WE, THE PEOPLE OF CAMBODIA
Having known a grand
civilization of a prosperous, powerful, and glorious nation whose
prestige radiates like a diamond,
Having endured sufferings
and destructions and having experienced a tragic decline in the course
of the two decades,
awakened, stood up with a resolute determination to strengthen the
national unity, to preserve and defend Cambodia's territory and its
precious sovereignty and the prestige of Angkor civilization, and to
restore Cambodia into an "Island of Peace" based on a multi-party
liberal democratic regime guaranteeing human rights and the respect of
law, and responsible for the destiny of the nation always evolving
toward progress, development, prosperity, and glory,
WITH THIS RESOLUTE WILL
We inscribe the following as
the Constitution of the Kingdom of Cambodia:
Cambodia is a Kingdom with a King who shall rule
according to the
Constitution and to the principles of liberal democracy and pluralism.
The Kingdom of Cambodia shall be independent, sovereign, peaceful,
permanently neutral and non-aligned country.
The territorial integrity of the Kingdom of
Cambodia, shall absolutely
not to be violated within its borders as defined in the 1/100,000 scale
map made between the year 1933-1953 and internationally recognized
between the years 1963 - 1969.
The Kingdom of Cambodia is an indivisible state.
The motto of the Kingdom of Cambodia is: "Nation,
The official language and script is Khmer.
Phnom Penh is the capital of the Kingdom of
The national flag, anthem and coat-of-arms shall be defined in Annexes
I-II and III
II: THE KING
The King of Cambodia shall reign but shall not
The King shall be the Head of State for life. The King shall be
The King of Cambodia shall be a symbol of unity
and eternity of the
The 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
The King shall assume the august role of
arbitrator to ensure the
faithful execution of public powers.
The Cambodian monarchy shall
be an appointed regime.
11- New (As amended March 1999):
In the case that the King cannot perform His normal duties as
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"
In 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.
In the case as stated in the above paragraph, other dignitaries as
following hierarchy can perform Acting Head of State as Regent:
First Vice-President of the Senate
First Vice-President of the Assembly
Second Vice-President of the Senate
Second Vice-President of the Assembly
12- New (As
amended March 1999):
In 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.
In 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.
13- New (As amended March 1999):
Within a period of not more than seven days, the Royal Council of
Throne shall choose the new King of the Kingdom of Cambodia.
The Royal Council of the Throne shall consist of:
The President of the Senate
The President of the Assembly
The Prime Minister
The Chiefs of the Order Mohanikay and
The First and Second Vice-President of
The First and Second Vice-President of
The organization and
functioning of the Council of the Throne shall be determined by law.
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.
The wife of the reigning King shall have the royal title of Queen of
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.
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
18- New (As amended March 1999):
The King shall communicate with the Assembly by royal
These royal messages shall not be subject to discussion by the Senate
and the National Assembly.
The King shall appoint the Prime Minister and the Council of Ministers
according to the procedures stipulated in Article 100.
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
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
Upon proposals by the Supreme Council of Magistracy, the King shall
sign decrees (Kret) appointing, transferring or removing judges.
22- New (As amended March 1999):
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, the president of Assembly and the president of the
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 Armed Forces.
24- New (As amended March 1999):
The King shall serve as Chairman of the Supreme Council of
defense to be established by law.
The King shall declare war after approval of the Assembly and the
The King shall receive letters of credentials from ambassador or envoys
extraordinary and plenipotentiary of foreign countries accredited to
the Kingdom of Cambodia.
26- New (As amended March 1999):
The King shall sign and ratify international treaties and conventions
after a vote of approval by the National Assembly and the Senate.
The King shall have the right to grant partial or complete
28- New (As amended March 1999):
The King shall sign the law promulgating the Constitution;
by the National Assembly and laws completely reviewed by the Senate and
shall sign the Royal decree presented by the Council of Ministers.
In 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
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.
30- New (As amended March 1999):
In 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.
III: THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
The Kingdom of Cambodia shall recognize and respect human rights as
stipulated in the United Nations Charter, the Universal Declaration of
Human rights, the covenants and conventions related to human rights,
women's and children's rights.
Every Khmer citizen shall be equal before the law, enjoying the same
rights, freedom and fulfilling the same obligations regardless of race,
color, sex, language, religious belief, political tendency, birth
origin, social status, wealth or other status. The exercise of personal
rights and freedom by any individual shall not adversely affect the
rights and freedom of others. The exercise of such rights and freedom
shall be in accordance with the law.
Every Khmer citizen shall have the right to life, personal freedom, and
There shall be no capital punishment.
Khmer citizens shall not be deprived of their nationality, exiled or
arrested and deported to any foreign country unless there is a mutual
agreement on extradition.
Khmer citizens residing abroad enjoy the protection of the State.
The Khmer nationality shall be determined by a law.
34- New (As amended March 1999):
Khmer citizens of either sex shall enjoy the right to vote and to stand
as candidates for the election.
Khmer citizens of either sex at least eighteen years old have the right
Citizens of either sex at least twenty-five years old, have the right
to stand as candidates for the election.
Citizens of either sex at least forty years old, have the right to
stand as candidates for the election of senators.
Provisions restricting the right to vote and the right to stand as
candidates of the election shall be determined by law.
Khmer citizens of either sex shall have the right to participate
actively in the political, economic, social and cultural life of the
Any suggestions from the people shall be given full consideration by
the grant of the State.
Khmer citizens of either sex shall enjoy the right to choose any
employment according their ability and to the needs of the society.
Khmer citizens of either sex shall receive equal pay for equal work.
The work by housewives in the home shall have the same value as what
they can receive when working outside the home.
Every Khmer citizen shall have the right to obtain social security and
other social benefits as determined by law.
Khmer citizens of either sex shall have the right to form and to be
member of trade unions.
The organization and conduct of trade unions shall be determined by law.
The right to strike and to non-violent demonstration shall be
implemented in the framework of a law.
The law guarantees there shall be no physical abuse against any
The law shall protect life, honor, and dignity of the citizens.
The prosecution, arrest, or detention of any person shall not be done
except in accordance with the law.
Coercion, physical ill-treatment or any other mistreatment that imposes
additional punishment on a detainee or prisoner shall be prohibited.
Persons who commit, participate or conspire in such acts shall be
punished according to the law.
Confessions obtained by physical or mental force shall not be
admissible as evidence of guilt.
Any case of doubt, it shall be resolved in favor of the accused.
The accused shall be considered innocent until the court has judged
finally on the case.
Every citizen shall enjoy the right to defense through judicial
Khmer citizens shall have the right to denounce, make complaints or
file claims against any breach of the law by state and social organs or
by members of such organs committed during the course of their duties.
The settlement of complaints and claims shall be the competence of the
Citizens' freedom to travel, far and near and legal
settlement shall be
Khmer citizens shall have the right to travel and settle abroad and
return to the country.
The rights to privacy of residence, and to the secrecy of
correspondence by mail, telegram, fax, telex and telephone shall be
Any search of the house, material and body shall be in accordance with
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.
Khmer Citizens shall have the right to establish associations and
political parties. These rights shall be determined by law.
Khmer citizens may take part in mass organizations for mutual benefit
to protect national achievement and social order.
Khmer citizens of either sex shall have the right to freedom of belief.
Freedom of religious belief and worship shall be guaranteed by the
State on the condition that such freedom does not affect other
religious beliefs or violate public order and security.
Buddhism shall be the religion of the State.
All persons, individually or collectively, shall have the right to
ownership. Only Khmer legal entities and citizens of Khmer nationality
shall have the right to own land.
Legal private ownership shall be protected by law.
The right to confiscate properties from any person shall be exercised
only in the public interest as provided for under the law and shall
require fair and just compensation in advance.
All forms of discrimination against women shall be abolished.
The exploitation of women in employment shall be prohibited.
Men and women are equal in all fields especially with respect to
marriage and family matters.
Marriage shall be conducted according to conditions determined by law
based on the principle of mutual consent between one husband and one
The commerce of human beings, exploitation by prostitution and
obscenity which affect the reputation of women shall be prohibited.
A woman shall not lose her job because of pregnancy. Woman shall have
the right to take maternity leave with full pay and with no loss of
seniority or other social benefits.
The state and society shall provide opportunities to women, especially
to those living in rural areas without adequate social support, so they
can get employment, medical care, and send their children to school,
and to have decent living conditions.
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.
The State shall protect the rights of children as stipulated in the
Convention on Children, in particular, the right to life, education,
protection during wartime, and from economic or sexual exploitation.
The State shall protect children from acts that are injurious to their
educational opportunities, health and welfare.
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.
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
IV: ON POLICY
Article 51- New (As
amended March 1999):
The Kingdom of Cambodia adopts a policy of Liberal Democracy and
The Cambodian people are the masters of their own country.
All power belongs to the people. The people exercise these powers
through the National Assembly, The Senate, the Royal Government and the
The legislative, executive, and judicial powers shall be separate.
The Royal Government of Cambodia shall protect the independence,
sovereignty, territorial integrity of the Kingdom of Cambodia, adopt
the policy of national reconciliation to insure national unity, and
preserve the good national traditions of the country. The Royal
Government of Cambodia shall preserve and protect the law and ensure
public order and security. The State shall give priority to endeavors
which improve the welfare and standard of living of citizens.
The Kingdom of Cambodia adopts a policy of permanent
non-alignment. The Kingdom of Cambodia follows a policy of peaceful
co-existence with its neighbors and with all other countries throughout
The Kingdom of Cambodia shall not invade any country, nor interfere in
any other country's internal affairs, directly or indirectly, and shall
solve any problems peacefully with due respect for mutual interests.
The Kingdom of Cambodia shall not joint in any military alliance or
military pact which is incompatible with its policy of neutrality.
The Kingdom of Cambodia shall not permit any foreign military base on
its territory and shall not have its own military base abroad, except
within the framework of a United Nations request.
The Kingdom of Cambodia reserves the right to receive foreign
assistance in military equipment, armaments, ammunitions, in training
of its armed forces, and other assistance for self-defense and to
maintain public order and security within its territory.
The manufacturing, use and storage of nuclear, chemical or biological
weapons shall be absolutely prohibited.
Any treaty and agreement incompatible with the independence,
sovereignty, territorial integrity, neutrality and national unity of
the Kingdom of Cambodia shall be annulled.
The Kingdom of Cambodia shall adopt the market economy system.
The preparation and process of this economic system shall be determined
by the law.
Tax collection shall be in accordance with the law. The national budget
shall be determined by law.
Management of the monetary and financial system shall be defined by law.
State property notably comprises land, mineral resources,
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
The State shall protect the environment and balance of abundant natural
resources and establish a precise plan of management of land, water,
air, wind, geology, ecological system, mines, energy, petrol and gas,
rocks and sand, gems, forests and forestry products, wildlife, fish and
Khmer citizens shall have the right to sell their product.
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.
The State shall promote economic development in all sectors
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.
The State shall pay attention and help solve production
protect the price of products for farmers, crafters, and find
marketplace for them to sell their products.
The State shall respect market management in order to
better standard of living for the people.
The State shall ban and severely punish those who import,
sell illicit drugs, counterfeit and expired goods which affect the
health and life of the consumers.
VI: EDUCATION, CULTURE, SOCIAL AFFAIRS
The State shall protect and upgrade citizens' rights to quality
education at all levels and shall take necessary steps for quality
education to reach all citizens.
The State shall respect physical education and sports for the welfare
of all Khmer citizens.
The state shall establish a comprehensive and standardized educational
system throughout the country that shall guarantee the principles of
educational freedom and quality to ensure that all citizens have equal
opportunity to earn a living.
The State shall adopt an educational program according to the
of modern pedagogy including technology and foreign languages.
The State shall control public and private schools and classrooms at
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
The State shall preserve and promote national culture.
The State shall Protect and promote the Khmer language as required.
The State shall preserve ancient monuments and artifacts and restore
Any offense affecting cultural artistic heritage shall carry a severe
The perimeter of the national heritage sites as well as
has been classified as world heritage shall be considered neutral zones
where there shall be no military activity.
The health of the people shall be guaranteed. The State shall
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.
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.
The State shall assist the disabled and the families of
sacrificed their lives for the nation.
The State shall establish a social security system for
VII: THE NATIONAL ASSEMBLY
The National Assembly consists of at least 120 members.
The deputies shall be elected by a free, universal, equal, direct and
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.
The deputies in the National Assembly shall represent the entire Khmer
people, not only Khmers from their constituencies.
Any imperative mandate shall be nullified.
The legislative term of the National Assembly shall be 5 years and
terminates on the day when the new National Assembly convenes.
The National Assembly shall not be dissolved before the end of its term
except when the Royal government is twice deposed within a period of
twelve months. In this case, following a proposal from the Prime
Minister and the approval of the Chairman of the National Assembly, the
King shall dissolve the National Assembly.
The election of a new National Assembly shall be held no later than 60
days from the date of dissolution. During this period, the Royal
government shall only be empowered to conduct routine business.
In time of war or other special circumstances where an election cannot
be held, the National Assembly may extend its term for one year at a
time, upon the request of the King.
Such an extension shall require at least a two-third vote of the entire
The National Assembly mandate shall be incompatible with the holding of
any active public function and of any membership in other institutions
provided for in the Constitution, except when the assembly members (s)
is (are) required to serve in the Royal Government.
In this circumstance, the said assembly member (s) shall retain the
usual assembly membership but shall not hold any position in the
Permanent Standing Committee and in other assembly commissions.
The deputies shall enjoy parliamentary immunity.
No assembly member shall be prosecuted, detained or arrested because of
opinions expressed during the exercise of his (her) duties.
The accusation, arrest, or detention of an assembly member shall be
made only with the permission of the National Assembly or by the
Standing Committee of the National Assembly between sessions, except in
case of flagrant delicto. In that case, the competent authority shall
immediately report to the National Assembly or to the Standing
Committee for decision.
The decision made by the Standing Committee of the National Assembly
shall be submitted to the National Assembly at its next session for
approval by a 2/3 majority vote of the assembly members.
In any case, detention or prosecution of a deputy shall be suspended by
a 3/4 majority vote of the National Assembly members.
The National Assembly shall have an autonomous budget to conduct its
The deputies shall have received remuneration.
The National Assembly shall hold its first session no later than sixty
days after the election upon notice by the King.
Before taking office, the National Assembly shall decide on the
validity of each member's mandate and vote separately to choose a
Chairman, Vice-Chairmen and members of each Commission by a 2/3
All National Assembly members must take oath before taking office
according to the text contained in Annex 5.
The National Assembly shall hold its ordinary session twice a year.
Each session shall last at least three months. If there is a proposal
from the King or the Prime Minister or at least 1/3 of the National
Assembly members, the National Assembly Standing Committee shall call
an extraordinary session of the National Assembly.
In this case, the agenda with the conditions of the extraordinary
session shall be disseminated to the population as well as the date of
Between the National Assembly sessions, the National Assembly Standing
Committee shall manage the work of the National Assembly.
The Permanent Standing Committee of the National Assembly consists of
the Chairman of the National Assembly, the Vice-Chairmen, and the
Chairmen of National Assembly Commissions.
The National Assembly sessions shall be held in the Royal Capital of
Cambodia in the Assembly Hall, unless stipulated otherwise in the
summons, due to special circumstances.
Except where so stipulated and unless held at the place and date as
stipulated, any meeting of the National Assembly shall be considered as
illegal and void.
If the country is in a state of emergency, the National Assembly shall
meet every day continuously. The National Assembly has the right to
terminate this state of emergency whenever the situation permits.
If the National Assembly is not able to meet because of circumstances
such as the occupation by foreign forces the declaration of the state
of emergency must be automatically extended.
During the state of emergency, the National Assembly shall not be
The Chairman of the National Assembly shall chair the assembly session;
receive draft bills and resolutions adopted by the National Assembly,
ensure the implementation of the Internal Rules of Procedure and manage
the assembly relations with foreign countries.
If the Chairman is unable to perform his/her duties due to illness or
to fulfill the function of Head of State as interim or as a Regent, or
is on a mission abroad, a Vice-Chairman shall replace him.
In case of resignation or death of the Chairman or the Vice-Chairman
(men), the National Assembly shall elect a new Chairman or
The National Assembly sessions shall be held in public.
The National Assembly shall meet in closed session at the request of
the Chairman or of at least 1/10 of its members, of the King or of the
The National Assembly meeting shall be considered as valid provided
there is a quorum of 7/10 of all members.
Upon the request by at least 1/10 of its members the National Assembly
shall invite a high ranking official to clarify important special
90- New (As amended March 1999):
The National Assembly is the only an organ which has
and performs its duties as provided for in the constitution and laws.
This power shall not be transferable to any other organ or individual.
The National Assembly shall approve the national budget, State
planning, loans, financial contracts, and the creation, modification
and annulment of tax.
The National Assembly shall approve administration accounts.
The National Assembly shall adopt the law on the general amnesty.
The National Assembly shall adopt or repeal treaties and International
The National Assembly shall adopt the law on proclamation of war.
The adoption of the above clauses shall be done by the absolute
majority of all members of the entire National Assembly membership.
The National Assembly shall pass a vote of confidence in the Royal
Government by a two-third majority of all members of the entire
National Assembly membership.
91- New (As amended March 1999):
The members of the Senate, the members of the National Assembly and the
Prime Minister have the right to initiate legislation.
Deputies have the right to propose amendments to the laws but these
proposals cannot be accepted if they aim at reducing public income or
increasing the burden on the people.
Laws adopted by the National Assembly which run counter to the
principles of preserving national independence, sovereignty,
territorial integrity, and affect the political unity or the
administration of the nation shall be annulled. The Constitutional
Council is the only organ which shall decide upon this annulment.
93- New (As amended March 1999):
Any law approved by the assembly and finally reviewed by the
signed by the King for its promulgation shall go into effect in Phnom
Penh ten days after its signing and throughout the country twenty days
after its signing.
Laws that are stipulated as urgent shall take effect immediately
throughout the country after promulgation.
Laws that are signed by the King for its promulgation shall be
published in the official journal and announced it to the public
throughout the country.
The National Assembly shall establish various necessary commissions.
The organization and functioning of the National Assembly shall be
determined by the Internal Rules of Procedure of the National Assembly.
In case of death, resignation, or dismissal of an assembly
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.
The deputies have the right to put a motion against the Royal
Government. The motion shall be submitted in writing through the
Chairman of the National Assembly.
The replies shall be given by one or several ministers depending on the
matters related to the accountability of one or several ministers. If
the case concerns the overall policy of the Royal Government, the Prime
Minister shall reply in person.
The explanations by the ministers or by the Prime Minister shall be
given verbally or in writing.
The explanations shall be provided within 7 days after the day when the
question is received.
In case of verbal reply, the Chairman of the National Assembly shall
decide whether to hold an open debate or not. If there is no debate,
the answer of the minister or the Prime Minister shall be considered
final. If there is a debate, the questioner, other speakers, the
ministers, or the Prime Minister may exchange views within the
time-frame not exceeding one session.
The National Assembly shall establish one day each week for questions
and answers. There shall be no vote during any session reserved for
The National Assembly commissions may invite any minister to clarify
certain issues under his/her field of responsibility.
The National Assembly shall dismiss a member or members of the Royal
Government or the whole Cabinet by the adoption of a motion of censure
by 2/3 majority of the entire National Assembly.
The motion of censure shall be proposed to the National Assembly by at
least 30 assembly members in order for the entire National Assembly to
VIII: THE SENATE
Article 99- New (As
amended March 1999):
The Senate is a body that has legislative power and performs its duties
as determined in the constitution and law.
The Senate consists of members the number of which does not exceed half
of all of the members of the Assembly.
Some Senators shall be nominated and some shall be elected universally.
A Senator can be re-nominated and reelected.
100- New (As amended March 1999):
The king shall nominate two Senators.
The Assembly shall elect two Senators by majority Vote.
Others shall be universally elected.
101- New (As amended March 1999):
The organization and operating procedures concerning the nomination and
election of the Senators and the determination of the electors,
election organization and electoral constituencies shall be determined
102- New (As amended March 1999):
The term for Senators is six years and this term shall expire upon
replacement by new Senators.
When the election of the Senator cannot be conducted due to war and
special circumstances, the Senate can continue its term year by year
upon the proposal of the King.
The declaration of continuity of its term shall be decided by at least
a two-third majority of all members of the senate.
In the circumstance described above the Senate shall assemble everyday.
The Senate has the right to terminate the above situation with good
If the Senate cannot assemble due to the invasion of foreign troops the
proclamation of the state of emergency shall be continuously in effect
103- New (As amended March 1999):
The mandate of senators shall be incompatible with the holding of any
active public function, with the functions of members of the National
Assembly, and of any membership in other institutions provided for in
104- New (As amended March 1999):
The Senator shall enjoy parliamentary immunity.
No Senator shall be prosecuted, detained or arrested because of
opinions expressed during the exercise of his or her duties.
The accusation, arrest, or detention of a senator shall be made only
with the permission of the Senate or by the Standing Committee of the
Senate between sessions, except in the case of flagrant delicto. In
that case the competent authority shall immediately report to the
senate or to the Standing Committee for decision.
The decision made by the Standing Committee of the Senate shall be
submitted to the Senate at its session for approval by a two-thirds
majority vote of all senators. In any case, detention or prosecution of
a Senator shall be suspended by a three-quarters majority vote of all
105- New (As amended March 1999):
The Senate shall have an autonomous budget to conduct its functions.
Senators shall receive remuneration.
106- New (As amended March 1999):
The Senate shall hold its first session no later than sixty days after
the election upon notice by the King.
Before taking office, the Senate shall decide on the validity of each
member's mandate and vote separately to choose a president, Vice
president and its members of each commission by a two- third majority
All Senators must take the oath before taking office according to the
text contained in annex 7.
107- New (As amended March 1999):
The Senate shall hold its ordinary sessions twice a year. Each session
shall last at least three months. If there is a proposal from the king
or the prime Minister, or at least one-third of the senate, the Senate
standing Committee shall call an extraordinary session of the Senate.
108- New (As amended March 1999):
Between the senate sessions, the Senate Standing Committee shall mange
the work of the Senate.
The permanent Standing Committee of the Senate consists of the
President of the Senate and the Vice- presidents and the Presidents of
the senate commissions.
109- New (As amended March 1999):
The Senate sessions shall be held in the Royal capital of Cambodia in
the Senate Hall, unless stipulated otherwise in the summons, owing to
Except where so stipulated and unless held at the place and date as
stipulated any meeting of the Senate shall be considered as illegal and
110- New (As amended March 1999):
The president of the Senate shall chair the Senate sessions, receive
draft bill and resolutions adopted by the senate, ensure the
implementation of the internal rules of procedure and manage the
senate's relations with foreign countries.
If the President is unable to perform his duties owing to illness or to
fulfill the functions of Head of State as interim or as Regent, or is
on a mission abroad, a Vice President shall replace him.
In case of resignation or death of the president or Vice Presidents,
the Assembly shall elect a new President or Vice Presidents.
111- New (As amended March 1999):
The Senate sessions shall be held in public.
The Senate shall meet in closed session at the request of the President
or of at least one-tenths of its members, of the King or of the Prime
Minister or the President of Assembly.
The Senate meeting shall be considered as valid provided there is a
quorum of seven-tenths of all members.
The numbers of votes which are required for the Assembly approval as
provided for in the constitution shall be applied to the Senate as well.
112- New (As amended March 1999):
The Senate has the duties to coordinate the work between the Assembly
and the Government.
113- New (As amended March 1999):
The senate shall examine and give a recommendation to a draft or
proposed law that was firstly adopted by the Assembly and other matters
that the Assembly submitted within no more than one month. If it is an
emergency case that duration shall be reduced to seven days.
If the Senate approves, or disapproves but not within the time limit
stipulated above, the law adopted by the Assembly shall be promulgated.
If the Senate calls for the modification of the draft and the proposed
law the Assembly shall take that draft and that proposed law into
account a second time immediately. The Assembly shall examine and
decide whether to eliminate all or some of the provisions or any terms
that the Senate calls for so doing.
The exchange of the draft or the proposed law between the Senate and
the Assembly shall be done only within one month. This duration shall
be reduced to ten days if it is the case of national budget or finance
and the duration shall be reduced to only two days if it is an urgent
If the Assembly withholds for longer than the time stipulated or delays
while inspecting the law the principle duration for the Assembly and
the Senate shall be extended so that the time duration for both are
If the Senate rejects the draft or the proposed law this draft or
proposed law cannot be reviewed a second time by the Assembly before
one-month duration. This duration shall be reduced to fifteen days in
the case of the national budget and finance cases and to four days if
it is an urgent case.
In the examination of the draft and the proposed law a second time the
Assembly shall adopt same by open vote with an absolute majority.
The draft or the proposed laws adopted by the above method shall then
be sent for promulgation.
114- New (As amended March 1999):
The Senate shall establish necessary commissions. The organizing and
the functioning of the Senate shall be provided for in the Internal
Rules of the Senate. These internal rules shall be approved by a
two-third majority vote of all senators.
115- New (As amended March 1999):
In the case of a senator dying, resigning, or breaching the rules of
membership of the senate, within at least six months before expiration
of the term, the vacancy shall be filled by a person appointed or
elected according to the procedures stipulated in the internal rules of
the Senate and the law on the election and nomination of senators.
IX: THE ASSEMBLY AND THE SENATE
Article 116- New (As
amended March 1999):
In the special case, the Assembly and the Senate can assemble as the
congress to resolve the important issues of the nation.
117- New (As amended March 1999):
The national issues mentioned above in new article 116 and the
organizing and functioning of the congress shall be determined by Law.
X: THE ROYAL GOVERNMENT
Article 118- New
(Previously Article 99):
The Council of Ministers is the Royal Government of Cambodia.
The Council of Ministers shall be led by one Prime Minister assisted by
Deputy Prime Ministers, and by State Ministers, Ministers, and State
Secretaries as members.
119- New (Previously Article 100):
At the recommendation of the Chairman and with the agreement of both
the Vice-Chairmen of the National Assembly, the King shall designate a
dignitary from among the representatives of the winning party to form
the Royal Government. This designated representative along with other
members chosen from the political parties or represented in the
National Assembly, then present themselves to the National Assembly to
ask for a vote of confidence.
After the National Assembly has given its vote of confidence, the King
shall issue a Royal Decree (Kret) appointing the entire Council of
Before taking office, the Council of Ministers shall take an oath as
stipulated in Annex 6.
120- New (Previously Article 101):
The functions of members of the Royal Government shall be incompatible
with professional activities in trade or industry and with the holding
of any position in the public service.
121- New (Previously Article 102):cralaw
Members of the Royal
Government shall be collectively responsible to
the National Assembly for the overall policy of the Royal Government.
Each member of the Royal Government shall be individually responsible
to the Prime Minister and the National Assembly for his/her own conduct.
122- New (Previously Article 103):
Members of the Royal Government shall not use the orders, written or
verbal, of anyone as grounds to exonerate themselves from their
123- New (Previously Article 104):
The Council of Ministers shall meet every week in plenary session or in
a working session.
The Prime Minister shall chair the plenary sessions.
The Prime Minister may assign a Deputy Prime Minister to preside over
the working sessions.
Minutes of the Council of Minister's meetings shall be forwarded to the
King for His information.
124- New (Previously Article 105):
The Prime Minister shall have the right to delegate his power to a
Deputy Prime Minister or to any member of the Royal Government.
125- New (Previously Article 106):
If the post of Prime Minister is permanently vacant, a new Council of
Ministers shall be appointed under the procedure stipulated in this
Constitution. If the vacancy is temporary, an acting Prime Minister
shall be provisionally appointed.
126- New (Previously Article 107):
Each member of the Royal Government shall be punished for any crimes or
misdemeanors that he/she has committed in the course of his/her duty.
In such cases and when he/she has committed serious offenses in the
course of his/her duty, the Assembly shall decide to file charges
against him/her with the competent court.
The assembly shall decide on such matters through a secret vote by a
simple majority thereof.
127- New (Previously Article 108):
The organization and functioning of the Council of Ministers shall be
determined by law.
XI: THE JUDICIARY
Article 128- New
(Previously Article 109):
The Judicial power shall be an independent power
The Judiciary shall guarantee and uphold impartiality and protect the
rights and freedoms of the citizens.
The Judiciary shall cover all lawsuits including administrative ones.
The authority of the Judiciary shall be granted to the Supreme Court
and to the lower courts of all sectors and levels.
129- New (Previously Article 110):
Trials shall be conducted in the name of Khmer citizens in accordance
with the legal procedures and laws in force.
Only judges shall have the right to adjudicate. A judge shall fulfill
this duty with strict respect for the laws, wholeheartedly, and
130- New (Previously Article 111):
Judicial power shall not be granted to the legislative or executive
131- New (Previously Article 112):
Only the Department of Public Prosecution shall have the right to file
132- New (Previously Article 113):
The King shall be the guarantor of the independence of the Judiciary.
The Supreme Council of the Magistracy shall assist the King in this
133- New (Previously Article 114):
Judges shall not be dismissed. The Supreme Council of the Magistracy
shall take disciplinary actions against any delinquent judges.
134- New (Previously Article 115):
The Supreme Council of the
Magistracy shall be chaired by the King. The
King may appoint a representative to chair the Supreme Council of the
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
The Supreme Council of the Magistracy shall make proposals to the King
on the appointment of judges and prosecutors to all courts.
The Supreme Council of Magistracy shall meet under the chairmanship of
the President of the Supreme Court or the General Prosecutor of the
Supreme Court to decide on disciplinary actions against judges or
135- New (Previously Article 116):
The statutes of judges and prosecutors and the functioning of the
judiciary shall be defined in separate laws.
XII: THE CONSTITUTIONAL COUNCIL
Article 136- New
(previously Article 117 and as amended March 1999):
The Constitutional Council shall have the duty to safeguard respect of
the constitution, interpret the Constitution and laws adopted by the
National Assembly and reviewed completely by the Senate.
The Constitutional Council shall have the right to receive and decide
on disputes concerning the election of deputies and the election of
members of Senate.
137- New (Previously Article 118):
The Constitutional Council shall consist of nine members with a
nine-year mandate. 1/3 of the members of the Council shall be replaced
every three years. 3 members shall be appointed by the King, 3 members
by the National Assembly and 3 others by the Supreme Council of the
The Chairman shall be elected by the members of the Constitutional
Council. He/she shall have a deciding vote in cases of equal vote.
138- New (Previously Article 119):
Members of the Constitutional Council member shall be selected among
the dignitaries with a higher-education degree in law, administration,
diplomacy or economics and who have considerable work experience.
139- New (previously Article 120 and
as amended March 1999):
The function of member of the Constitutional Council shall be
incompatible with the functions of members of Senate, deputies, members
of the royal government, sitting Judges, any function in public
service, President or Vice-president of a political party or President
or Vice-president of a union.
140- New (previously Article 121 and
as amended March 1999):
The King, The Prime Minister,
The President of the National Assembly,
1/10 of the members of National Assembly, The President of the Senate,
or 1/4 of the members of Senate may send draft laws adopted by National
Assembly to the Constitutional Council for review before promulgation.
Internal rules of the National Assembly, Internal rules of the Senate
and other organizational laws shall be sent to the Constitutional
Council for review before their promulgation. The constitutional
council shall decide within thirty days (30) at the latest whether the
above laws and internal rules of the National Assembly or the Senate
141- New (previously Article 122 and
as amended March 1999):
After promulgation of any law, the King, the President of the Senate,
the President of the National Assembly, the Prime Minister, ¼ of
members of Senate, 1/10 of members of National Assembly or the Courts
may request the Constitutional Council to review the constitutionality
of that law.
Khmer Citizens shall have the right to appeal against the
constitutionality of any law through their representative or President
of National Assembly or member of the Senate or President of the Senate
as mentioned in the above articles.
142- New (Previously Article 123):
Provisions in any article ruled by the Constitutional Council as
unconstitutional shall not be promulgated or implemented.
The decision of the Constitutional Council is final.
143- New (Previously Article 124):
The King shall consult with the Constitutional Council on all proposals
to amend the Constitution.
144- New (Previously Article 125):
An organic law shall specify the organization and operation of the
XIII: THE ADMINISTRATION
Article 145- New
(Previously Article 126):
The territory of the Kingdom of Cambodia shall be divided into
provinces and municipalities.
Provinces shall be divided into districts (srok) and districts into
Municipalities shall be divided into Khan and Khan into Sangkat.
146- New (Previously Article 127):
Provinces, municipalities, districts, khan, khum and sangkat shall be
governed in accordance with organic law.
XIV: THE NATIONAL CONGRESS
Article 147- New
(Previously Article 128):
The National Congress shall enable the people to be directly informed
on various matters of national interests and to raise issues and
requests for the State authority to solve.
Khmer citizens of both sexes shall have the right to participate in the
148- New (Previously Article 129):
The National Congress shall meet once a year in early December at the
convocation of the Prime Minister.
It shall proceed under the chairmanship of the King.
149- New (Previously Article 130):
The National Congress adopts recommendations the Senate the National
Assembly and to the Executive branch for reflection.
The organization and operation of the National Congress should be
determined by law.
XV: EFFECTS, REVISIONS AND AMENDMENTS OF THE CONSTITUTION
Article 150- New
(Previously Article 131):
This Constitution shall be the Supreme law of the Kingdom of Cambodia.
Laws and decisions by the State institutions shall have to be in strict
conformity with the Constitution.
151- New (Previously Article 132):
The initiative to review or to amend the Constitution shall be the
prerogative of the King, the Prime Minister, the Chairman of the
National Assembly at the suggestion of 1/4 of all the assembly members.
Revision or amendments shall be enacted by a Constitutional law passed
by the National Assembly with a 2/3 majority vote.
152- New (Previously Article 133):
Revisions or amendments shall be prohibited when the country is in a
state of emergency, as outlined in Article 86.
153- New (Previously Article 134):
Revision or amendment affecting the system of liberal and pluralistic
democracy and the regime of Constitutional Monarchy shall be prohibited.
XVI: TRANSITIONAL PROVISIONS
Article 154- New
(Previously Article 135):
This Constitution, after its adoption, shall be declared in full force
immediately by the King of Cambodia.
155- New (Previously Article 136):
After the entry into force of this Constitution, the
Assembly shall become the National Assembly.
The Internal Rules of Procedure of the National Assembly shall come
into force after adoption by the National Assembly.
In the case where the National Assembly is not yet functional, the
Chairman, the First and Second Vice-Chairmen of the Constituent
Assembly shall participate in the discharge of duties in the Council of
the Throne if so required by the situation in the country.
156- New (Previously Article 137 and
as amended March 1999):
After this Constitution takes effect, the King shall be selected in
accordance with conditions stipulated in articles 13(New) and 14.
157- New (Previously Article 138 and
as amended March 1999):
After this constitution takes effect, and during the first legislature,
the King of the Kingdom of Cambodia shall appoint a First
Prime-Minister and a Second Prime Minister to form the Royal Government
after securing the consent of the President and the two Vice Presidents
of the Assembly.
The Co-Presidents existing before the adoption of this Constitution
shall participate as members of the Committee and in the Throne Council
as stipulated in article s 11 and 13 above.
The first term of the Senate shall be 5 years and shall be ended after
the new Senate taking over the office.
For the first term of the Senate:cralaw
The total member of members shall be sixty-one.
The King shall appoint two members including the President the first
Vice President the second Vice-President of the Senate.
Other members of the Senate shall be nominated by the king upon
proposal by the president of Senate and President of National Assembly
from among members of political parties which have seats in the
The joint meeting between the National Assembly and the Senate shall be
conducted by both presidents of these institutions.
158- New (Previously Article 139):
Laws and standard documents in Cambodia that safeguard State
properties, rights, freedom and legal private properties and in
conformity with the national interests, shall continue to be effective
until altered or abrogated by new texts, except those provisions that
are contrary to the spirit of this Constitution.
This Constitution was
adopted by the Constitutional Assembly in Phnom Penh on 21 September
1993 at its 2nd plenary session.
Phnom Penh, 21 September, 1993.
Signed: SON SAN
This Constitutional law was
adopted by the National Assembly of the Kingdom of Cambodia on the 4th
March, 1999 in its 2nd plenary meeting.
Phnom Penh, 6 March 1999
National Assembly President