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".