NATIONAL ASSEMIVIBLY

No. NS/RKM/0399/01

PREAH REACH KRAM

We

Preahbath Samdech Preah Norodom Sihanouk Reach Harivong Uphatosucheat Visothipong Akamohaborasratanak Nikarodom Thammikmohareacheathireach Boromaneat Boromabopit 
Preah Chau Krong Kampuchea Thipdey

 

  • Referring to the 1993 Constitution of the Kingdom of Cambodia;

  • Referring to the Extraordinary Session of the National Assembly on March 2, 3, 4 1999;

  • Pursuant to the proposals of the President of the National Assembly on March 6, 1999.


Hereby Promulgate

Article 1:   The Amendments of Articles 11, 12,13,18, 22, 24, 26, 28, 30, 34, 51, 78, 90, 91 and 93 and Articles of Chapters VIII to XIV of the Constitutional Law as ratified by the National Assembly on March 4 1999. 

Article 2:   This Reach Kram shall enter into force on the date of its signature. 

Phnom Penh, March 8, 1999
Royal Signature

 

Norodom Sihanouk 

CONSTITUTIONAL LAW

ON THE AMENDMENT OF ARTICLES 11, 12,13,18, 22, 24, 26, 28, 30, 34, 51, 78, 90, 91 AND 93

AND ARTICLES OF CHAPTERS VIII TO XIV OF THE CONSTITUTION.
 

The sole article: The articles 11, 12, 13, 18, 22, 24, 26, 28, 30, 34, 51, 90, 91 and 93 and the articles of the Chapters VIII to XIV shall be amended as follows: 

Article 11: (New)   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 Senate, the President of the National Assembly, and the Prime Minister, the President of the Senate shall perform the duties of Head of State as a "Regent.". 

            If the President of the Senate cannot perform duties as acting Head of State, during the King's serious illness, as stated in the above paragraph, the President of the National Assembly shall perform this duty. 

           The position of Acting Head of State in place of the King in title as "Regent", may be filled by other dignitaries, in the event stated in the above paragraph, following the hierarchy listed below..

  1. First Vice President of the Senate.

  2. First Vice President of the National Assembly.

  3. Second Vice President of the Senate.

  4. Second Vice President of the National Assembly.,

Article 12: (New)   In the event of the King's death, the President of the Senate shall assume the the responsibility as Acting Head of State in his capacity as Regent of the Kingdom of Cambodia. 

          If the President of the Senate cannot perform his duties as Acting Head of State in place of the King after the King's death, the taking over of responsibility as Acting Head of State in title as "Regent", shall be in compliance with the Paragraphs 2 and 3 of the amended Article 11. 

Article 13: (New)   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.

         Khmer citizens of either sex and at least 25 years of age, have the right to stand as candidates for the election as members of the National Assembly. 

         Khmer citizens of either sex and at least 40 years of age, have the right to stand as candidates for the election as members of the Senate. 

Provisions restricting the right to vote and to stand for election shall be defined in the Electoral Law. 

Article 51: (New)   The Kingdom of Cambodia adopts a policy of liberal democracy and pluralism. 

  The Cambodian people are the masters of their own country. 

All powers belong to the people. The people exercises these powers through the National Assembly, the Senate, the Royal Government, and the Judiciary. 

The Legislative, Executive, and the Judicial powers shall be separate. 

Article 90: (New)    The National Assembly shall be the organ that holds legislative power, and shall fulfill its function as stipulated in the Constitution and laws in force. 

       The National Assembly shall approve the national budget, the State Planning, State borrowings, State the Lending, financial commitments, and the creation, amendment, or annulment of taxes. 

The National Assembly shall approve Administrative Accounts. 

The National Assembly shall approve the law on amnesty. 

      The National Assembly shall approve or annul treaties or international conventions. 

      The National Assembly shall approve laws on the declaration of war. The adoption of the above mentioned clauses shall be decided by a simple majority of all assembly members. 

      The National Assembly shall pass a vote of confidence in the Royal Government by a 2/3 majority of all assembly members. 

Article 91: (New)   The Senate members, deputies, and the Prime Minister shall have the right to initiate legislation. 

The deputies shall have the right to propose amendment to the law (s), but, the proposal's shall not be considered if they aim at reducing public income or increasing the burden on the people. 

Article 93: (New)    Any law approved by the Senate and the National Assembly and promulgated by the King, shall enter into effect 10 days after its signing in Phnom Penh and 20 days after its signing nationwide. However, laws that are declared as urgent shall take effect immediately throughout the country after the date of 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. 

CHAPTER VIII

The Senate 

Article 99: (New)   The Senate is a body that has legislative power and perform its duties as determined in the constitution and the law. 

The Senate shall consist of members the number of which shall not exceed half of all of the members of the National Assembly. 

Some senators shall be nominated and some shall be elected universally. 

A senator can be re-nominated and reelected. 

Article 100: (New) The King shall nominate two senators. 

The National Assembly shall elect two senators by majority vote. 

Others shall be universally elected. 

Article 101: (New)   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 by law. 

Article 102: (New)  The term for senators shall be for 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 shall continue its term year by year upon the proposal of the King. 

The declaration for the term extension shall be decided by at least a two-third majority of all the members of the Senate. 

In the circumstances described above, the Senate shall assemble everyday. The Senate shall the right to declare the above situation terminated with good reasons. 

If the Senate can not assemble due to the invasion of foreign troops the proclamation of the state of emergency shall be continuously in effect automatically. 

Article 103: (New)   The mandate of senators shall be incompatible with the holding of any active public function, with the function of members of the National Assembly, and with any membership in other institutions provided for in the Constitution. 

Article 104: (New)  The Senate shall enjoy parliamentary immunity., 

No Senate member shall be subject to any prosecution, detention, or arrest because of opinions expressed during the exercise of his/her function. Any accusation, arrest, or detention of any member of the Senate may be made only with the permission of the Senate or the Senate, Standing Committee during the Senate sessions, except in the case of flagrant deli to. In this latter case, the competent authority shall immediately report to the Senate or to the Senate) Standing Committee for decision. 

The decision made by the Senate Standing Committee shall be submitted to the Senate at its next session for approval by a 2/3 majority vote of the whole Senate members. 

In all the above cases, the detention or prosecution of any Senate member shall be suspended, after the Senate so expresses by a 3/4 majority vote of the entire Senate. 

Article 105: (New)   The Senate shall have an autonomous budget for conducting its function. 

The Senate members shall receive remuneration. 

Article 106: (New)   The Senate shall hold its first Session no later than sixty days after the election upon convening by the King. 

Before taking office, the Senate shall proclaim the validity of each member's mandate and vote separately to choose a President, Vice-Presidents and members for each Commission by a 2/3 majority vote of the entire Senate. 

All Senate members shall take an oath of allegiance, before taking office as in Annex 7 of the Constitution. 

Article 107: (New)  The Senate shall hold its ordinary sessions twice a year.,

 

Each session shall last for at least three months. If there is a proposal from the King or a request from the Prime Minister or from at least 1/3 of the Senate members, the Senate may convene an extraordinary session. 

Article 108: (New)   In between Senate sessions, the Standing Committee shall undertake to manage the works of the Senate. 

The Standing Committee shall consist of: the Senate President, the, Vice- Presidents, and all the Commissions chairmen. 

Article 109: (New) The Senate sessions, shall be held in the Royal Capital of the Kingdom of Cambodia, in the Senate hall, except when stipulated otherwise in the invitation letters due to special circumstances. 

Except where so stipulated and unless held at the place and date as stipulated, any meeting of the Senate shall be fully considered as illegal and void.           

Article 110: (New)  The President of the Senate shall chair the Senate sessions, received draft bills and resolutions adopted by the Senate, ensure the implementation of the internal regulations, and manage the Senate's relations with foreign countries. 

If the President is unable to perform his duties due to illness, or to fulfill his functions as Head of State as Interim, or as Regent, or is on a mission abroad, the Vice-President shall replace him. 

In the event of a resignation or death of the President or Vice-presidents, the Senate shall elect a new president and vice-presidents. 

Article 111: (New)   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 of the President of the National Assembly. 

The Senate sessions shall be considered as valid provided there is a quorum of seven-tenth of all members. 

The numbers of voted which are required for the National Assembly approval as provided for in the constitution shall be applied to the Senate as well. 

Article 112: (New)   The Senate shall have the duties to coordinate the work between the National Assembly and the Government. 

Article 113: (New)   The Senate shall review and provide a recommendation to a draft or proposed law that was first adopted by the National Assembly and other matters submitted by the National Assembly within no more than one month. If it is declared as an urgent matter, the period 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 National Assembly shall be promulgated. 

If the Senate calls for the modification of the draft or the proposed law, the National Assembly shall take them into account a second time immediately. The National Assembly shall review 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 proposed law between the Senate and the National Assembly shall be done only within one month. The duration shall be reduced to ten days if it is a case of the national budget or finance and the duration shall be reduced to two days if it is an urgent matter. 

If the National Assembly withholds for longer that the time stipulated or delays in reviewing the laws the general extension period shall be equal for both the National Assembly and the Senate. 

If the Senate rejects the draft or proposed law the National Assembly can not review them for the second time before one month. The duration shall be reduced to fifteen days if it is a case of the national budget or finance and the duration shall be reduced to four days if it is an urgent matter. 

In the second review of the draft or proposed law the National Assembly shall adopt them by an absolute majority. 

The draft or proposed law adopted by the above method shall be sent for promulgation. 

Article 114: (New)  The Senate may create Commissions as necessary. The Organization and Functioning of the Senate, shall be determined in the Internal Regulations of the Senate. The Internal Regulations of the Senate shall be adopted by a 2/3 majority of all the members of the Senate. 

Article 115: (New)   If a Senate member dies, resigns, or is dismissed from the Senate at least six months prior to the termination of the term, a replacement shall be appointed or elected following the conditions as determined in the Internal Regulations of the Senate and the Law on the Organization and Election of Members of the Senate.
 

NEW CHAPTER IX

CONGRESS OF THE NATIONAL ASSEMBLY AND THE SENATE
 

Article 116: (New)  When necessary, the National Assembly and the Senate may hold a joint Congress to solve major problems of the country. 

Article 117: (New)  The major problems of the country as provided for in Article 116 above, and the organization and functioning of the Congress shall be determined by law.
 

NEW CHAPTER X

ROYAL GOVERNMENT
 

Article 118: (Former article 99)  The Council of Ministers shall be the Royal Government of the Kingdom of Cambodia.. 

The Council of Ministers shall be led by one Prime Minister who shall be assisted by Deputy Prime Ministers, , Senior Ministers, Ministers, and State Secretaries as members of the Council of Ministers. 

Article 119: (Former article 100)   Upon the recommendation of the President and with the agreement of both Vice‑Presidents of the National Assembly, the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. The designated representative shall lead other members of the National Assembly, members chosen from the political parties or represented in the National Assembly who are to be placed in various positions in the Royal Government ,to to ask for a vote of confidence from the National Assembly. 

After the National Assembly has given its vote of confidence, the King shall issue a Reach Kret appointing the entire Council of Ministers. 

Before taking office, the Council of Ministers shall take an oath as stipulated in Annex- 6. 

Article 120: (Former article 101)  The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry or with the holding of any position in the public service. 

Article 129: (Former 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, wholeheartedly and conscientiously, fulfill his or her duties with strict respect for the laws, 

Article 130: (Former article 111)   Judicial power shall not be granted to the legislative or executive branches. 

Article 131: (Former article 112)  Only the Public Prosecutor shall have the right to file criminal suits. 

Article 132: (Former article 113)   The King shall be the guarantor of the independence of the Judiciary. The Supreme Council of Magistracy shall assist the King in this matter. 

Article 133: (Former article 114)    Judges shall not be dismissed. The Supreme Council of Magistracy shall take disciplinary actions against any wrongdoing judges. 

Article 134: (Former article 115)   The Supreme Council of Magistracy shall be established by an organic law, which which shall determine its composition and functions. 

The Supreme Council of Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of Magistracy. 

The Supreme Council of 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 prosecutors. 

Article 135: (Former article 116)  The general statutes of judges and prosecutors and the functioning of the judiciary shall be defined in separate laws. 

NEW CHAPTER XII

THE CONSTITUTIONAL COUNCIL
 

Article 136: (New article)  The Constitutional Council shall have the duty to safeguard the respect of the Constitution and, to interpret the Constitution, and the laws passed by the National Assembly and examined by the Senate. 

The Constitutional Council shall have the right to examine and decide on contested cases involving the election of members of the National Assembly and the Senate. 

Article 137: (Former article 118)   The Constitutional Council shall consist of nine members with nine -year terms. One-third (1/3) of the members of the Council shall be replaced every three years. Three members shall be appointed by the King, three members by the National Assembly, and the remaining three by the Supreme Council of Magistracy. 

Municipalities shall be divided into khan and khan into sangkat. 

Article 146: (Former article 127)   Provinces, municipalities, districts, khan, and sangkat shall be governed in accordance with the conditions as stated in an organic law. 

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