The Preamble of Constitution of Cambodia

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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 1


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 1,
    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 t he 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

    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 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 t he 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.

    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 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 separated

    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 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 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 problem 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 United Nations request.
    • The Kingdom of Cambodia reserves the right to receive foreign
      assistance in military equipment, armaments, ammunition, in training of its
      armed forces, and other assistance for self-defense and to maintain public
      order and security within its territory.

    Article 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 by law. The national budget shall be determined by law
    • The management of the monetary and financial system 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, ecologic system, mines, energy, petrol, and gas, rocks and
      sand, gems, forests and forestrial products, wildlife, fish and aquatic
      resources.

    Article 60-

    • Khmer citizens shall have the right to sell l their own products. The
      obligation to sell products to the State, or the temporary use of State or
      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

    Chapter VI


    Education, Culture, Social Affairs


    Article 64-

    • The State shall ban and severely punishes those who import,
      manufacture, sell illicit drugs, counterfeit and expired goods which affect
      health and life of the consumers.

    Article 65-


    • 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

    Article 66-


    • The State shall establish a comprehensive and standardized
      education 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 and 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 primary and secondary education to all
      citizens in public schools
    • The State shall disseminate and develop the Pali schools and the
      Buddhist Institutes

    Article 69-


    • 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 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 nationalities at birth
    • Preparation for the election, procedure and electoral process shall be
      determined by an Electoral Law.

    Article 77-

    • The deputies of 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 Assembly 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 t
      he 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 an election cannot be
      held, the 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
      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 members 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 have parliamentary.
    • No assembly member shall be prosecuted, detained or arrested because
      of opinions expressed during the exercise of his or her duties.
    • The decision made by the Standing Committee of the 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 the autonomous budget to conduct its
      function.
    • The deputies shall receive a remuneration.

    Article 82-


    • The assembly shall hold its first session no later 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 5.

    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, 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 beet
      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 aborad, 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 individual

    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 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
      simply 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, administration of the nation
      shall be annulled. The Constitutional Council is the only organ which shall
      decide 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 t
      he assembly.
    • The replies shall be given by one or several ministers depending on the
      matters to the accountability of one or several ministers. If the case concerns
      the overall policy of the Royal Government, the Prime Minister shall reply in
      person.
    • The explanations by the ministers or by the Prime Minister shall be given
      verbally or in witting.
    • The explanations shall be provided within 7 days after the day when the
      question is received.
    • In case of verbal reply, the President of t he 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 assembly shall establish one day each week for questions and
      answers. There shall be no vote during any sessions reserved for this purpose.

    Article 97-


    • The assembly commissions may invite any minister to clarify certain
      issue 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 Assembly or members of the political parties represented in the
      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 an Annex 6.

    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.

    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 Minster 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 form their
      responsibility

    Article 104-


    • The Council of Minister shall meet every week inn 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' meeting 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 his/her duty, the Assembly shall decide to file
      charges against him/her with competent.

    • The Assembly shall decide on such matters though 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 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 the judges or
      prosecutors.

    Article 116-


    • The statuses 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 of 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 Constitutional Council shall decide within no more than thirty days
      whether the laws and the Internal Rules of Procedure are constitutional.

    Article 122-


    • After the 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 the laws as through their representatives or the President of the
      Assembly as stipulated in the above paragraph.

    Article 123-


    • Provisions i any article ruled by the 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) and district into commune
      (khum).
    • Municipalities shall be divided into 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 enacted by a Constitutional 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.

    CHAPTER XIV


    Transitional Provision

    Article 134-


    • Revision or amendment affecting the system of liberal and
      pluralistic democracy and the regime of Constitutional Monarchy shall
      prohibited.

    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 participated
      in the discharge of t 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 Article 13

      and 14.

    Article 138-


    • After this Constitution take effects, and during the first legislature,
      the King of the Kingdom of Cambodia shall appoint a First Prime Minister and a
      Second Prime Minister to forma Royal Government after securing the consent of
      the President and the two Vice-Presidents of the assembly.
    • The Co-President 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 next 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 second plenary session.