting the
system of liberal and pluralistic democracy and the
regime of Constitutional Monarchy shall be
prohibited.
Article 154- New (Previously Article
135):
This Constitution, after its adoption,
shall be declared in full force immediately by the King
of Cambodia.
Article 155- New (Previously
Article 136):
After the entry into force of this
Constitution, the Constituent Assembly shall become the
National Assembly.
The Internal Rules of Procedure of
the National Assembly shall come into force after
adoption by the National Assembly.
In the case where
the National Assembly is not yet functional, the
Chairman, the First and Second Vice-Chairmen of the
Constituent Assembly shall participate in the discharge
of duties in the Council of the Throne if so required by
the situation in the country.
Article 156- New
(Previously Article 137 and as amended March
1999):
After this Constitution takes effect, the
King shall be selected in accordance with conditions
stipulated in articles 13(New) and 14.
Article
157- New (Previously Article 138 and as amended March
1999):
After this constitution takes effect, and
during the first legislature, the King of the Kingdom of
Cambodia shall appoint a First Prime-Minister and a
Second Prime Minister to form the Royal Government after
securing the consent of the President and the two Vice
Presidents of the Assembly.
The Co-Presidents
existing before the adoption of this Constitution shall
participate as members of the Committee and in the
Throne Council as stipulated in article s 11 and 13
above.
The first term of the Senate shall be 5 years
and shall be ended after the new Senate taking over the
office.
For the first term of the
Senate:
The total member of members shall be
sixty-one.
The King shall appoint two members
including the President the first Vice President the
second Vice-President of the Senate.
Other members of
the Senate shall be nominated by the king upon proposal
by the president of Senate and President of National
Assembly from among members of political parties which
have seats in the National Assembly.
The joint
meeting between the National Assembly and the Senate
shall be conducted by both presidents of these
institutions.
Article 158- New (Previously
Article 139):
Laws and standard documents in
Cambodia that safeguard State properties, rights,
freedom and legal private properties and in conformity
with the national interests, shall continue to be
effective until altered or abrogated by new texts,
except those provisions that are contrary to the spirit
of this Constitution.
This Constitutional law was adopted by the National Assembly of the Kingdom of Cambodia on the 4th March, 1999 in its 2nd plenary meeting.
Phnom Penh, 6 March 1999