Adopted on: ۲۱ Sep ۱۹۹۳
Preamble
We٫ the people of Cambodia;
Accustomed to havingggg been an outstanding civilization٫ a prosperous٫ large٫
flourishing and glorious nation٫ with high prestige radiating like a diamond;
havingggg declined grievously during the past two decades٫ havingggg gone
through suffering and destruction٫ and havingggg been weakened terribly;
havingggg awakened and resolutely rallied and determined to unite for the
consolidation of national unity٫ the preservation and defense of Cambodia”s
territory and precious sovereignty and the fine Angkor civilization٫ and the
restoration of Cambodia into an “Island of Peace” based on multi-party liberal
democratic responsibility for the nation”s future destiny of moving toward
perpetual progress٫ development٫ prosperity٫ and glory;
With this resolute will;
We inscribe the following as the Constitution of the Kingdom of Cambodia:
Chapter I Sovereignty
Article ۱ [Monarchy٫ Liberal Democracy٫ Pluralism٫ Independence]
(۱) Cambodia is a Kingdom with a King who rules according to the Constitution
and to the principles of liberal democracy and pluralism.
(۲) The Kingdom of Cambodia is an independent٫ sovereign٫ peaceful٫ permanently
neutral and non-aligned country.
Article ۲ [Integrity]
The territorial integrity of the Kingdom of Cambodia may absolutely not be
violated within its borders as defined in the ۱/۱۰۰٫۰۰۰ scale map made between
the years ۱۹۳۳-۱۹۵۳ and internationally recognized between the years ۱۹۶۳-۱۹۶۹.
Article ۳ [Indivisibility]
The Kingdom of Cambodia is an indivisible State.
Article ۴ [Motto]
The motto of the Kingdom of Cambodia is: “Nation٫ Religion٫ King”.
Article ۵ [Language]
The official language and scriptttt are Khmer.
Article ۶ [Capital٫ Coat-of-arms]
(۱) Phnom Penh is the capital of the Kingdom of Cambodia.
(۲) The national flag٫ anthem and coat-of-arms are defined in Annexes I٫ II and
III.
Chapter II The King
Article ۷ [Head of State]
(۱) The King of Cambodia shall reign but not govern.
(۲) The King is the Head of State for life.
(۳) The King is inviolable.
Article ۸ [Unity]
(۱) The King of Cambodia shall be a symbol of unity and eternity of the nation.
(۲) The King is the guarantor of the national independence٫ sovereignty٫ and
territorial integrity of the Kingdom of Cambodia٫ the protector of rights and
freedom for all citizens٫ and the guarantor of international treaties.
Article ۹ [Arbitrator]
The King assumes the august role of arbitrator to ensure the faithful
execcccution of public powers.
Article ۱۰ [Appointed Monarch]
(۱) The Cambodian monarchy is an appointed regime.
(۲) The King does not have the power to appoint a heir to the throne.
Article ۱۱ [Disability٫ Regent]
If the King cannot perform His normal duties as Head of State due to His
serious illness as certified by doctors chosen by the President of the Assembly
and the Prime Minister٫ the President of the Assembly performs the duties of
Head of State as “Regent”.
Article ۱۲ [Death٫ Regent]
In case of the death of the King٫ the President of the Assembly takes over the
responsibility as Acting Head of State in the capacity of Regent of the Kingdom
of Cambodia.
Article ۱۳ [Appointment of New Monarch]
(۱) Within a period of not more than seven days٫ the new King of the Kingdom of
Cambodia shall be chosen by the Royal Council of the Throne.
(۲) The Royal Council of The Throne shall consist of:
– the President of the National Assembly;
– the Prime Minister;
– the Chiefs of the orders of Mohanikay and Thammayut; and
– the First and Second Vice-President of the Assembly.
(۳) The organization and functioning of the Council Throne shall be determined
by law.
Article ۱۴ [Dynasty]
(۱) The King of Cambodia shall be a member of the Royal family٫ of at least ۳۰
years٫ descending from the blood line of King Ang Duong٫ King Norodom or King
Sisowath.
(۲) Upon enthronement٫ the King shall take the oath of allegiance as stipulated
in Annex IV.
Article ۱۵ [Queen]
(۱) The wife of the reigning King shall have the royal title of Queen of the
Kingdom of Cambodia.
Article ۱۶ [Functions of the Queen]
(۱) The Queen of the Kingdom of Cambodia does not have the right to engage in
politics٫ to assume the role of Head of State or head of Government٫ or to
assume other administrative or political roles.
(۲) The Queen of the Kingdom of Cambodia shall exercise activities that serves
the social٫ humanitarian ٫ religious interests٫ and shall assist the King with
protocol and diplomatic functions.
Article ۱۷ [Eternal Restriction]
The provision as stated in Article ۷ (۱)٫ “the King shall reign but not
govern”٫ may absolutely not be amended.
Article ۱۸ [Royal Messages]
The King communicates with the Assembly by royal messages. These royal
messages may not be subjected to discussion by the National Assembly.
Article ۱۹ [Appointment of Ministers]
The King appoints the Prime Minister and the Council of Ministers according to
the procedure stipulated in Article ۱۰۰.
Article ۲۰ [Audience]
The King grants an audience twice a month to the Prime Minister and the Council
of Ministers to hear their reports on the State of the Nation.
Article ۲۱ [Other Appointments]
(۱) Upon proposals by the Council of Ministers٫ the King signs decrees
appointing٫ transferring٫ or ending the mission of high civil and military
officials٫ ambassadors٫ and Envoys Extraordinary and plenipotentiary.
(۲) Upon proposal by the Supreme Council of the Magistracy٫ the King signs
decrees appointing٫ transferring٫ or removing judges.
Article ۲۲ [State of Emergency]
When the nation faces danger٫ the King shall make a proclamation to the people
putting the country in a state of emergency after agreement with the Prime
Minister and the President of the Assembly.
Article ۲۳ [Supreme Commander]
The King is the Supreme Commander of the Royal Khmer Armed Forces. The
Commander-in-Chief of the Royal Khmer Armed Forces is appointed to command the
Royal Khmer Armed Forces.
Article ۲۴ [Defence٫ War]
(۱) The King is serve as Chairman of the Supreme Council of National Defence to
be established by law.
(۲) The King declares war after approval of the National Assembly.
Article ۲۵ [Diplomacy]
The King receives letters of credentials from ambassadors or envoys
extraordinary and plenipotentiary of foreign countries accredited to the
Kingdom of Cambodia.
Article ۲۶ [Treaties]
The King signs and ratifies international treaties and conventions after a vote
of approval by the National Assembly.
Article ۲۷ [Amnesty]
The King has the right to grant partial or complete amnesty.
Article ۲۸ [Countersignature]
The King signs the law promulgating the Constitution٫ laws adopted by the
National Assembly٫ and decrees presented by the council of Ministers.
Article ۲۹ [Medals٫ Ranks]
(۱) The King establishs and confers national medals proposed by the Council of
Ministers.
(۲) The King confers civil and military ranks as determined by law.
Article ۳۰ [Absence٫ Acting Head of State]
In the absence of the King٫ the President of the Assembly assumes the duties of
Acting Head of State.
Chapter III The Rights and Obligations Of Khmer Citizens
Article ۳۱ [Human Rights٫ Equality٫ Restrictions]
(۱) The Kingdom of Cambodia recognizes and respects human rights as stipulated
in the United Nations charrrrter٫ the Universal Declaration of Human Rights٫
the covenants and conventions related to human rights٫ women”s and
children”s rights.
(۲) Every Khmer citizen is equal before the law٫ enjoying the same rights and
freedom and fulfilling the same obligations regardless of race٫ colour٫ sex٫
language٫ religious belief٫ political tendency٫ birth origin٫ social status٫
wealth or other status.
(۳) The exercise of personal rights and freedom by any individual may not
adversely affect the rights and freedom of others. The exercise of such rights
and freedom must be in accordance with law.
Article ۳۲ [Life٫ Personal Freedom٫ Security]
Every Khmer citizen has the right to life٫ personal freedom٫ and security.
Article ۳۳ [Citizenship]
(۱) Khmer citizens may not be deprived of their nationality٫ exiled or arrested
and deported to any foreign country unless there is a mutual agreement on
extradition.
(۲) Khmer citizens residing abroad enjoy the protection of the State.
(۳) Khmer nationality is determined by a law.
Article ۳۴ [Electoral Rights]
(۱) Khmer citizens of either sex shall enjoy the right to vote and to stand as
candidates for the election.
(۲) Citizens of either sex of at least eighteen years old٫ have the right to
vote.
(۳) Citizens of either sex of at least ۲۵ years old٫ have the right to stand as
candidates for the election.
(۴) Provisions restricting the right to vote and to stand for the election are
defined in the electoral for the election.
Article ۳۵ [Political Participation]
(۱) Khmer citizens of either sex are given the right to participate actively in
the political٫ economic٫ social and cultural life of the nation.
(۲) Any suggestions from the people shall be given full consideration by the
organs of the State.
Article ۳۶ [Work]
(۱) Khmer citizens of either sex have the right to choose any employment
according to their ability and to the needs of the society.
(۲) Khmer citizen of either sex receive equal pay for equal work.
(۳) The work by housewives in the home has the same value as what they can
receive when working outside the home.
(۴) Every Khmer citizens has the right to obtain social security and other
social benefits as determined by law.
(۵) Khmer citizens of either sex have the right to form and to be members of
trade unionnnns.
(۶) The organization and conduct of trade unionnnns is determined by law.
Article ۳۷ [Strike٫ Demonstration]
The right to strike and to non-violent demonstration is implemented in the
framework of a law.
Article ۳۸ [Procedural Guarantees]
(۱) The law does not allow physical abuse against any individuals.
(۲) The law protects the life٫ honor٫ and dignity of the citizens.
(۳) The prosecution٫ arrest٫ or detention of any person may only be
execcccuted in accordance with the law.
(۳) Coercion٫ physical ill-treatment or any other mistreatment that imposes
additional punishment on a detainee or prisoner is prohibited. Persons who
commit٫ participate٫ or conspire in such acts are punished according to the
law.
(۴) Confession obtained by physical mental force is not admissible as evidence
of guilt.
(۵) Khmer citizens of either sex shall respect public and legally acquired
private properties.
(۶) Any case of doubt shall be resolved in favor of the accused.
(۷) The accused is to be considered innocent until the court has judged finally
on the case.
(۸) Every citizen enjoys the right to defense through judicial recourse.
Article ۳۹ [Complaints]
Khmer citizens have the right to denounce٫ make complaints٫ or file claims
against any breach of the law by the State and social organs or by members of
such organs committed during the course of their duties. The settlement of
complaints and claims shall reside under the competence of the courts.
Article ۴۰ [Travel]
(۱) Citizens” freedom to travel٫ far and near٫ and legal settlement has to
be respected.
(۲) Khmer citizens have the right to travel and settle abroad and return to the
country.
(۳) The right to privacy of residence and to the secrecy of correspondence by
mail٫ telegram٫ fax٫ telex٫ and telephone is guaranteed.
(۴) Any search of the house٫ material٫ and body must be in accordance with the
law.
Article ۴۱ [Freedom of Expression]
(۱) Khmer citizens have freedom of expression٫ press٫ publication٫ and
assembly. No one may exercise this right to infringe upon the rights of others٫
to affect the good traditions of the society٫ or to violate public law and
order and national security.
(۲) The regime of the media is determined by law.
Article ۴۲ [Associations٫ Political Parties]
(۱) Khmer citizens have the right to establish associations and political
parties. These rights are determined by law.
(۲) Khmer citizens may take part in mass organizations for mutual benefit to
protect national achievements and social order.
Article ۴۳ [Religion]
(۱) Khmer citizens of either sex enjoy the freedom of belief.
(۲) Freedom of religious belief and worship is guaranteed by the State on the
condition that such freedom does not affect other religious beliefs or violate
public order and security.
(۳) Buddhism is the State religion.
Article ۴۴ [Property]
(۱) All persons٫ individually or collectively٫ have the right to ownership.
Only Khmer legal entities and citizens of Khmer nationality have the right to
own land.
(۲) Legal private ownership is protected by the law.
(۳) The right to confiscate possessions from any person may only be exercised
in the public interest as provided for under law and requireds fair and just
compensation in advance.
Article ۴۵ [Gender Equality٫ Marriage]
(۱) All forms of discrimination against woman are abolished.
(۲) The exploitation of women in employment is prohibited in marriages and
matters of the family.
(۳) Marriage is to be conducted according to conditions determined by law based
on the principle of mutual consent between one husband and one wife.
Article ۴۶ [Women]
(۱) The commerce of human beings٫ exploitation by prostitution and obscenity
which affect the reputation of women is prohibited.
(۲) A woman may not lose her job because of pregnancy. Women have the right to
take maternity leave with full pay and with no loss of seniority or other
social benefits.
(۳) The State and society provides opportunities to women٫ especially to those
living in rural areas without adequate social support٫ so they can get
employment٫ medical care٫ send their children to school٫ and have decent living
conditions.
Article ۴۷ [Parentage]
(۱) Parents have the right to take care of and educate their children to become
good citizens.
(۲) Children have the right to take good care of their elderly mother and
father according to Khmer traditions.
Article ۴۸ [Children]
(۱) The State protects the rights of the children as stipulated in the
Convention on Children٫ particular٫ the right to life٫ education٫ protection
during wartime٫ and from economic or sexual exploitation.
(۲) The State protects children from acts that are injurious to their education
opportunities٫ health٫ and welfare.
Article ۴۹ [Duties]
(۱) Every Khmer citizens must respect the Constitution and laws.
(۲) All Khmer citizens have the duty to take part in the national
reconstruction and to defend the homeland. The duty to defend the country is
determined by law.
Article ۵۰ [Principles to be Respected]
(۱) Khmer citizens of either sex must respect the principles of national
sovereign and liberal multi-party democracy.
(۲) Khmer citizens of either sex must respect public and legally acquired
private properties.
Chapter IV On Policy
Article ۵۱ [Liberal Democracy٫ Pluralism٫ Sovereignty٫ Powers]
(۱) The Kingdom of Cambodia adopts a policy of Liberal democracy and Pluralism.
(۲) The Cambodian people are the masterrrrs of their country.
(۳) All powers belong to the people. The people exercise these powers through
the National Assembly٫ the Royal Government٫ and the Judiciary.
(۴) The Legislative٫ execcccutive٫ and the Judicial powers are separated.
Article ۵۲ [State Goals]
The Royal Government of Cambodia protects the independence٫ sovereignty٫ and
territorial integrity of the Kingdom of Cambodia٫ adopts the policy of national
reconciliation to insure national unity٫ and preserves the good national
traditions of the country. The Royal Government of Cambodia preserves and
protects the law and ensures public order and security. The State gives
priority to endeavors which improve welfare and standard of living of the
citizens.
Article ۵۳ [Neutrality]
(۱) 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.
(۲) The Kingdom of Cambodia may not invade any country٫ nor interfere in any
other country”s internal affairs٫ directly or indirectly٫ and shall solve
any problem peacefully with due respect for mutual interests.
(۳) The Kingdom of Cambodia may not join in any military alliance or military
pact which is incompatible with its policy of neutrality.
(۴) The Kingdom of Cambodia may not permit any foreign military base on its
territory and may not have its own military base abroad٫ except within the
framework of a United Nations request.
(۵) The Kingdom of Cambodia reserves the right to receive foreign assistance in
military equipment٫ armaments٫ ammunition٫ in training of its armed forces٫ and
other assistance for self-defense and to maintain public order and security
within its territory.
Article ۵۴ [Prohibited Weapons]
The manufacturing٫ use٫ storage of nuclear٫ chemical٫ or biological weapons
shall be absolutely prohibited.
Article ۵۵ [Incompatible Treaties]
Any treaty and agreement incompatible with the independence٫ sovereignty٫
territorial integrity٫ neutrality٫ and national unity of the Kingdom of
Cambodia is annulled.
Chapter V Economy
Article ۵۶ [Market Economy]
The Kingdom of Cambodia adopts a market economy system. The preparation and
process of this economic system is determined by law.
Article ۵۷ [Taxation٫ Budget٫ Finances]
(۱) Tax collection must be in accordance with the law. The national budget is
determined by law.
(۲) The management of the monetary and financial system is defined by law.
Article ۵۸ [State Property]
(۱) 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.
(۲) The control٫ use and management of State properties is determined by law.
Article ۵۹ [Environmental Protection]
The State protects the environment and balances of abundant natural resources
and establishes a precise plan of management of land٫ water٫ air٫ wind geology٫
ecologic system٫ mines٫ energy٫ petrol٫ and gas٫ rocks and sand٫ gems٫ forests
and forestrial products٫ wildlife٫ fish٫ and aquatic resources.
Article ۶۰ [Production]
Khmer citizens have the right to sell their own products. The obligation to
sell products to the State٫ or the temporary use of State of properties is
prohibited unless authorized by law under special circumstances.
Article ۶۱ [Economic Development]
The State promotes economic development in all sectors and remote areas٫
especially in agriculture٫ handicrafts industry٫ with attention to policies of
water٫ electricity٫ roads٫ and means of transport٫ modern technology٫ and a
system of credit.
Article ۶۲ [Economic Goals]
The State pays attention and helps solve production matters٫ protect the price
of products for farmers and crafters٫ and find marketplace for them to sell
their products.
Article ۶۳ [Market Management]
The State respects market management in order to guarantee a better standard of
living for the people.
Chapter VI Education٫ Culture٫ Social Affairs
Article ۶۴ [Drugs]
The State bans and severely punishes those who import٫ manufacture٫ or sell
illicit drugs٫ counterfeit and expired goods which affect health and life of
the consumers.
Article ۶۵ [Education٫ Sports]
(۱) The State protects and upgrades citizens” rights to quality education at
all levels and takes the necessary steps for quality education to reach all
citizens.
(۲) The State respects physical education and sports for the welfare of all
Khmer citizens.
Article ۶۶ [Educational System]
The State establishes a comprehensive and standardized education system
throughout the country that guarantees the principles of educational freedom
and equality to ensure that all citizens have equal opportunity to earn a
living.
Article ۶۷ [Educational Programs]
(۱) The State adopts educational programs according to the principle of modern
pedagogy including technology and foreign languages.
(۲) The State controls public and private schools and classrooms at all levels.
Article ۶۸ [Free Education]
(۱) The State provides primary and secondary education to all citizens in
public schools.
(۲) The State disseminates and developes the Pali schools and the Buddhist
Institutes.
Article ۶۹ [Language٫ Culture]
(۱) The State protects and promotes the Khmer language as required.
(۲) The State preserves ancient monuments٫ artifacts and restores historic
sites.
Article ۷۰ [Cultural Offences]
Any offense affecting cultural and artistic heritage carries a severe
punishment.
Article ۷۱ [Neutral Zones]
The perimeter of the national heritage sites as well as heritage that has been
classified as world heritage٫ is considered neutral zones where there may be no
military activity.
Article ۷۲ [Health Care]
(۱) The health of the people is to be guaranteed. The State gives full
consideration to disease prevention and medical treatment. Poor citizens
receive free medical consultation in public hospitals٫ infirmaries٫ and
maternities.
(۲) The State establishes infirmaries in rural areas.
Article ۷۳ [Support]
The State gives full consideration to children and mothers. The State
establishes nurseries and helps support women and children who have inadequate
support.
Article ۷۴ [Veterans]
The State assists the disabled and the families of combatants who sacrificed
their lives for the nation.
Article ۷۵ [Social Security System]
The State establishes a social security system for workers and employees.
Chapter VII The Assembly
Article ۷۶ [Election]
(۱) The Assembly consists of at least ۱۲۰ members.
(۲) The deputies are elected by free٫ universal٫ equal٫ direct and secret
ballot. The deputies may be re-elected.
(۳) Khmer citizens able to stand for election are the Khmer citizens of either
sex who have the right to vote٫ at least ۲۵ years of age٫ and who have Khmer
nationalities at birth.
(۴) Preparation for the election٫ procedure٫ and electoral process shall be
determined by an Electoral Law.
Article ۷۷ [Representation]
(۱) The deputies of the Assembly represent the entire Khmer people٫ not only
Khmers from their constituencies.
(۲) Any imperative mandate is nullified.
Article ۷۸ [Term٫ Re-Election]
(۱) The legislative term of the Assembly is five years and terminates on the
day when the new assembly convenes.
(۲) The assembly may not be dissolved before the end of its term except when
the Royal government is twice deposed within a period of twelve months. In this
case٫ following a proposal from the Prime Minister and the approval of the
Assembly President٫ the King dissolves the Assembly.
(۳) The election of a new assembly has to be held no later than ۶۰ days from
the date of dissolution. During this period٫ the Royal government shall only be
empowered to conduct routine business.
(۴) In times of war or other special circumstances an election cannot be held٫
the Assembly may extend its term for one year at a time٫ upon the request of
the King.
(۵) Such an extension requires at least a two-third vote of the entire
assembly.
Article ۷۹ [Incompatibility]
(۱) The assembly mandate is incompatible with the holding of any active public
function and of any membership in other institutions provided for in the
constitution٫ except when the assembly member(s) is (are) required to serve in
the Royal Government.
(۲) In these circumstances٫ the said Assembly members retain the usual assembly
membership but do not hold any position in the Permanent Standing Committee and
in other assembly commissions.
Article ۸۰ [Immunity٫ Indemnity]
(۱) The deputies shall have parliamentary immunity.
(۲) No assembly member shall be prosecuted٫ detained or arrested because of
opinions expressed during the exercise of his or her duties.
(۳) The decision made by the Standing Committee of the assembly is made only
with the permission of the assembly or by the Standing Committee of the
Assembly between sessions٫ except in case of flagrante delicto. In that case٫
the competent authority immediately reports to the assembly or to the Standing
Committee for decision.
(۴) The decision made by the Standing Committee of the assembly is submitted to
the assembly at its next session for approval by a two-third majority vote of
the assembly members.
(۵) In any case٫ detention or prosecution of a deputy is suspended by a ۳/۴
majority vote of the Assembly members.
Article ۸۱ [Remuneration]
(۱) The assembly has the autonomous budget to conduct its function.
(۲) The deputies receive a remuneration.
Article ۸۲ [First Session]
(۱) The assembly holds its first session no later than sixty days after the
election upon notice by the King.
(۲) Before taking office٫ the assembly decides on the validity of each
member”s mandate and votes separately to choose a President٫ Vice-Presidents
and members of each Commission by a two-third majority vote.
(۳) All assembly members must take the oath before taking office according to
the text contained in Annex ۵.
Article ۸۳ [Sessions]
(۱) The assembly holds its ordinary sessions twice a year.
(۲) Each session lasts at least ۳ months. If there is a proposal from the King
or the Prime Minister٫ or at least ۱/۳ of the assembly members٫ the Assembly
Standing Committee calls an extraordinary session of the assembly.
(۳) In this case٫ the agenda with the conditions of the extraordinary٫ is to be
disseminated to the population as well as the date of the meeting.
Article ۸۴ [Permanent Standing Committee]
(۱) Between the assembly sessions٫ the assembly”s Permanent Standing
Committee manages the work of the assembly.
(۲) The Permanent Standing Committee of the assembly consists of the President
of the Assembly٫ the Vice-Presidents٫ and the presidents of assembly
commissions.
Article ۸۵ [Location]
(۱) The assembly sessions are to be held in the royal capital of Cambodia in
the Assembly Hall٫ unless stipulated otherwise in the summons٫ due to special
circumstances.
(۲) Except where so stipulated and unless held at the place and date as
stipulated٫ any meeting of the assembly is considered as illegal and void.
Article ۸۶ [Emergency Meeting]
(۱) If the country is in a state of emergency٫ the assembly meets every day
continuously. The assembly has the right to terminate this state of emergency
whenever the situation permits.
(۲) If the Assembly is not able to meet because of circumstances such as the
occupation by foreign forces the declaration of the state of emergency must be
automatically extended.
(۳) During the state of emergency٫ the assembly cannot be dissolved.
Article ۸۷ [Presidents of the Assembly]
(۱) The President of the assembly chairs the assembly sessions٫ receives draft
bills and resolutions adopted by the assembly٫ ensures the implementation of
the Internal Rules of procedure٫ and manages the assembly relations with
foreign countries.
(۲) If the President is unable to perform his of her duties due to illness or
to fulfill the functions of Head of State ad interim or as a Regent٫ or is on a
mission aborad٫ a Vice-President replaces him.
(۳) In case of resignation or death of the President or the Vice-President(s)٫
the Assembly elects a new President or Vice-President(s).
Article ۸۸ [Publicity٫ Quorum]
(۱) The assembly sessions are held in public.
(۲) The assembly meets in closed session at the request of the President or of
at least ۱/۱۰ of its members٫ of the King or of the Prime Minister.
(۳) The assembly meeting is considered as valid provided there is a quorum of ۷
/۱۰ of all members.
Article ۸۹ [Officials in Parliament]
Upon the request by at least ۱/۱۰ of its members٫ the assembly invites a high
ranking official to clarify important special issues.
Article ۹۰ [Functions of the Assembly]
(۱) The assembly is the only organ to hold legislative power. This power
is not transferable to any other organ or any individual.
(۲) The assembly approves Administrative Accounts.
(۳) The assembly approves the law on amnesty.
(۴) The assembly approves or annuls treaties or international conventions.
(۵) The assembly approves the law on the declaration of war.
(۶) The adoption of the above-mentioned clauses is decided by a simply majority
of the entire assembly membership.
(۷) The assembly passes a vote of confidence in the Royal Government by a
two-thirds majority of all members.
Article ۹۱ [Initiative]
(۱) The deputies and the Prime Minister have the right to initiate legislation.
(۲) The deputies have the right to propose any amendments to the laws٫ but٫ the
proposals is unacceptable if they aim at reducing public income or increasing
the burden on the people.
Article ۹۲ [Annulment of Laws]
Laws adopted by the Assembly which run counter to the principles of preserving
national independence٫ sovereignty٫ or administration of the nation shall be
annulled. The Constitutional Council is the only organ which decides upon this
annulment.
Article ۹۳ [Promulgation]
(۱) Any law approved by the Assembly and signed by the King for its
promulgation٫ goes into effect in Phnom Penh ۱۰ days after signing and
throughout the country ۲۰ days after its signing.
(۲) Laws that are stipulated as urgent take effect immediately throughout the
country after promulgation.
(۳) All laws promulgated by the King must be published in the Journal Official
and published throughout the country in accordance with the above schedule.
Article ۹۴ [Commissions٫ Internal Rules of Procedure]
The Assembly establishes various necessary commissions. The organization and
functioning of the assembly is determined by the assembly Internal Rules of
Procedure.
Article ۹۵ [Replacement of Members]
In case of death٫ resignation٫ or dismissal of an assembly deputy at least ۶
months before the end of the mandate٫ a replacement is appointed in accordance
with the Internal Rules of Procedure of the National Assembly and the Electoral
Law.
Article ۹۶ [Motion Against the Government٫ Questions]
(۱) The deputies have the right to put a motion against the Royal Government.
The motion must be submitted in writing through the President of the assembly.
(۲) The replies shall be given by one or several ministers depending on the
matters to the accountability of one or several ministers. If the case concerns
the overall policy of the Royal Government٫ the Prime Minister shall reply in
person.
(۳) The explanations by the ministers or by the Prime Minister are given
verbally or in writing.
(۴) The explanations must be provided within ۷ days after the day when the
question is received.
(۵) In case of verbal reply٫ the President of the assembly decides whether to
hold an open debate or not. If there is no debate٫ the answer of the minister
or the Prime Minister is considered final. If there is a debate٫ the
questioner٫ other speakers٫ the ministers٫ or the Prime Minister may exchange
views within the time frame not exceeding one session.
(۶) The assembly establishes one day each week for questions and answers. There
shall be no vote during any sessions reserved for this purpose.
Article ۹۷ [Ministers in Parliament]
The assembly commissions may invite any minister to clarify certain issue under
his of her field of responsibility.
Article ۹۸ [Motion of Censure]
(۱) The Assembly dismisses a member or members of the Royal Government or the
whole Cabinet by the adoption of a motion of censure by a two-third majority of
the entire Assembly.
(۲) The motion of censure must be proposed to the Assembly by at least ۳۰
assembly members in order for the entire Assembly to decide.
Chapter VIII The Royal Government
Article ۹۹ [Council of Ministers٫ Ministers]
(۱) The Council of Ministers is the Royal Government of Cambodia.
(۲) The Council of Ministers is led by one Prime Minister assisted by Deputy
Prime Ministers٫ and by State Ministers٫ Ministers٫ and State Secretaries as
members.
Article ۱۰۰ [Establishing Government]
(۱) At the recommendation of the President and with the agreement of both
Vice-Presidents of the Assembly٫ the King designates a dignitary from among the
representatives of the winning party to form the Royal Government. This
designated dignitary forms a government out of members of the Assembly or
members of the political parties represented in the Assembly.
(۲) After the Assembly has given its vote of confidence٫ the King issues a
Royal decree appointing the entire Council of Ministers.
(۳) Before taking office٫ the Council of Ministers takes an oath as stipulated
an Annex ۶.
Article ۱۰۱ [Incompatibility]
The functions of members of the Royal Government are incompatible with
professional activities in trade or industry and with the holding of any
position in the public service.
Article ۱۰۲ [Responsibility]
(۱) Members of the Royal Government are collectively responsible to the
Assembly for the overall policy of the Royal Government.
(۲) Each member of the Royal Government is individually responsible to the
Prime Minster and the Assembly for his or her own conduct.
Article ۱۰۳ [Independence of Government]
Members of the Royal Government may not use the orders٫ written or verbal٫ of
anyone as grounds to exonerate themselves form their responsibility
Article ۱۰۴ [Sessions]
(۱) The Council of Minister meets every week in plenary session or in a working
session.
(۲) The Prime Minister chairs the plenary sessions.
(۳) The Prime Minister may assign a Deputy Prime Minister to preside over the
working sessions.
(۴) Minutes of the Council of Ministers” meeting are forwarded to the King
for His information.
Article ۱۰۵ [Delegation of Powers by Prime Minister]
The Prime Minister has the right to delegate his power to a Deputy Prime
Minister or to any member of the Royal Government.
Article ۱۰۶ [Vacancy٫ Acting Prime Minister]
If the post of Prime Minister is permanently vacant٫ a new Council of Ministers
is appointed under the procedure stipulated in this Constitution. If the
vacancy is temporary٫ an acting Prime Minister is provisionally appointed.
Article ۱۰۷ [Dereliction of Duties]
(۱) Each member of the Royal Government is to be punished for any crimes or
misdemeanors that he or she has committed in the course of his or her duty.
(۲) In such cases٫ the Assembly shall decide to file charrrrges against him or
her.
(۳) The Assembly decides on such matters through a secret vote by a simple
majority thereof.
Article ۱۰۸ [Organizational Law]
The organization and functioning of the Council of Ministers is determined by
law.
Chapter IX The Judiciary
Article ۱۰۹ [Independence]
(۱) The judicial power is an independent power.
(۲) The judiciary guarantees and upholds impartiality and protects the rights
and freedoms of the citizens.
(۳) The Judiciary covers all lawsuits including administrative ones.
(۴) The authority of the Judiciary is granted to the Supreme Court and to lower
courts of all sectors and levels.
Article ۱۱۰ [Judges” Powers]
(۱) Trials are conducted in the name of the Khmer citizens in accordance with
the legal procedures and laws in force.
(۲) Only judges have the right to adjudicate. A judge must fulfill this duty
with strict respect for the laws٫ wholeheartedly٫ and conscientiously.
Article ۱۱۱ [Separation of Powers]
Judicial power may not be granted to the legislative or execcccutive branches.
Article ۱۱۲ [Criminal Suits]
Only the Department of Public Prosecution has the right to file criminal suits.
Article ۱۱۳ [Quarantor of Independece]
The King is the guarantor of the independence of the Judiciary. The Supreme
Council of the Magistracy assists the King in this matter.
Article ۱۱۴ [Disciplinary Action]
Judges may not be dismissed. The Supreme Council of the Magistracy takes
disciplinary actions against any delinquent judges.
Article ۱۱۵ [Supreme Council of the Magistry]
(۱) The Supreme Council of the Magistracy is established by an organic law
which determines its composition and functions.
(۲) The Supreme Council of the Magistracy is chaired by the King. The King may
appoint a representative to chair the Supreme Council of the Magistracy.
(۳) The Supreme Council of the Magistracy makes proposals to the King on the
appointment of judges and prosecutors to all courts.
(۴) The Supreme Council of the Magistracy meets under the chairmanship of the
President of the Supreme Court or the General Prosecutor of the Supreme Court
to decide on disciplinary actions against the judges or prosecutors.
Article ۱۱۶ [Status Laws]
The statuses of judges and prosecutors and the functioning of the judiciary are
defined in separate laws.
Chapter X The Constitutional Council
Article ۱۱۷ [Functions]
(۱) The Constitutional Council has the duty to safeguard respect for the
Constitution and to interpret the Constitution and the laws passed by the
Assembly.
(۲) The Constitutional Council has the right to examine and decide on contested
cases involving the election of assembly members.
Article ۱۱۸ [Term٫ Appointment]
(۱) The Constitutional Council consists of nine members with a nine-year
mandate. One third of the members of the Council are replaced every three
years. Three members are appointed by the King٫ three members by the Assembly٫
and three others by the Supreme Council of the Magistracy.
(۲) The Chairman is elected by the members of the Constitutional Council. He or
she shall have a deciding vote in cases of equal vote.
Article ۱۱۹ [Eligibility]
Members of the Constitutional Council are selectttted among the dignitaries
with a higher-education degree in law٫ administration٫ diplomacy٫ or economics
and who have considerable work experience.
Article ۱۲۰ [Incompatibility]
The function of a Constitutional Council member is incompatible with that of a
member of the Royal Government٫ member of the assembly٫ President or
Vice-President of a political party٫ President or Vice-President of
trade-unionnnn or in-post judges.
Article ۱۲۱ [Preventive Review]
(۱) The King٫ the Prime Minister٫ the President of the Assembly٫ or ۱/۱۰ of the
assembly members may forward draft bills to the Constitutional Council for
examination before their promulgation.
(۲) The Constitutional Council decides within no more than thirty days whether
the laws and the Internal Rules of Procedure are constitutional.
Article ۱۲۲ [Repressive Review]
(۱) After the law is promulgated٫ the King٫ the Prime Minister٫ the President
of the Assembly٫ ۱/۱۰ of the assembly members٫ or the courts٫ may ask the
Constitutional Council to examine the Constitutionality of that law.
(۲) Citizens have the right to appeal against the Constitutionality of the laws
as through their representatives or the President of the Assembly as stipulated
in the above paragraph.
Article ۱۲۳ [Unconstitutionality]
(۱) Provisions of any article ruled by the Council as unconstitutional may not
be promulgated or implemented.
(۲) The decision of the Council is final.
Article ۱۲۴ [Amendment Consultation]
The King consults with the Constitutional Council on all proposals to amend the
Constitution.
Article ۱۲۵ [Organizational Law]
An organic law specifies the organization and operation of the Constitutional
Council.
Chapter XI The Administration
Article ۱۲۶ [Local Entities]
(۱) The territory of the Kingdom of Cambodia is divided into provinces and
municipalities.
(۲) Provinces are divided into districts and districts into communes.
(۳) Municipalities are divided into Khan and into Sangkat.
Article ۱۲۷ [Law on Local Government]
Provinces٫ municipalities٫ districts٫ khan٫ khum٫ and sangkat are governed
in accordance with organic law.
Chapter XII The National Congress
Article ۱۲۸ [Participation in Congress]
(۱) The National Congress enables the people to be directly informed on various
matters of national interests and to raise issues and requests for the State
authority to solve.
(۲) Khmer citizens of both sexes have the right to participate in the National
Congress.
Article ۱۲۹ [Yearly Meeting]
(۱) The National Congress meets once a year in early December at the
convocation of the Prime Minister.
(۲) It proceeds under the chairmanship of the King.
Article ۱۳۰ [Function٫ Organizational Law]
(۱) The National Congress adopts recommendations for consideration by State
authorities and the Assembly.
(۲) The organization and operation of the National Congress is defined by a
law.
Chapter XIII Effects٫ Revision and Amendments of the Constitution
Article ۱۳۱ [Supremacy of the Constitution]
(۱) This Constitution is the Supreme Law of the Kingdom of Cambodia.
(۲) Laws and decisions by the State institutions have to be in strict
conformity with the Constitution.
Article ۱۳۲ [Amendment Initiative]
(۱) The initiative to review or to amend the Constitution is the prerogative of
the King٫ the Prime Minister٫ the President of the Assembly at the suggestion
of ۱/۴ of all the assembly members.
(۲) Revision or amendments are enacted by a Constitutional law passed by the
Assembly with a two-third majority vote.
Article ۱۳۳ [No Amendment During State of Emergency]
Revision or amendment are prohibited when the country is in the State of
emergency٫ as outlined in Article ۸۶.
Chapter XIV Transitional Provision
Article ۱۳۴ [Prohibited Amendments]
Revision or amendment affecting the system of liberal and pluralistic democracy
and the regime of Constitutional Monarchy are prohibited.
Article ۱۳۵ [Entry Into Force]
This Constitution٫ after its adoption٫ is to be declared in force immediately
by the Head of State of Cambodia.
Article ۱۳۶ [Enforcement Proceedings]
(۱) After the entry into force of this Constitution٫ the Constituent Assembly
becomes the National Assembly.
(۲) The Internal Rules of Procedure of the assembly come into force after
adoption by the assembly.
(۳) In the case where the assembly is not yet functional٫ the President and the
First and Second Vice-Presidents of the Constituent Assembly participate in the
discharrrrge of the duties in the Throne Council if so required by the
situation in the country.
Article ۱۳۷ [selecttttion of the King]
After this Constitution takes effect٫ the King is selectttted in accordance
with conditions stipulated in Article ۱۳ and ۱۴.
Article ۱۳۸ [First Prime Minister]
(۱) After this Constitution take effects٫ and during the first legislature٫ the
King of the Kingdom of Cambodia appoints a First Prime Minister and a Second
Prime Minister to form a Royal Government after securing the consent of the
President and the two Vice-Presidents of the assembly.
(۲) The Co-President existing before the adoption of this Constitution
participate as members of the Committee and in the Throne Council as stipulated
in Articles ۱۱ and ۱۳.
Article ۱۳۹ [Validity of Old Law]
Laws and standard documents in Cambodia that safeguard State properties٫
rights٫ freedom and legal private properties٫ and are in conformity with the
national interests٫ continue to be effective until altered or abrogated by
newer texts٫ except those provisions that are contrary to the spirit of this
Constitution.