| CAMBODIA Kingdom of Cambodia Preahreacheanachakr Kampuchea Joined United Nations: 14 December 1955 Human Rights as assured by their constitution Updated 24 January 2013 |
CHAPTER III
THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
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. Every Khmer citizen shall be
equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, colour, 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
Every Khmer citizen shall have the right to life, personal freedom and security. There shall be no capital punishment.
Article 33
Khmer citizens shall not be deprived of their nationality, exiled or arrested and deported to any foreign country unless there is mutual
agreement on extradition. Khmer citizens residing abroad enjoy the protection of the State. The Khmer nationality shall be determined by
law.
Article 34
Khmer citizens of either sex shall enjoy the right to vote and to stand as candidates for the election. Citizens of either sex of at least
eighteen years old, have the right to vote. Citizens of either sex of at least 25 years old, have the rights to stand as candidates for the
election. Provisions restricting the right to vote and to stand for the election shall be defined in the Electoral Law.
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. Any
suggestions form the people shall be given full consideration by the organs of the State.
Article 36
Khmer citizens of either sex shall have the right to choose any employment according to their ability and to the needs of the society.
Khmer citizens of either sex shall receive equal pay for equal work. The work by housewives in the home shall have the same value as
what they can receive when working outside the home. Every Khmer citizen shall have the right to obtain social security and other social
benefits as determined by law. Khmer citizens of either sex shall have the right to form and to be members of trade unions. The
organization and conduct of trade unions shall be determined by law.
Article 37
The right to strike and to non-violent demonstration shall be implemented in the framework of a law.
Article 38
The law guarantees there shall be no physical abuse against any individual. The law shall protect the life, honor and dignity of the citizens.
The prosecution, arrest, or detention of any person shall not be done except in accordance with the law. Coersion, physical ill-treatment
or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit,
participate or conspire in such acts shall be punished according to the law. Confessions obtained by physical or mental force shall not be
admissible as evidence of guilt. Any case of doubt shall be resolved in favor of the accused. The accused shall be considered innocent
until the court has judged finally on the case. Every citizen shall enjoy the right to defense through judicial recourse.
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 reside under the
competence of the courts.
Article 40
Citizens' freedom to travel, far and near, and legal settlement shall be respected. Khmer citizens shall have the right to travel and settle
abroad and return to the country. The right to privacy of residence and to the secrecy of correspondence by mail, telegram, fax, telex and
telephone shall be guaranteed. Any search of the house, material and body shall be in accordance with the law.
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 affect the good traditions of the society, to violate public law and order and national security. The regime of the media
shall be determined by law.
Article 42
Khmer citizens shall have the right to establish associations and political parties. These rights shall be determined by law. Khmer citizens
may take part in mass organizations for mutual benefit to protect national achievements and social order.
Article 43
Khmer citizens of either sex shall have the right to freedom of belief. Freedom of religious belief and worship shall be guaranteed by the
State on the condition that such freedom does not affect other religious beliefs or violate public order and security. Buddhism shall be the
State religion.
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. Legal private ownership shall be protected by law. The right to confiscate possessions from any person shall
be exercised only in the public interest as provided for under law and shall require fair and just compensation in advance.
Article 45
All forms of discrimination against women shall be abolished. The exploitation of women in employment shall be prohibited. Men and
women are equal in all fields especially in marriages and matters of the family. 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
The commerce of human beings, exploitation by women prostitution and obscenity which affect the reputation of women shall be
prohibited. A woman shall not lose her job because of pregnancy. Women shall have the right to take maternity leave with full pay and
with no loss of seniority or other social benefits. 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
Parents shall have the duty to take care of and educate their children to become good citizens. Children shall have the duty to take good
care of their elderly mother and father according to Khmer traditions.
Article 48
The State shall protect the rights of the children as stipulated in the Convention on Children, in particular, the right to life, education,
protection during wartime, and from economic or sexual exploitation. The State shall protect children from acts that are injurious to their
educational opportunities, health, and welfare.
Article 49
Every Khmer citizen shall respect the Constitution and laws. 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
Khmer citizens of either sex shall respect the principles of national sovereignty, liberal multi-party democracy. Khmer citizens of either sex
shall respect public and legally acquired private properties.
THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
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. Every Khmer citizen shall be
equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, colour, 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
Every Khmer citizen shall have the right to life, personal freedom and security. There shall be no capital punishment.
Article 33
Khmer citizens shall not be deprived of their nationality, exiled or arrested and deported to any foreign country unless there is mutual
agreement on extradition. Khmer citizens residing abroad enjoy the protection of the State. The Khmer nationality shall be determined by
law.
Article 34
Khmer citizens of either sex shall enjoy the right to vote and to stand as candidates for the election. Citizens of either sex of at least
eighteen years old, have the right to vote. Citizens of either sex of at least 25 years old, have the rights to stand as candidates for the
election. Provisions restricting the right to vote and to stand for the election shall be defined in the Electoral Law.
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. Any
suggestions form the people shall be given full consideration by the organs of the State.
Article 36
Khmer citizens of either sex shall have the right to choose any employment according to their ability and to the needs of the society.
Khmer citizens of either sex shall receive equal pay for equal work. The work by housewives in the home shall have the same value as
what they can receive when working outside the home. Every Khmer citizen shall have the right to obtain social security and other social
benefits as determined by law. Khmer citizens of either sex shall have the right to form and to be members of trade unions. The
organization and conduct of trade unions shall be determined by law.
Article 37
The right to strike and to non-violent demonstration shall be implemented in the framework of a law.
Article 38
The law guarantees there shall be no physical abuse against any individual. The law shall protect the life, honor and dignity of the citizens.
The prosecution, arrest, or detention of any person shall not be done except in accordance with the law. Coersion, physical ill-treatment
or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit,
participate or conspire in such acts shall be punished according to the law. Confessions obtained by physical or mental force shall not be
admissible as evidence of guilt. Any case of doubt shall be resolved in favor of the accused. The accused shall be considered innocent
until the court has judged finally on the case. Every citizen shall enjoy the right to defense through judicial recourse.
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 reside under the
competence of the courts.
Article 40
Citizens' freedom to travel, far and near, and legal settlement shall be respected. Khmer citizens shall have the right to travel and settle
abroad and return to the country. The right to privacy of residence and to the secrecy of correspondence by mail, telegram, fax, telex and
telephone shall be guaranteed. Any search of the house, material and body shall be in accordance with the law.
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 affect the good traditions of the society, to violate public law and order and national security. The regime of the media
shall be determined by law.
Article 42
Khmer citizens shall have the right to establish associations and political parties. These rights shall be determined by law. Khmer citizens
may take part in mass organizations for mutual benefit to protect national achievements and social order.
Article 43
Khmer citizens of either sex shall have the right to freedom of belief. Freedom of religious belief and worship shall be guaranteed by the
State on the condition that such freedom does not affect other religious beliefs or violate public order and security. Buddhism shall be the
State religion.
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. Legal private ownership shall be protected by law. The right to confiscate possessions from any person shall
be exercised only in the public interest as provided for under law and shall require fair and just compensation in advance.
Article 45
All forms of discrimination against women shall be abolished. The exploitation of women in employment shall be prohibited. Men and
women are equal in all fields especially in marriages and matters of the family. 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
The commerce of human beings, exploitation by women prostitution and obscenity which affect the reputation of women shall be
prohibited. A woman shall not lose her job because of pregnancy. Women shall have the right to take maternity leave with full pay and
with no loss of seniority or other social benefits. 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
Parents shall have the duty to take care of and educate their children to become good citizens. Children shall have the duty to take good
care of their elderly mother and father according to Khmer traditions.
Article 48
The State shall protect the rights of the children as stipulated in the Convention on Children, in particular, the right to life, education,
protection during wartime, and from economic or sexual exploitation. The State shall protect children from acts that are injurious to their
educational opportunities, health, and welfare.
Article 49
Every Khmer citizen shall respect the Constitution and laws. 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
Khmer citizens of either sex shall respect the principles of national sovereignty, liberal multi-party democracy. Khmer citizens of either sex
shall respect public and legally acquired private properties.
Evidence of human habitation in the region of Cambodia dates back to cave dwellers around
4200 BCE. South East China migrants who dwelled in stilted huts arrived around 1000 BCE.
The Khmer arrived shortly thereafter, being the first to introduce religious culture with the
first kingdom, Funan flourishing from the 1st to the 6th Century CE. The golden age of the
Khmer Empire arose between the 9th and 13t Centuries with the Kambuja Kingdom from
which the nation takes its name. The Angkorian kingdom survived until 1431 when the
Siamese Kingdom captured the capital and forced the flight of the Khmer King. During the
period of decline Spanish and Portuguese adventured and missionaries established contact
as Siam and Vietnam wrestled for control of Cambodia. In 1863, King Norodom signed an
agreement with the French to establish a protectorate over his kingdom and eventual
domination. The Japanese occupied Cambodia during World War II but allowed Vichy
France to continue administration. Independence was achieved in October 1953. The
monarchy maintained power until March 1970 when a cop d'etat abolished the monarch and
established the Khmer Republic who fell to Communist Vietnamese forces on 1 January
1975 and the establishment of Democratic Kampuchea led by the Khmer Rouge under Pol
Pot. Vietnam launched another invasion establishing the People's Republic of Kampuchea
on 10 January 1979. A UN-broker and U.S. sponsored peace agreement was forged
beginning in 1989 which led to elections in 1993 and the return of Norodom Sihanouk as
King . The present constitution was adopted on 21 September 1993.Human rights are
enumerated beginning with Chapter III (THE RIGHTS AND OBLIGATIONS OF KHMER
CITIZENS), conform with the 1948 Universal Declaration of Human Rights of which
Cambodia is a signatory and detailed below. For a full English translation of Cambodia's
Constitution, click here.
4200 BCE. South East China migrants who dwelled in stilted huts arrived around 1000 BCE.
The Khmer arrived shortly thereafter, being the first to introduce religious culture with the
first kingdom, Funan flourishing from the 1st to the 6th Century CE. The golden age of the
Khmer Empire arose between the 9th and 13t Centuries with the Kambuja Kingdom from
which the nation takes its name. The Angkorian kingdom survived until 1431 when the
Siamese Kingdom captured the capital and forced the flight of the Khmer King. During the
period of decline Spanish and Portuguese adventured and missionaries established contact
as Siam and Vietnam wrestled for control of Cambodia. In 1863, King Norodom signed an
agreement with the French to establish a protectorate over his kingdom and eventual
domination. The Japanese occupied Cambodia during World War II but allowed Vichy
France to continue administration. Independence was achieved in October 1953. The
monarchy maintained power until March 1970 when a cop d'etat abolished the monarch and
established the Khmer Republic who fell to Communist Vietnamese forces on 1 January
1975 and the establishment of Democratic Kampuchea led by the Khmer Rouge under Pol
Pot. Vietnam launched another invasion establishing the People's Republic of Kampuchea
on 10 January 1979. A UN-broker and U.S. sponsored peace agreement was forged
beginning in 1989 which led to elections in 1993 and the return of Norodom Sihanouk as
King . The present constitution was adopted on 21 September 1993.Human rights are
enumerated beginning with Chapter III (THE RIGHTS AND OBLIGATIONS OF KHMER
CITIZENS), conform with the 1948 Universal Declaration of Human Rights of which
Cambodia is a signatory and detailed below. For a full English translation of Cambodia's
Constitution, click here.