@@ Line 1: / Line 1: @@
-CONSTITUTION
+'''CONSTITUTION
-OF THE KINGDOM OF CAMBODIA
+OF THE KINGDOM OF CAMBODIA'''
 (ANNOTATED)
@@ Line 12: / Line 12: @@
 N.B:THIS VERSION OF THE CAMBODIAN CONSTITUTION  IS TAKEN FROM THE TRANSLATION PROVIDED IN THE UNDP LEGAL DATA BASE.  THE ANNOTATIONS AND TRANSLATIONS OF THE 1999 AMENDMENTS ARE THE WORK OF THE USF CAMBODIA PROJECT - IT IS NOT AN OFFICIAL TRANSLATION AND IS INTENDED FOR TEACHING PURPOSES ONLY.  THE ANNOTATIONS ARE INCLUDED IN THE MAIN TEXT OF THE CONSTITUTION and are set out as follows:
 WHERE THE 1999 AMENDMENTS REMOVED WORDS FROM THE 1993 ORIGINAL THIS IS INDICATED BY THE removed WORD(S) BEING CROSSED OUT IN THIS ANNOTATED VERSION;
 WHERE THE 1999 AMENDMENTS ADDED WORDS TO THE ORIGINAL THESE ARE INDICATED BY THE ADDED WORD(S) BEING UNDERLINED IN THIS ANNOTATED VERSION;
 WHERE ARTICLES HAVE BEEN RENUMBERED THE PREVIOUS ARTICLE IS GIVEN IN BRACKETS.
- PREAMBLE
+PREAMBLE
 *****
@@ Line 34: / Line 34: @@
 We inscribe the following as the Constitution of the Kingdom of Cambodia:
-CHAPTER I
+== CHAPTER I ==
 SOVEREIGNTY
-Article 1:
+'''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.
@@ Line 44: / Line 46: @@
 The Kingdom of Cambodia shall be independent, sovereign, peaceful, permanently neutral and non-aligned country.
-Article 2:
+'''Article 2:'''
 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.
-Article 3:
+'''Article 3:'''
 The Kingdom of Cambodia is an indivisible state.
-Article 4:
+'''Article 4:'''
 The motto of the Kingdom of Cambodia is: "Nation, Religion, King".
-Article 5:
+'''Article 5:'''
 The official language and script are Khmer.
-Article 6:
+'''Article 6:'''
 Phnom Penh is the capital of the Kingdom of Cambodia.
@@ Line 66: / Line 68: @@
 The national flag, anthem and coat-of-arms shall be defined in Annexes I-II and III
-CHAPTER II
+== CHAPTER II ==
 THE KING
-Article 7 :
+'''Article 7 :'''
 The King of Cambodia shall reign but shall not govern.
@@ Line 76: / Line 79: @@
 The King shall be the Head of State for life. The King shall be inviolable.
-Article 8 :
+'''Article 8 :'''
 The King of Cambodia shall be a symbol of unity and eternity of the nation.
@@ Line 82: / Line 85: @@
 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 treaties.
-Article 9:
+'''Article 9:'''
 The King shall assume the august role of arbitrator to ensure the faithful execution of public powers.
-Article 10:
+'''Article 10:'''
 The Cambodian monarchy shall be an appointed regime.
-Article 11 (As amended March 1999):
+'''Article 11 (As amended March 1999):'''
 In the case that the King cannot perform his normal duties as Head of State owing to his serious illness as certified by doctors chosen by the President of the Senate, the President of the National Assembly and the Prime Minister, the President of the National Assembly Senate shall perform the duties of Head of state as "Regent"
@@ Line 106: / Line 109: @@
 D.    Second Vice-President of the Assembly
-Article 12 (As amended March 1999):
+'''Article 12 (As amended March 1999):'''
 In case of the death of the King, the President of the National Assembly Senate shall take over the responsibility as Acting Head of State in the capacity of Regent of the Kingdom of Cambodia.
@@ Line 112: / Line 115: @@
 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.
-Article 13 (As amended March 1999):
+'''Article 13 (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.
@@ Line 132: / Line 135: @@
 The organization and functioning of the Council of the Throne shall be determined by law.
-Article 14:
+'''Article 14:'''
 The King of Cambodia shall be a member of the Royal family, of at least 30 years old, descending from the blood line of King Ang Duong, King Norodom or King Sisowath.
@@ Line 138: / Line 141: @@
 Upon enthronement, the King shall take the oath of allegiance as stipulated in Annex IV.
-Article 15:
+'''Article 15:'''
 The wife of the reigning King shall have the royal title of Queen of Cambodia.
-Article 16:
+'''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.
@@ Line 148: / Line 151: @@
 The Queen of the Kingdom of Cambodia shall exercise activities that serve the social, humanitarian, religious interests, and shall assist the King with protocol and diplomatic functions.
-Article 17:
+'''Article 17:'''
 The provision as stated in the first clause of Article 7, "the King of Cambodia shall reign but shall not govern", absolutely shall not be amended.
-Article 18 (As amended March 1999):
+'''Article 18 (As amended March 1999):'''
 The King shall communicate with the Assembly by royal messages.
@@ Line 158: / Line 161: @@
 These royal messages shall not be subject to discussion by the Senate and the National Assembly.
-Article 19:
+'''Article 19:'''
 The King shall appoint the Prime Minister and the Council of Ministers according to the procedures stipulated in Article 100.
-Article 20:
+'''Article 20:'''
 The King shall grant an audience twice a month to the Prime Minister and the Council of Ministers to hear their reports on the State of the Nation.
-Article 21:
+'''Article 21:'''
 Upon Proposals by the Council of Ministers, the King shall sign decrees (Kret) appointing, transferring or ending the mission of high civil and military officials, ambassadors and Envoys Extraordinary and Plenipotentiary.
@@ Line 172: / Line 175: @@
 Upon proposals by the Supreme Council of Magistracy, the King shall sign decrees (Kret) appointing, transferring or removing judges.
-Article 22 (As amended March 1999):
+'''Article 22 (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 National Assembly and the President of the Senate.
-Article 23:
+'''Article 23:'''
 The King is the Supreme Commander of the Royal Khmer Armed Forces. The Commander-in-Chief of the Royal Khmer Armed Forces shall be appointed to command the Armed Forces.
-Article 24 (As amended March 1999):
+'''Article 24 (As amended March 1999):'''
 The King shall serve as Chairman of the Supreme Council of National defense to be established by law.
@@ Line 186: / Line 189: @@
 The King shall declare war after approval of the National Assembly and the Senate.
-Article 25:
+'''Article 25:'''
 The King shall receive letters of credentials from ambassador or envoys extraordinary and plenipotentiary of foreign countries accredited to the Kingdom of Cambodia.
-Article 26 (As amended March 1999):
+'''Article 26 (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.
-Article 27:
+'''Article 27:'''
 The King shall have the right to grant partial or complete amnesty.
-Article 28 (As amended March 1999):
+'''Article 28 (As amended March 1999):'''
 The King shall sign the law promulgating the Constitution; laws adopted by the National Assembly and laws completely reviewed by the Senate and shall sign the Royal decree presented by the Council of Ministers.
@@ Line 204: / Line 207: @@
 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 delegating writs.
-Article 29:
+'''Article 29:'''
 The King shall establish and confer national medals proposed by the Council of Ministers. The King shall confer civil and military ranks as determined by law.
-Article 30 (As amended March 1999):
+'''Article 30 (As amended March 1999):'''
 In the absence of the King, the President of the National Assembly Senate shall assume the duties of acting Head of State.
@@ Line 214: / Line 217: @@
 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.
-CHAPTER III
+== CHAPTER III ==
   THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
- Article 31:
+'''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.
@@ Line 224: / Line 229: @@
 Every Khmer citizens 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.
- Article 32:
+'''Article 32:'''
 Every Khmer citizen shall have the right to life, personal freedom, and security.
@@ Line 230: / Line 235: @@
 There shall be no capital punishment.
- Article 33:
+'''Article 33:'''
 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.
@@ Line 238: / Line 243: @@
 The Khmer nationality shall be determined by a law.
- Article 34 (As amended March 1999):
+'''Article 34 (As amended March 1999):'''
 Khmer citizens of either sex shall enjoy the right to vote and to stand as candidates for the election.
@@ Line 250: / Line 255: @@
 Provisions restricting the right to vote and the right to stand as candidates of the election shall be determined by law.
- Article 35:
+'''Article 35:'''
 Khmer citizens of either sex shall have the right to participate actively in the political, economic, social and cultural life of the nation.
@@ Line 256: / Line 261: @@
 Any suggestions from the people shall be given full consideration by the grant of the State.
- Article 36:
+'''Article 36:'''
 Khmer citizens of either sex shall enjoy the right to choose any employment according their ability and to the needs of the society.
@@ Line 270: / Line 275: @@
 The organization and conduct of trade unions shall be determined by law.
- Article 37:
+'''Article 37:'''
 The right to strike and to non-violent demonstration shall be implemented in the framework of a law.
- Article 38:
+'''Article 38:'''
 The law guarantees there shall be no physical abuse against any individual.
@@ Line 292: / Line 297: @@
 Every citizen shall enjoy the right to defense through judicial recourse.
- Article 39:
+'''Article 39:'''
 Khmer citizens shall have the right to denounce, make complaints or file claims against any breach of the law by state and social organs or by members of such organs committed during the course of their duties. The settlement of complaints and claims shall be the competence of the courts.
- Article 40:
+'''Article 40:'''
 Citizens' freedom to travel, far and near, and legal settlement shall be respected.
@@ Line 306: / Line 311: @@
 Any search of the house, material and body shall be in accordance with the law.
- Article 41:
+'''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 effect the good traditions of the society, to violate public law and order and national security.
@@ Line 312: / Line 317: @@
 The regime of the media shall be determined by law.
-Article 42:
+'''Article 42:'''
 Khmer Citizens shall have the right to establish associations and political parties. These rights shall be determined by law.
@@ Line 318: / Line 323: @@
 Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order.
-Article 43:
+'''Article 43:'''
 Khmer citizens of either sex shall have the right to freedom of belief.
@@ Line 325: / Line 330: @@
 Buddhism shall be the religion of the State.
-Article 44:
+'''Article 44:'''
 All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land.
@@ Line 336: / Line 340: @@
 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.
-Article 45:
+'''Article 45:'''
 All forms of discrimination against women shall be abolished.
@@ Line 346: / Line 350: @@
 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:
+'''Article 46:'''
 The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women shall be prohibited.
@@ Line 354: / Line 358: @@
 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:
+'''Article 47:'''
 Parents shall have the duty to take care of and educate their children to become good citizens.
@@ Line 360: / Line 364: @@
 Children shall have the duty to take good care of their elderly mother and father according to Khmer traditions.
-Article 48:
+'''Article 48:'''
 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.
@@ Line 366: / Line 370: @@
 The State shall protect children from acts that are injurious to their educational opportunities, health and welfare.
-Article 49:
+'''Article 49:'''
 Every Khmer citizen shall respect the Constitution and laws.
@@ Line 372: / Line 376: @@
 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:
+'''Article 50:'''
 Khmer citizens of either sex shall respect the principles of national sovereignty, liberal multi-party democracy.
@@ Line 380: / Line 384: @@
-CHAPTER IV
+==CHAPTER IV==
 ON POLICY
- Article 51 (As amended March 1999):
+'''Article 51 (As amended March 1999):'''
 The Kingdom of Cambodia adopts a policy of Liberal Democracy and Pluralism.
@@ Line 394: / Line 398: @@
 The legislative, executive, and judicial powers shall be separate.
- Article 52:
+'''Article 52:'''
 The Royal Government of Cambodia shall protect the independence, sovereignty, and 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.
-Article 53:
+'''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.
@@ Line 410: / Line 414: @@
 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.
-Article 54:
+'''Article 54:'''
 The manufacturing, use and storage of nuclear, chemical or biological weapons shall be absolutely prohibited.
-Article 55:
+'''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
+==CHAPTER V==
 ECONOMY

Difference between revisions of "Constitution of the Kingdom of Cambodia"

Revision as of 13:25, 28 June 2010

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