Annex 5: Principles for a New Constitution for Cambodia
The constitution will be the supreme law of the land. It may be amended only by a designated process involving legislative approval, popular referendum, or both.
Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
The constitution will declare Cambodia's status as a sovereign, independent and neutral State, and the national unity of Cambodian people.
The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections. It will provide for the right to vote and to be elected by universal and equal suffrage. It will provide for voting by secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to organize and participate in the electoral process.
An independent judiciary will be established, empowered to enforce the rights provided under the constitution.
The constitution will be adopted by a two-thirds majority of the members of the constituent assembly.
Posted by USIP Library on: February 22 2000
Source Name:
United Nations, Department of Public Information, Agreements on a
Comprehensive Political Settlement of the Cambodia Conflict: Paris,
23 October 1991, January 1992, 39-40.
