CONSTITUTION
OF KINGDOM OF CAMBODIA
PREAMBLE
CHAPTER I SOVEREIGNTY
CHAPTER II THE KING
CHAPTER III THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
CHAPTER IV ON POLICY
CHAPTER V ECONOMY
CHAPTER VI EDUCATION, CULTURE, SOCIAL
AFFAIRS
CHAPTER VII THE ASSEMBLY
CHAPTER VIII THE ROYAL GOVERNMENT
CHAPTER IX THE JUDICIARY
CHAPTER X THE CONSTITUTIONAL COUNCIL
CHAPTER XI THE ADMINISTRATION
CHAPTER XII THE NATIONAL CONGRESS
CHAPTER XIII EFFECTS, REVISION AND AMENDMENTS OF THE
CONSTITUTION
CHAPTER XIV TRANSITIONAL PROVISION
PREAMBLE
We,
the People of Cambodia
• Accustomed to having been an outstanding civilization, a prosperous,
large, flourishing and glorious nation, with high prestige radiating line
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 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
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
made 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 a 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-President of the Assembly.
The organization and functioning of the council 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, 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 reigning 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 serves
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
shall reign but shall not govern", absolutely 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
(Ret) appointing, transferring or ending the mission of high civil and
military officials, ambassadors and Envoys Extraordinary and plenipotentiary.
Upon proposal by the Supreme Council of the Magistracy, the King shall
sign decrees (Ret) 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 is 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.
The King shall declare war after approval of the National Assembly.
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, 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 law.
Article 32
Every Khmer citizen shall have the right to life, personal freedom and
security.
Article 33
Khmer citizens shall not be deprived of their nationality, exiled or arrested
and deported go any foreign country unless there is a mutual agreement
on extradition.
Khmer citizens residing abroad enjoy the protection of the State.
Khmer nationality shall be determined by a 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 right 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 for the election.
Article 35
Khmer citizens of either sex shall be given the right to participated
actively in the political, economic, social and cultural life of the nation.
Any suggestions from 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 citizen 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 citizens 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 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.
Coercion, physical ill-treatment or any other mistreatment that imposes
additional punishment on a detainee or prisoner shall be prohibited. Persons
who commit, participate or conspire in such acts shall be punished according
to the law.
Confession obtained by physical mental force shall not be admissible as
evidence of guilt.
Khmer citizens of either sex shall respect public and legally acquired
private properties.
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 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 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 the
right to own land.
Legal private ownership shall be protected by the law.
The right to confiscate possessions from any person shall be exercised
only in the public interest as provided for under law and shall required
fair and just compensation in advance.
Article 45
All forms of discrimination against woman shall be abolished.
The exploitation of women in employment shall be prohibited 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 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 right to take care of and educate their children
to become good citizens.
Children shall have the right 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, 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
education opportunities, health and welfare.
Article 49
Every Khmer citizens 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
sovereign, liberal multi-party democracy.
Khmer citizens of either sex shall respect public and legally acquired
private properties.
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