WE, THE PEOPLE OF CAMBODIA
Accustomed to having been an outstanding civilization, a prosperous, large, flourishing and glorious nation, with high prestige radiating like a diamond,
Having declined grievously during the past two decades, having gone through
suffering and destruction, and having been weakened terribly,
Having 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 a multi-party liberal democratic regime guaranteeing human rights, abiding by law, and having high 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 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 an independent, sovereign, peaceful, permanently neutral and non-aligned country.
Article 2 – The territorial integrity of the Kingdom of Cambodia shall absolutely not be violated within its borders as defined in the 1/100,000 scale map between the years 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 are 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.
CHAPTER II THE KING
Article 7 – The King of Cambodia shall reign but shall not govern. The King shall be the Head of State for life. The King shall be inviolable.
Article 8 – The King of Cambodia shall be a symbol of unity and eternity of the nation. The King shall be 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 9 – The King shall assume the august role of arbitrator to ensure the faithful execution of public powers.
Article 10 – The Cambodian monarchy shall be an appointed regime. The King shall not have the power to appoint an heir to the throne.
Article 11 – 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 shall perform the duties of Head of State as “Regent.”
Article 12 – In case of the death of the King, the President of the Assembly shall take over the responsibility as Acting Head of State in the capacity of Regent of the Kingdom of Cambodia.
Article 13 – 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. The Royal Council of the Throne shall consist of : -The President of the National Assembly -The Prime Minister -Samdech the Chiefs of the Orders of Mohanikay and Thammayut -The First and Second Vice-Presidents of the Assembly. The organization and functioning of the Council of the Throne shall be determined by law.
Article 14 – The King of Cambodia shall be a member of the Royal family, of at least 30 years old, descending from the blood line of King Ang Duong, King Norodom or King Sisowath. Upon enthronement, the King shall take the oath of allegiance as stipulated in Annex IV.
Article 15 – The wife of the feigning King shall have the royal title of QUEEN of Cambodia.
Article 16 – The Queen of the Kingdom of Cambodia shall 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. The Queen of the Kingdom of Cambodia shall exercise activities that serve the social, humanitarian, religious interests, and shall assist the King with protocol and diplomatic functions.
Article 17 – The provision as stated in the first clause of Article 7, “the King of Cambodia shall reign but shall not govern,” absolutely shall not be amended.
Article 18 – The King shall communicate with the Assembly by royal messages. These royal messages shall not be subjected to discussion by the National Assembly.
Article 19 – The King shall appoint the Prime Minister and the Council of Ministers according to the procedure stipulated in Article 100.
Article 20 – The King shall grant 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 21 – Upon proposals by the Council of Ministers, the King shall sign decrees (Kret) appointing, transferring or ending the mission of high civil and military officials, ambassadors and Envoys Extraordinary and Plenipotentiary. Upon proposals by the Supreme Council of the Magistracy, the King shall sign decrees (Kret) appointing, transferring or removing judges.
Article 22 – 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 23 – The King is the Supreme Commander of the Royal Khmer Armed Forces. The Commander-in-Chief of the Royal Khmer Armed Forces shall be appointed to command the Royal Khmer Armed Forces.
Article 24 – The King shall serve as Chairman of the Supreme Council of National Defense to be established by law. The King shall declare war after approval of the National Assembly.
Article 25 – The King shall receive letters of credentials from ambassadors or envoys extraordinary and plenipotentiary of foreign countries accredited to the Kingdom of Cambodia.
Article 26 – The King shall sign and ratify international treaties and conventions after a vote of approval by the National Assembly.
Article 27 – The King shall have the right to grant partial or complete amnesty.
Article 28 – The King shall sign the law promulgating the Constitution, laws (Kram) adopted by the National Assembly, and sign decrees (Kret) presented by the Council of Ministers.
Article 29 – The King shall establish and confer national medals proposed by the Council of Ministers. The King shall confer civil and military ranks as determined by law.
Article 30 – In the absence of the King, the President of the Assembly shall assume the duties of Acting Head of State.
CHAPTER III THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
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, colour, 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 mutual agreement on extradition. Khmer citizens residing abroad enjoy the protection of the State. The Khmer nationality shall be determined by law.
Article 34 – Khmer citizens of either sex shall enjoy the right to vote and to stand as candidates for the election. Citizens of either sex of at least eighteen years old, have the right to vote. Citizens of either sex of at least 25 years old, have the rights to stand as candidates for the election. Provisions restricting the right to vote and to stand for the election shall be defined in the Electoral 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 form the people shall be given full consideration by the organs of the State.
Article 36 – Khmer citizens of either sex shall have the right to choose any employment according to 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 members 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 the 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. Coersion, 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 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 reside under 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 right 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 achievements 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 State religion.
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 possessions from any person shall be exercised only in the public interest as provided for under 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 in marriages and matters of the family. 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 women prostitution and obscenity which affect the reputation of women shall be prohibited. A woman shall not lose her job because of pregnancy. Women 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 the 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.
CHAPTER IV ON POLICY
Article 51 – The Kingdom of Cambodia adopts a policy of Liberal Democracy and Pluralism. The Cambodian people are the masters of their own country. All powers belong to the people. The people exercise these powers through the National Assembly, the Royal Government and the Judiciary. The Legislative, Executive, and the 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 ensure 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 endeavours 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 join 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 Untied Nations request. The Kingdom of Cambodia reserves the right to receive foreign assistance in military equipment, armaments, ammunitions, in training of armed forces, and other assistance for self-defense and to maintain public order and security within its territory.
Article 54 – The manufacturing, use, 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.
CHAPTER V ECONOMY
Article 56 – The Kingdom of Cambodia shall adopt market economy system. The preparation and process of this economic system shall be determined by law.
Article 57 – Tax collection shall be in accordance with the law. The national budget shall be determined by law. The management of the monetary and financial systems 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 systems, 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 own products. 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 and 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 consumer.
CHAPTER VI EDUCATION, CULTURE, SOCIAL AFFAIRS
Article 65 – The State shall protect and upgrade citizens’ rights to quality education at all levels and shall take necessary steps for equality 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 equality 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, artifacts, and restore historic sites.
Article 70 – Any offense affecting cultural and 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.
CHAPTER VII THE ASSEMBLY
Article 76 – The 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 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 Assemble shall be 5 years and terminates on the day when the new Assembly convenes. The 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 Assembly President, the King shall dissolve the Assembly. The election of a new 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 times of war or other special circumstances where an election cannot be held, the Assembly may extend its term for one year at a time, upon request of the King. Such an extension shall require at least a two-thirds vote of the entire Assembly.
Article 79 – The 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 member(s) is(are) required to serve in the Royal Government. In these circumstances, 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 a member of assembly shall be 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 shall immediately report to the assembly or to the Standing Committee for decision. The decision made by the Standing Committee of the assembly shall be submitted to the 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 Assembly members.
Article 81 – The assembly shall have an autonomous budget to conduct its function. The deputies shall receive a remuneration.
Article 82 – The assembly shall hold its first session no late than sixty days after the election upon notice by the King. Before taking office, the assembly shall decide on the validity of each member’s mandate and vote separately to choose a President, Vice-Presidents and members of each Commission by a 2/3 majority vote. All assembly members must take the oath before taking office according to the text contained in Annex V.
Article 83 – The assembly shall hold its ordinary sessions twice a year. Each session shall last at least 3 months. If there is a proposal from the King or the Prime Minister, or at least 1/3 of the assembly members, the Assembly Standing Committee shall call an extraordinary session of the 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 assembly sessions, the assembly Standing Committee shall manage the work of the assembly. The Permanent Standing Committee of the assembly consists of the President of the Assembly, the Vice-Presidents, and the Presidents of assembly commissions.
Article 85 – The 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 assembly shall be considered as illegal and void.
Article 86 – If the country is in a state of emergency, the assembly shall meet every day continuously. The Assembly has the right to terminate this state of emergency whenever the situation permits. 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. During the state of emergency, the assembly shall not be dissolved.
Article 87 – The President of the assembly shall chair the assembly sessions, receive draft bills and resolutions adopted by the assembly, ensure the implementation of the Internal Rules of Procedure and manage the assembly relations with foreign countries. If the President is unable to perform his/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 abroad, a Vice-President shall replace him. In case of resignation or death of the President or the Vice-President(s), the Assembly shall elect a new President or Vice-President(s).
Article 88 – The assembly sessions shall be held in public. The assembly shall meet in closed session at the request of the President or of at least 1/10 of its members, of the King or of the Prime Minister. The 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 assembly shall invite a high ranking official to clarify important special issues.
Article 90 – The assembly shall be the only organ to hold legislative power. This power shall not be transferable to any other organ or any individual The assembly shall approve the national budget, the State Planning, the Loans, the Lending and the creation, changes or annulment of tax. The assembly shall approve Administrative Accounts. The assembly shall approve the law on amnesty. The assembly shall approve or annul treaties or international conventions. The assembly shall approve law on the declaration of war. The adoption of the above-mentioned clauses shall be decided by a simple majority of the entire assembly membership. The assembly shall pass a vote of confidence in the Royal Government by a 2/3 majority of all members.
Article 91 – The deputies and the Prime Minister shall have the right to initiate legislation. The deputies shall have the right to propose any amendments to the laws, but, the proposals shall be unacceptable if they aim at reducing public income or increasing the burden on the people.
Article 92 – Laws adopted by the 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 decided upon this annulment.
Article 93 – Any law approved by the Assembly and signed by the King for its promulgation, shall go into effect in Phnom Penh 10 days after signing and throughout the country 20 days after its signing. Laws that are stipulated as urgent shall take effect immediately throughout the country after promulgation. All laws promulgated by the King shall be published in the Journal Official and published throughout the country in accordance with the above schedule.
Article 94 – The Assembly shall establish various necessary commissions. The organization and functioning of the assembly shall be determined by the assembly Internal Rules of Procedure.
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 President of the 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 President of the 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. It there is a debated, the questioner, other speakers, the ministers, or the Prime Minister may exchange views within the timeframe not exceeding one session. The 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 assembly commissions may invite any minister to clarify certain issues under his/her field of responsibility.
Article 98 – The 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 Assembly. The motion of censure shall be proposed to the Assembly by at least 30 assembly members in order for the entire Assembly to decide.
CHAPTER VIII THE ROYAL GOVERNMENT
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 100 – At the recommendation of the President and with the agreement of both Vice-Presidents of the Assembly, the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. This designated dignitary shall lead his colleagues who shall be members of the Assembly or members of the political parties represented in the Assembly, to ask for a vote of confidence from the Assembly. After the 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 VI.
Article 101 – The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry and with holding of any position in the public service.
Article 102 – Members of the Royal Government shall be collectively responsible to the 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 Assembly for his/her own conduct.
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 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 Ministers’ meetings shall be forwarded to the King for His information.
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 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 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 108 – The organization and functioning of the Council of Ministers shall be determined by law.
CHAPTER IX THE JUDICIARY
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 110 – Trials shall be conducted in the name of the 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 111 – Judicial power shall not be granted to the legislative or executive branches.
Article 112 – Only the Department of Public Prosecution shall have the right to file criminal suits.
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 114 – Judges shall not be dismissed. The Supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges.
Article 115 – The Supreme Council of the Magistracy shall be established by an organic law which shall determine its composition and functions. 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 the 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 116 – The statutes of judges and prosecutors and the functioning of the judiciary shall be defined in separate laws.
CHAPTER X THE CONSTITUTIONAL COUNCIL
Article 117 – The Constitutional Council shall have the duty to safeguard respect for the Constitution, to interpret the Constitution, and the laws passed by the Assembly. The Constitutional Council shall have the right to examine and decide on contested cases involving the election of assembly members.
Article 118 – The Constitutional Council shall consist of nine members with a nine-year mandate. One-third of the members of the Council shall be replaced every three years. Three members shall be appointed by the King, three members by the Assembly and three 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 119 – Members of the Constitutional Council shall be selected among the dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience.
Article 120 – The function of a Constitutional Council member shall be 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 or a trade-union or in-post judges.
Article 121 – The King, the Prime Minister, the President of the Assembly, or 1/10 of the assembly members shall forward draft bills to the Constitutional Council for examination before their promulgation. The Assembly Rules of Procedure and various organizational laws shall be forwarded to the Constitutional Council before their promulgation. The Constitutional Council shall decide within no more than thirty days whether the laws and the Internal Rules of Procedure are constitutional.
Article 122 – After a law is promulgated, the King, the Prime Minister, the President of the Assembly, 1/10 of the assembly members or the courts, may ask the Constitutional Council to examine the constitutionality of that law. Citizens shall have the right to appeal against the constitutionality of laws through their representatives or the President of the Assembly as stipulated in the above paragraph.
Article 123 – Provisions in any article ruled by the Constitutional Council as unconstitutional shall not be promulgated or implemented. The decision of the Council is final.
Article 124 – The King shall consult with the Constitutional Council on all proposals to amend the Constitution.
Article 125 – An organic law shall specify the organization and operation of the Constitutional Council.
CHAPTER XI THE ADMINISTRATION
Article 126 – The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities. Provinces shall be divided into districts (srok) Municipalities shall be divided into Khan and Khan into Sangkat.
Article 127 – Provinces, municipalities, districts, Khan, Khum and Sangkat shall be governed in accordance with organic law.
CHAPTER XII THE NATIONAL CONGRESS
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 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 130 – The National Congress shall adopt recommendations for consideration by State authorities and the Assembly. The organization and operation of the National Congress shall be defined by a law.
CHAPTER XIII EFFECTS, REVISION AND AMENDMENTS OF THE CONSTITUTION
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 132 – The initiative to review or to amend the Constitution shall be the prerogative of the King, the Prime Minister, the President of the Assembly at the suggestion of 1/4 of all the assembly members. Revision or amendments shall be enacted by a Constitution law passed by the Assembly with a 2/3 majority vote.
Article 133 – Revision or amendment shall be prohibited when the country is in the state of emergency, as outlined in article 86.
Article 134 – Any revision or amendment affecting the system of liberal and pluralistic democracy and the regime of Constitutional Monarchy shall be prohibited.
CHAPTER XIV TRANSISTIONAL PROVISIONS
Article 135 – This Constitution, after its adoption, shall be declared in force immediately by the Head of State of Cambodia.
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 assembly shall come into force after adoption by the assembly. In the case where the assembly is not yet functional, the President, the First and Second Vice-Presidents of the Constituent Assembly shall participate in the discharge of duties in the Throne Council if so required by the situation in the country.
Article 137 – After this Constitution takes effect, the King shall be selected in accordance with conditions stipulated in articles 13 and 14.
Article 138 – 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-President 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 articles 11 and 13 above.
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.
THE END This Constitution was adopted by the Constitutional Assembly in Phnom Penh on September 21, 1993, at its 2nd Plenary Session.
Phnom Penh, September 21, 1993
Signed: Son Sann