Free Mrs. Yorm Bopha! Apply the Rule of Laws!: Khmer Law Compilation

EDITOR'S NOTE (updated on 18-08-2006)

This fourth edition of the compilation of laws, prepared by the Office of the United Nations High Commissioner for Human Rights, contains laws and other legal instruments in force in Cambodia as of February 2005.

The purpose of the compilation is to improve public access to legal documents and to assist the courts involved in the administration of justice. Previous editions have sought to be as comprehensive as possible. However, given the significant increase in the number of laws and executive regulations since the third edition, it was decided for the fourth edition to focus on those laws and other legal instruments that are most relevant to day-to-day practice in the administration of justice and institutional development in Cambodia. For easy reference, an appendix contains a complete list of laws adopted and promulgated during the First and Second Legislatures, covering the period from 1993 to until 2003.

This compilation contains revised and improved translations of the main international human rights treaties to which Cambodia is party, as well as the ILO conventions and other international instruments such as the Code of Conduct for Law Enforcement Officials. Extradition treaties that Cambodia has ratified have also been included because of their relevance to criminal justice practitioners. We have also included the International Rules of Procedure of the National Assembly, the Senate and the Constitutional Council.

TABLE OF CONTENTS

10.

11.

12.

13.

14.

15.

The hierarchy of domestic Cambodia legal instruments contained in this compilation is as follows:

1. The Constitution:

The Constitution is the supreme source of law in Cambodia

2. Laws (Chbab):

A law is adopted by the National Assembly and the Senate, and promulgated by the King or the acting Head of State. A law must be in strict conformity with the Constitution.

3. Royal decrees (Reach Kret):

A Royal decree is issued by the King in the exercise of his constitutional powers. A Royal decree must be in strict conformity with the Constitution.

4. Sub-decrees (Anu-Kret):

A sub-decree is adopted by the Council of Ministers and signed by the Prime Minister. A sub-decree must be in strict conformity with the Constitution and conform to the Law to which it refers.

5. Proclamations (Prakas):

A proclamation is a ministerial or inter-ministerial decision signed by the relevant Minister(s). A proclamation must conform to the Constitution and to the law or sub-decree to which it refers.

6. Circulars (Sarachor):

A circular is an instrument that a Ministry or higher authority use to clarify a point of law or to provide instructions. A circular is only advisory and does not have the force of law.

TABLE OF CONTENTS