Constitution of Cambodia – Summary
Background
The Cambodian Constituent Assembly was elected in 1993 to draft the constitution under the Paris Peace Accord. UN guidance and funding facilitated the transformation from civil war and autocracy to a Constitutional Monarchy.
Preamble
WE, THE PEOPLE OF CAMBODIA having known a grand civilization and endured sufferings and destructions over two decades, having awakened with resolute determination to strengthen national unity, preserve territory and sovereignty, and restore Cambodia as an “Island of Peace” based on multi-party liberal democracy guaranteeing human rights and rule of law.
Structure
The Constitution contains 16 chapters covering:
- SOVEREIGNTY
- THE KING
- RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
- POLICY
- ECONOMY
- EDUCATION, CULTURE, SOCIAL AFFAIRS
- THE NATIONAL ASSEMBLY
- THE SENATE
- THE ASSEMBLY AND THE SENATE
- THE ROYAL GOVERNMENT
- THE JUDICIARY
- THE CONSTITUTIONAL COUNCIL
- THE ADMINISTRATION
- THE NATIONAL CONGRESS
- EFFECTS, REVISIONS AND AMENDMENTS
- TRANSITIONAL PROVISIONS
CHAPTER I: SOVEREIGNTY
Article 1: Cambodia is a Kingdom with a King ruling according to the Constitution and liberal democratic principles. The Kingdom shall be independent, sovereign, peaceful, permanently neutral and non-aligned.
Article 2: Territorial integrity shall not be violated within borders defined by 1/100,000 scale maps from 1933-1953, internationally recognized 1963-1969.
Article 3: The Kingdom is indivisible.
Article 4: National motto: “Nation, Religion, King”
Article 5: Official language: Khmer
Article 6: Capital: Phnom Penh. National symbols defined in Annexes I-III.
CHAPTER II: THE KING
Article 7: The King shall reign but not govern. Head of State for life. Inviolable.
Article 8: Symbol of unity and eternity. Guarantor of independence, sovereignty, territorial integrity, and protector of citizens’ rights.
Article 9: Arbitrator ensuring faithful execution of public powers.
Article 10: Monarchy is appointed regime.
Articles 11-13 (amended 1999): Succession procedures when King cannot perform duties or dies. Royal Council of Throne selects new King within seven days.
Article 14: King must be Royal family member, 30+ years old, descended from King Ang Duong, Norodom, or Sisowath bloodlines.
Article 15: King’s wife has title Queen of Cambodia.
Article 16: Queen cannot engage in politics or assume governmental roles.
Article 17: “The King shall reign but not govern” cannot be amended.
Articles 18-30: Royal powers include appointing Prime Minister, communicating with Assembly, commanding armed forces, declaring war (with Assembly/Senate approval), signing laws, granting amnesty, and conferring honors.
CHAPTER III: RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
Article 31: Recognition of UN human rights standards. All citizens equal before law regardless of race, color, sex, language, religion, politics, birth, social status, or wealth.
Article 32: Right to life, freedom, security. No capital punishment.
Article 33: Citizens cannot be deprived of nationality or exiled. Nationality determined by law.
Article 34 (amended 1999): Voting rights at 18+. Candidacy for Assembly at 25+. Senate candidacy at 40+.
Articles 35-50: Comprehensive rights including political participation, employment, social security, trade unions, strike, demonstration, travel, expression, press, assembly, association, religious freedom, property ownership (land ownership restricted to Khmer citizens), and obligations including constitutional respect, national reconstruction, and homeland defense.
CHAPTER IV: POLICY
Article 51 (amended 1999): Liberal democracy and pluralism. People are masters through National Assembly, Senate, Royal Government, and Judiciary. Separation of powers.
Articles 52-55: Government protects independence, sovereignty, territorial integrity. Permanent neutrality and non-alignment. Peaceful coexistence. No foreign military bases except UN framework. Prohibition of nuclear, chemical, biological weapons.
CHAPTER V: ECONOMY
Articles 56-64: Market economy system. Tax collection, budget, monetary management by law. State property includes land, natural resources, infrastructure. Environmental protection. Citizens’ right to sell products. Economic development promotion. Consumer protection from illicit goods.
CHAPTER VI: EDUCATION, CULTURE, SOCIAL AFFAIRS
Articles 65-75: State protects education rights at all levels. Comprehensive standardized education system. Modern pedagogy including technology and foreign languages. Free primary/secondary education, minimum 9 years. Cultural preservation. Healthcare guarantee with free medical care for poor. Support for children, mothers, disabled, veterans. Social security for workers.
CHAPTER VII: THE NATIONAL ASSEMBLY
Articles 76-98: Minimum 120 members elected by free, universal, direct, secret ballot. 5-year terms. Deputies represent entire Khmer people. Parliamentary immunity. Legislative power including budget approval, treaties, war declaration. Motion procedures and government oversight.
CHAPTER VIII: THE SENATE (added 1999)
Articles 99-115: Legislative body with members not exceeding half of Assembly size. Some nominated by King, some elected by Assembly, others universally elected. 6-year terms. Similar immunity and procedures as Assembly. Reviews and recommends on Assembly-passed legislation.
CHAPTER IX: THE ASSEMBLY AND THE SENATE (added 1999)
Articles 116-117: Special provision for joint Congress sessions to resolve important national issues.
CHAPTER X: THE ROYAL GOVERNMENT
Articles 118-127: Council of Ministers led by Prime Minister with Deputy PMs, Ministers, State Secretaries. Formation requires Assembly confidence vote. Collective and individual responsibility. Weekly meetings. Organization determined by law.
CHAPTER XI: THE JUDICIARY
Articles 128-135: Independent judicial power. Supreme Court and lower courts. Trials conducted in citizens’ names. Only judges adjudicate. King guarantees judicial independence through Supreme Council of Magistracy. Judges cannot be dismissed except through disciplinary action.
CHAPTER XII: THE CONSTITUTIONAL COUNCIL
Articles 136-144 (amended 1999): Safeguards constitutional respect. Nine members with 9-year terms, 1/3 replaced every 3 years. Reviews constitutionality of laws before/after promulgation. Citizens can appeal through representatives. Decisions final.
CHAPTER XIII: THE ADMINISTRATION
Articles 145-146: Territory divided into provinces/municipalities, districts, communes/sangkat. Governance by organic law.
CHAPTER XIV: THE NATIONAL CONGRESS
Articles 147-149: Annual December meeting chaired by King. Citizens participate to discuss national interests and raise issues. Adopts recommendations for legislative/executive branches.
CHAPTER XV: EFFECTS, REVISIONS AND AMENDMENTS
Articles 150-153: Constitution is supreme law. Amendments require King, PM, or Assembly Chairman initiative with 1/4 Assembly support, passed by 2/3 majority. No amendments during emergencies or affecting liberal democracy/constitutional monarchy.
CHAPTER XVI: TRANSITIONAL PROVISIONS
Articles 154-158 (amended 1999): Implementation procedures including Constituent Assembly becoming National Assembly, King selection, initial government formation with co-Prime Ministers, first Senate term of 5 years with 61 members, and continuation of existing laws conforming to Constitution.
Adoption: Constitutional Assembly, Phnom Penh, September 21, 1993 Amendment: National Assembly, March 4, 1999
Office of the Council of Ministers
