The Rights and Obligations Of Khmer Citizens

Chapter III The Rights and Obligations Of Khmer Citizens

Article 31: Human Rights, Equality, Restrictions

1. The Kingdom of Cambodia recognizes and respects human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, the covenants and conventions related to human rights, woman's and children rights.

2. Every Khmer citizen is equal before the law, enjoying the same rights and freedom and fulfilling the same obligations regardless of race, color, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status.

3. The exercise of personal rights and freedom by any individual may not adversely affect the rights and freedom of others. The exercise of such rights and freedom must be in accordance with law.

Article 32: Life, Personal Freedom, Security

Every Khmer citizen has the right to life, personal freedom, and security.

Article 33: Citizenship

1. Khmer citizens may not be deprived of their nationality, exiled or arrested and deported to any foreign country unless there is a mutual agreement on extradition.

2. Khmer citizens residing abroad enjoy the protection of the State.

3. Khmer nationality is determined by a law.

Article 34: Electoral Rights

1. Khmer citizens of either sex shall enjoy the right to vote and to stand as candidates for the election.

2. Citizens of either sex of at least eighteen years old, have the right to vote.

3. Citizens of either sex of at least 25 years old, have the right to stand as candidates for the election.

4. Provisions restricting the right to vote and to stand for the election are defined in the electoral for the election.

Article 35: Political Participation

1. Khmer citizens of either sex are given the right to participate actively in the political, economic, social and cultural life of the nation.

2. Any suggestions from the people shall be given full consideration by the organs of the State

Article 36: Work

1. Khmer citizens of either sex have the right to choose any employment according to their ability and to the needs of the society.

2. Khmer citizen of either sex receive equal pay for equal work.

3. The work by housewives in the home has the same value as what they can receive when working outside the home.

4. Every Khmer citizens has the right to obtain social security and other social benefits as determined by law.

5. Khmer citizens of either sex have the right to form and to be members of trade unions.

6. The organization and conduct of trade unions is determined by law.

Article 37: Strike, Demonstration

The right to strike and to non-violent demonstration is implemented in the framework of a law.

Article 38: Procedural Guarantees

1. The law does not allow physical abuse against any individuals.

2. The law protects the life, honor, and dignity of the citizens.

3. The prosecution, arrest, or detention of any person may only be executed in accordance with the law.

4. Coercion, physical ill-treatment or any other mistreatment that imposes additional punishment on a detainee or prisoner is prohibited. Persons who commit, participate, or conspire in such acts are punished according to the law.

5. Confession obtained by physical mental force is not admissible as evidence of guilt.

6. Khmer citizens of either sex shall respect public and legally acquired private properties.

7. Any case of doubt shall be resolved in favor of the accused.

8. The accused is to be considered innocent until the court has judged finally on the case.

9. Every citizen enjoys the right to defense through judicial recourse.

Article 39: Complaints

Khmer citizens have the right to denounce, make complaints, or file claims against any breach of the law by the 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: Travel
1. Citizens' freedom to travel, far and near, and legal settlement has to be respected.

2. Khmer citizens have the right to travel and settle abroad and return to the country.

3. The right to privacy of residence and to the secrecy of correspondence by mail, telegram, fax, telex, and telephone is guaranteed.

4. Any search of the house, material, and body must be in accordance with the law.

Article 41: Freedom of Expression

1. Khmer citizens have freedom of expression, press, publication, and assembly. No one may exercise this right to infringe upon the rights of others, to affect the good traditions of the society, or to violate public law and order and national security.

2. The regime of the media is determined by law.

Article 42: Associations, Political Parties

1. Khmer citizens have the right to establish associations and political parties. These rights are determined by law.

2. Khmer citizens may take part in mass organizations for mutual benefit to protect national achievements and social order.

Article 43: Religion

1. Khmer citizens of either sex enjoy the freedom of belief.

2. Freedom of religious belief and worship is guaranteed by the State on the condition that such freedom does not affect other religious beliefs or violate public order and security.

3. Buddhism is the State religion.

Article 44: Property

1. All persons, individually or collectively, have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality have the right to own land.

2. Legal private ownership is protected by the law.

3. The right to confiscate possessions from any person may only be exercised in the public interest as provided for under law and requires fair and just compensation in advance.

Article 45: Gender Equality, Marriage

1. All forms of discrimination against woman are abolished.

2. The exploitation of women in employment is prohibited in marriages and matters of the family.

3. Marriage is to be conducted according to conditions determined by law based on the principle of mutual consent between one husband and one wife.

Article 46: Women

1. The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women is prohibited.

2. A woman may not lose her job because of pregnancy. Women have the right to take maternity leave with full pay and with no loss of seniority or other social benefits.

3. The State and society provides opportunities to women, especially to those living in rural areas without adequate social support, so they can get employment, medical care, send their children to school, and have decent living conditions.

Article 47: Parentage

1. Parents have the right to take care of and educate their children to become good citizens.

2. Children have the right to take good care of their elderly mother and father according to Khmer traditions.

Article 48: Children

1. The State protects the rights of the children as stipulated in the Convention on Children, particular, the right to life, education, protection during wartime, and from economic or sexual exploitation.

2. The State protects children from acts that are injurious to their education opportunities, health, and welfare.

Article 49: Duties

1. Every Khmer citizens must respect the Constitution and laws.

2. All Khmer citizens have the duty to take part in the national reconstruction and to defend the homeland. The duty to defend the country is determined by law.

Article 50: Principles to be Respected

1. Khmer citizens of either sex must respect the principles of national sovereign and liberal multi-party democracy.

2. Khmer citizens of either sex must respect public and legally acquired private properties.