Political and Administrative Structure
In the transitional period between the signing of the Paris Peace Agreements in October
1991 and a free and fair national elections conducted by the United nations Transitional
Authority in Cambodia (UNTAC) in May 1993, Cambodia was governed by a Supreme National
Council (SNC), regrouping all four major political parties.
[In September 1990, the Security Council (resolution 66811990) welcomed "the
agreement reached by all Cambodian parties at Jakarta to form a Supreme National Council
as the unique legitimate body and source of authority in which, throughout the
transitional period, the independence, national sovereignty and unity of Cambodia is
embodied". This development was also welcomed by the General Assembly which noted in
its resolution 4513 of 16 October 1990 that the Supreme National Council "will
therefore represent Cambodia externally and occupy the seat of Cambodia at the United
Nations, in the United Nations specialized agencies and in other international
institutions and international conferences “.]
Administration of the country was temporarily entrusted to UNTAC, which successfully
organized the elections with a large turnout of the population. Following the installation
of a Provisional National Government, the elected Constituent Assembly adopted and
promulgated on September 24, 1993 the nation's constitution, which proclaimed King Norodom
Sihanouk as Head of State and established the Royal Government of Cambodia (RGC) within a
framework of parliamentary democracy. Two Prime Ministers were appointed to represent the
two major parties that won the elections. This same date marks the official end of UNTAC's
mandate. 30th September marks the date of easing of the activities of the various UNTAC
components and 15th November, the date provided for the end of withdrawal of the
"Blue helmets".
THE CONSTITUTION
A DEMOCRATIC AND SOCIALLY-SPIRITED CONSTITUTION
On 22nd September, after 5 days of intensive debate, the Constituent Assembly adopted by
secret ballot, the Constitution of the Kingdom of Cambodia" by 113 votes for, 5 votes
against and 2 abstentions. On 24th September, the Head of State promulgated the basic
charter. A few hours later, during a ceremony characterized by dignity and great
simplicity, it pronounced the oath which made Norodom Sihanouk the first Constitutional
King of Cambodia. The Constituent Assembly became the National Assembly and the King on
the proposal of the President and Deputy Presidents of the Assembly, designated by virtue
of Article 138 of the Constitution, H.R.H. Prince Norodom Ranariddh and H.E. Mr. Hun Sen,
First and Second Prime Ministers respectively. From then on, the life in the country is
governed by one hundred and thirty-nine articles spread over 14 chapters in the
Constitution.
SOVEREIGNTY
The Constituent Assembly attempts to define in six articles Cambodia's sovereignty and its
policy of neutrality and non-alignment. It also attempted to define with great
determination the national territory limits with specific reference made to
"1/100,000 scale maps made between the years 1933-1953 and internationally recognized
between the years 1963-1969".
THE KING
Twenty-four articles define the royal role as being one of a symbol of unity and
permanence of the Nation and a guarantee of national independence, sovereignty and
territorial integrity of the Kingdom. The King is the Head of state for life. He holds the
throne but does not hold power. "The King reigns but does not Govern". He
appoints the Prime Minister(s) and the Council of Ministers. Upon presentation by the
Council of Ministers, the King signs decrees of appointment., transfer and dismissal of
high civil and military officials, extra- ordinary and plenipotentiary ambassadors and
delegates, and upon presentation by the Supreme Council of Magistracy, he signs decrees to
appoint, transfer or dismiss judges.
As the Supreme Commander of the Royal Khmer Armed Forces, the King appoints -the
Commander-in- Chief of the Royal Khmer Armed Forces, declares war upon approval of the
National Assembly, and upon approval of the Prime Minister(s) and the President of the
National Assembly, the King declares the state of emergency. The King receives letters of
credentials from foreign ambassadors extraordinary and plenipotentiary to the Kingdom of
Cambodia, and upon the approval of the National Assembly, he signs and ratifies
international treaties and conventions.
The wife of the reigning King holds the royal title of Queen of Cambodia. She does not
have the right to engage in politics, to assume the role of leader of state or government,
or to assume other administrative or political roles. The Queen of Cambodia exercises
activities that serve the social, humanitarian and religious interests, and assists the
King with protocol and diplomatic functions.
In the absence of the King, the President of the National Assembly assumes the powers as
acting Head of State. In case of serious illness, the President of the National Assembly
performs the duty of Head of State as "Royal Delegate' and in the event of the King's
death and before the appointment of the new King the President of the National Assembly
shall take over the responsibility as acting Head of State until the new King is elected
by the Royal Council of the throne. As to the succession to the throne, in accordance to
the tradition, the Cambodian monarchy is elected. However, the King does not have the
power to appoint his successor to the throne. A Council of the Throne chooses the new
Sovereign from among the male descendants, aged at least 30, of the Kings Ang Duong,
Norodom and Sisowath. No member of the Royal Family sits in his official capacity on this
body which consists of 6 people: the President and the two first Vice Presidents of the
National Assembly, the Prime Minister, the Supreme Patriarch from each of the two Buddhist
orders. The King cannot designate his successor.
RIGHTS AND DUTIES OF THE KHMER CITIZENS
Twenty articles list the fundamental rights enjoyed by Khmer citizens: They have equality
before the law and have the same rights, freedoms and obligations, regardless of race,
color, sex, language, religious belief, political tenancy, ethnic origin, status, or other
social position. Citizens of both sexes enjoy the right of active participation in the
political, economic, social and cultural life of the nation, the rights to privacy and the
freedom to travel . They have the right to vote at age 18, and to be candidates in
elections at age 25.
Citizens have freedom of expression and association. They have the right to set up
associations and political parties, participate in mass organizations, and form and to be
members of trade unions. Although Buddhism is the state religion, citizens have the right
to practice other beliefs unless they affect other beliefs and public security. A citizen,
accused of a crime, is presumed innocent until proven guilty by a competent court. Any
citizen can file actions for damages for the illegal acts of state institutions and social
institutions .
THE RE-ESTABLISHMENT OF RIGHTS TO PRIVATE OWNERSHIP AND OF A FREE MARKET ECONOMY
The constitution emphasizes the re-establishment of rights to private ownership and of a
free market economy. It provides that all persons, individually or collectively, have the
right to ownership, but that only individuals or legal entities with Khmer nationality can
have the right to own real estate. Just compensation is require d for any taking by the
State. Furthermore, it specifies that Cambodia will, inter alia: allow,citizens to sell
their products freely; provide production materials, protect the price of products and
help producers to find markets; help regulate the market to guarantee appropriate living
conditions for the people; promote economic development; and protect and manage the
environment. The Constitution gives both sexes "the right to choose employment
appropriate to their ability and the needs of society", "the same remuneration
for the same job", "the right to obtain social security", the right to form
and be members of trade unions".