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Constitution of Cambodia (1993, rev. 1999)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

2


3Preamble

4WE, THE PEOPLE OF CAMBODIA

5Having known grand civilization of prosperous, powerful, and glorious nation whose prestige radiates like diamond,

6Having endured sufferings and destructions and having experienced tragic decline in the course of the two decades,

7Having awakened, stood up with 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 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,

8WITH THIS RESOLUTE WILL

9We inscribe the following as the Constitution of the Kingdom of Cambodia:

10Chapter I. Sovereignty

11Article 1

12Cambodia is Kingdom with King who shall rule according to the Constitution and to the principles of liberal democracy and pluralism.

13The Kingdom of Cambodia shall be independent, sovereign, peaceful, permanently neutral and non-aligned country.

14Article 2

15The 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.

16Article 3

17The Kingdom of Cambodia is an indivisible state.

18Article 4

19The motto of the Kingdom of Cambodia is: "Nation, Religion, King"

20Article 5

21The official language and script is Khmer.

22Article 6

23Phnom 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.

24Chapter II. The King

25Article 7

26The King of Cambodia shall reign but shall not govern.

27The King shall be the Head of State for life. The King shall be inviolable.

28Article 8

29The King of Cambodia shall be symbol of unity and eternity of the nation.

30The King shall be 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.

31Article 9

32The King shall assume the august role of arbitrator to ensure the faithful execution of public powers.

33Article 10

34The Cambodian monarchy shall be an appointed regime.

35Article 11

36In the case that the King cannot perform His normal duties as Head of State owing to His serious illness as certified by doctors chosen by the President of the Senate, the President of the Assembly and the Prime Minister the President of the Assembly and Senate shall perform the duties of Head of state as "Regent"

37In the case of the President of the Senate cannot perform his duties as the acting Head of State replacing the King as "Regent" when he is ill seriously as provided in the above paragraph the President of Assembly shall take them over.

38In the case as stated in the above paragraph, other dignitaries as following hierarchy can perform Acting Head of State as Regent:

39 A.First Vice-President of the Senate

40 B.First Vice-President of the Assembly

41 C.Second Vice-President of the Senate

42 D.Second Vice-President of the Assembly

43Article 12

44In case of the death of the King, the President of the Assembly Senate shall take over the responsibility as Acting Head of State in the capacity of Regent of the Kingdom of Cambodia.

45In the case that the President of the Senate cannot perform his duties of the acting Head of State as "Regent" in the place of the King on the death of the King the responsibilities of Head of State in the capacity of regent shall be exercised in conformity with the second and third paragraph of new Article 11.

46Article 13

47Within period of not more than seven days, the Royal Council of Throne shall choose the new King of the Kingdom of Cambodia.

48The Royal Council of the Throne shall consist of:

49 The President of the Senate

50 The President of the Assembly

51 The Prime Minister

52 The Chiefs of the Order Mohanikay and Thammayut

53 The First and Second Vice-President of the Senate

54 The First and Second Vice-President of the Assembly

55The organization and functioning of the Council of the Throne shall be determined by law.

56Article 14

57The King of Cambodia shall be 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.

58Upon enthronement, the King shall take the oath of allegiance as stipulated in Annex IV.

59Article 15

60The wife of the reigning King shall have the royal title of Queen of Cambodia.

61Article 16

62The 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.

63The 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.

64Article 17

65The 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.

66Article 18

67The King shall communicate with the Assembly by royal messages.

68These royal messages shall not be subject to discussion by the Senate and the National Assembly.

69Article 19

70The King shall appoint the Prime Minister and the Council of Ministers according to the procedures stipulated in Article 100.

71Article 20

72The King shall grant an audience twice month to the Prime Minister and the Council of Ministers to hear their reports on the State of the Nation.

73Article 21

74Upon 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.

75Upon proposals by the Supreme Council of Magistracy, the King shall sign decrees (Kret) appointing, transferring or removing judges.

76Article 22

77When the nation faces danger, the king shall make proclamation to the people putting the country in state of emergency after agreement with the Prime Minister, the president of Assembly and the president of the Senate.

78Article 23

79The King is the Supreme Commander of the Royal Khmer Armed Forces. The Commander-in-Chief of the Royal Khmer Armed Forces shall be appointed to command the Armed Forces.

80Article 24

81The King shall serve as Chairman of the Supreme Council of National defense to be established by law.

82The King shall declare war after approval of the Assembly and the Senate.

83Article 25

84The King shall receive letters of credentials from ambassador or envoys extraordinary and plenipotentiary of foreign countries accredited to the Kingdom of Cambodia.

85Article 26

86The King shall sign and ratify international treaties and conventions after vote of approval by the National Assembly and the Senate.

87Article 27

88The King shall have the right to grant partial or complete amnesty.

89Article 28

90The King shall sign the law promulgating the Constitution; laws adopted by the National Assembly and laws completely reviewed by the Senate and shall sign the Royal decree presented by the Council of Ministers.

91In the case that the King is serious illness and is hospitalized abroad, the King has the right to delegate the power of signing of the above laws and royal decrees to the Acing head of State through delegating writs.

92Article 29

93The 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.

94Article 30

95In the absence of the King, the President of the Assembly Senate shall assume the duties of acting Head of State. In the case that the President of the Senate cannot perform his duties as the acting Head of State replacing the King due to his absence, the responsibilities as the Acting Head of State shall be exercised in conformity with second and third paragraph of new Article 11.

96Chapter III. The Rights and Obligations of Khmer Citizens

97Article 31

98The 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.

99Every 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.

100Article 32

101Every Khmer citizen shall have the right to life, personal freedom, and security.

102There shall be no capital punishment.

103Article 33

104Khmer citizens shall not be deprived of their nationality, exiled or arrested and deported to any foreign country unless there is mutual agreement on extradition.

105Khmer citizens residing abroad enjoy the protection of the State.

106The Khmer nationality shall be determined by law.

107Article 34

108Khmer citizens of either sex shall enjoy the right to vote and to stand as candidates for the election.

109Khmer citizens of either sex at least eighteen years old have the right to vote.

110Citizens of either sex at least twenty-five years old, have the right to stand as candidates for the election.

111Citizens of either sex at least forty years old, have the right to stand as candidates for the election of senators.

112Provisions restricting the right to vote and the right to stand as candidates of the election shall be determined by law.

113Article 35

114Khmer citizens of either sex shall have the right to participate actively in the political, economic, social and cultural life of the nation.

115Any suggestions from the people shall be given full consideration by the grant of the State.

116Article 36

117Khmer citizens of either sex shall enjoy the right to choose any employment according their ability and to the needs of the society.

118Khmer citizens of either sex shall receive equal pay for equal work.

119The work by housewives in the home shall have the same value as what they can receive when working outside the home.

120Every Khmer citizen shall have the right to obtain social security and other social benefits as determined by law.

121Khmer citizens of either sex shall have the right to form and to be member of trade unions.

122The organization and conduct of trade unions shall be determined by law.

123Article 37

124The right to strike and to non-violent demonstration shall be implemented in the framework of law.

125Article 38

126The law guarantees there shall be no physical abuse against any individual.

127The law shall protect life, honor, and dignity of the citizens.

128The prosecution, arrest, or detention of any person shall not be done except in accordance with the law.

129Coercion, physical ill-treatment or any other mistreatment that imposes additional punishment on detainee or prisoner shall be prohibited. Persons who commit, participate or conspire in such acts shall be punished according to the law.

130Confessions obtained by physical or mental force shall not be admissible as evidence of guilt.

131Any case of doubt, it shall be resolved in favor of the accused.

132The accused shall be considered innocent until the court has judged finally on the case.

133Every citizen shall enjoy the right to defense through judicial recourse.

134Article 39

135Khmer 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.

136Article 40

137Citizens' freedom to travel, far and near and legal settlement shall be respected.

138Khmer citizens shall have the right to travel and settle abroad and return to the country.

139The rights to privacy of residence, and to the secrecy of correspondence by mail, telegram, fax, telex and telephone shall be guaranteed.

140Any search of the house, material and body shall be in accordance with the law.

141Article 41

142Khmer 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.

143The regime of the media shall be determined by law.

144Article 42

145Khmer Citizens shall have the right to establish associations and political parties. These rights shall be determined by law.

146Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order.

147Article 43

148Khmer citizens of either sex shall have the right to freedom of belief.

149Freedom 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.

150Buddhism shall be the religion of the State.

151Article 44

152All 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.

153Legal private ownership shall be protected by law.

154The 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.

155Article 45

156All forms of discrimination against women shall be abolished.

157The exploitation of women in employment shall be prohibited.

158Men and women are equal in all fields especially with respect to marriage and family matters.

159Marriage shall be conducted according to conditions determined by law based on the principle of mutual consent between one husband and one wife.

160Article 46

161The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women shall be prohibited.

162A 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.

163The 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.

164Article 47

165Parents shall have the duty to take care of and educate their children to become good citizens.

166Children shall have the duty to take good care of their elderly mother and father according to Khmer traditions.

167Article 48

168The 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.

169The State shall protect children from acts that are injurious to their educational opportunities, health and welfare.

170Article 49

171Every Khmer citizen shall respect the Constitution and laws.

172All 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.

173Article 50

174Khmer citizens of either sex shall respect the principles of national sovereignty, liberal multi-party democracy.

175Khmer citizens of either sex shall respect public and legally acquired private properties.

176Chapter IV. On Policy

177Article 51

178The Kingdom of Cambodia adopts policy of Liberal Democracy and Pluralism.

179The Cambodian people are the masters of their own country.

180All power belongs to the people. The people exercise these powers through the National Assembly, The Senate, the Royal Government and the Judiciary.

181The legislative, executive, and judicial powers shall be separate.

182Article 52

183The 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.

184Article 53

185The Kingdom of Cambodia adopts policy of permanent neutrality and non-alignment. The Kingdom of Cambodia follows policy of peaceful co-existence with its neighbors and with all other countries throughout the world.

186The 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.

187The Kingdom of Cambodia shall not joint in any military alliance or military pact which is incompatible with its policy of neutrality.

188The 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 United Nations request.

189The 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.

190Article 54

191The manufacturing, use and storage of nuclear, chemical or biological weapons shall be absolutely prohibited.

192Article 55

193Any treaty and agreement incompatible with the independence, sovereignty, territorial integrity, neutrality and national unity of the Kingdom of Cambodia shall be annulled.

194Chapter V. Economy

195Article 56

196The Kingdom of Cambodia shall adopt the market economy system.

197The preparation and process of this economic system shall be determined by the law.

198Article 57

199Tax collection shall be in accordance with the law. The national budget shall be determined by law.

200Management of the monetary and financial system shall be defined by law.

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