The government released draft amendments to the Constitution, tweaking articles related to the parties that can form government, the appointment of interim prime ministers and the transfer of power upon death or resignation.
The Justice Ministry released the draft amendments Wednesday afternoon, hours after the Constitutional Council gave the green light to the draft amendments. The Justice Ministry said it would explain the need for the amendments at a press conference on Thursday.
The nine-member Constitutional Council also did not give any details about its deliberations over the draft amendments. Spokesperson Prom Vicheth Ahkra said that the council saw no issue with the amendments and any potential impact on the country’s democratic principles.
“The proposed amendment does not affect liberal democracy, pluralism, and constitutional monarchy,” he said at a press conference Wednesday morning.
VOD was unable to reach CPP Senator Sok Eysan and Candlelight Party vice president Son Chhay for comment about the potential impact of the amendments.
The articles being amended are divided into two groups: six of them are 19, 89, 98, 102, 119 and 125. The two other articles are 3 and 4 from the Additional Constitutional Law which is appended to the Constitution and deals with the “regular functioning of the national institutions.”
The move to amend the Constitution was made public only after the Council of Ministers approved them at a council meeting last Friday. There was no mention from the government or Prime Minister Hun Sen about the need for these amendments. The last set of amendments was highly publicized with Hun Sen speaking at length about how people with dual citizenship should not be allowed to hold high office.
The changes range from minor to potentially substantial, especially the draft articles relating to the appointment of the prime minister’s position — including transfers upon death or resignation — and the parties that can form the government.
Opposition party representatives and political observers expressed concerns about the amendments potentially favoring the ruling party. Political analyst Lao Mong Hay argued that constitutional changes should be put to a referendum on election day, or else the Constitution could lose its legitimacy and legal force.
Below are the current constitutional articles alongside the proposed amendments as translated unofficially by VOD.
Article 19
| Current | Draft |
| The King shall appoint the Prime Minister and the Council of Ministers in accordance with the procedures stipulated in Article 119 new. | The King shall appoint the Prime Minister and the Council of Ministers in accordance with the procedures stipulated in Article 119 new (2). |
Article 89
| Current | Draft |
| Upon the request from at least one-tenth of its Members, the National Assembly can invite a high ranking personality to come and clarify on issues of particular importance. | Upon the request from at least one-tenth of its Members, the National Assembly can invite one or more government members accompanied by expert figures of any field to clarify to the national assembly about a special and necessary issue. |
Article 98
| Current | Draft |
| The National Assembly can dismiss a Member of the Royal Government or remove the Royal Government from office by voting a motion of censure at the absolute majority of all its Members. | The National Assembly can dismiss a Member of the Council of Ministers or remove the Royal Government from office by voting a motion of censure at the absolute majority of all its members. |
| In case the Royal Government is removed from office by the National Assembly, the Royal Government that is to leave the position only has the duty to lead daily work until a new government comes to office. | |
| The motion of censure against the Royal Government must be submitted to the National Assembly by thirty of its Members before this motion of censure can be examined. | The motion of censure against the Royal government must be submitted to the National Assembly by one-third of all its members before the motion of censure can be examined. |
Article 102
| Current | Draft |
| The legislature of the Senate is of 6 years and shall terminate on the day the new Senate enters in function. In time of war or in other exceptional circumstances when it is impossible to organize the elections, the Senate may,on the proposal from the King, declare the prorogation of its legislature for one year each time. | The legislature of the Senate is of 6 years and shall terminate on the day the new Senate enters in function. In time of war or in other exceptional circumstances when it is impossible to organize the elections, the Senate may, on the proposal from the King, declare the prorogation of its legislature for one year each time. |
| The declaration of prorogation of the Senate’s legislature must be adopted by at least two-third of all the Senators. | The declaration of prorogation of the Senate’s legislature must be adopted by at least two-third of all Senators. |
| Under the aforementioned circumstances, the Senate shall convene everyday, in permanence. The Senate has the right to put an end to the aforementioned special circumstances, whenever the situation permits. | Under the aforementioned circumstances, the Senate shall convene everyday, in permanence. The Senate has the right to put an end to the aforementioned special circumstances, whenever the situation permits. But upon the decision to end the special circumstances when the country is in a state of emergency, the Senate has to jointly decide with the National Assembly in a National Assembly and Senate congress except the implementation of Article 86 of the Constitution. |
| If the Senate can not convene for imperative reasons, notably in case of territorial occupation by foreign forces, the declaration of the state of emergency must be automatically extended. | If the Senate cannot convene for important reasons, notably in case of territorial occupation by foreign forces, the declaration of the state of emergency must be automatically extended. |
Article 119
| Current | Draft |
| Upon the proposal of the President of the National Assembly in agreement with the two Vice-Presidents, the King assigns a high ranking personality among the Members of National Assembly from the election winning party, to form the Royal Government. | Upon the proposal of a party with more seats than others in the National Assembly, the King assigns a high ranking personality as a Prime Minister to form the Royal Government. The proposal from the party with the most seats in the National Assembly must give a copy for the President of the National Assembly. A high ranking personality who would be appointed as a Prime Minister has to be a lawmaker with single Khmer nationality and has to be chosen from a party that has more seats than others in the National Assembly. |
| This assigned high ranking personality, accompanied by his collaborators who are Members of the National Assembly or members of the parties represented at the National Assembly and who are in charge of ministerial functions within the Royal Government, solicits the confidence from the National Assembly. | This assigned high ranking personality, accompanied by his collaborators who are Members of the National Assembly or members of the parties represented at the National Assembly and who are in charge of ministerial functions within the Royal Government, solicits the confidence from the National Assembly. |
| The vote of confidence has to be done on the list of members of the whole Council of Ministers. | |
| Once the National Assembly has voted the confidence, the King signs the Kret appointing the whole Council of Ministers. | Once the National Assembly has voted the confidence, the King signs the Kret appointing the whole Council of Ministers. |
| Before taking office, the Council of Ministers shall take oath according to the text written in Annex 6. | Before taking office, the Council of Ministers shall take oath according to the text written in Annex 6. |
| When finishing each of the legislative sessions of the National Assembly, the government supposed to leave the position has only duty on daily work until a new government takes office. |
Article 125
| Current | Draft |
| In case of the definitive vacancy of Prime Minister’s position, a new Council of Ministers shall be appointed under the conditions provided by the present Constitution. If the vacancy is temporary, a Prime Minister ad interim shall be provisionally assigned. | In case of a temporary vacancy of the Prime Minister, the Prime Minister shall assign one Deputy Prime Minister to be an Acting Prime Minister to temporarily lead the Council of Ministers. |
| In case of the definitive vacancy of Prime Minister’s position with the reasons being death or resignation from the position, a new Council of Ministers needs to be immediately appointed in the condition as stated in this Constitution. The president of the National Assembly must call for a National Assembly meeting immediately and take other necessary actions within seven days at the most after receiving a proposal from a party that has more seats than others in the National Assembly. | |
| In case of the definitive vacancy of the Prime Minister’s position with the reason being death, the Council of Ministers that is supposed to leave its position, under the leadership of a Deputy Prime Minister who was assigned as an Acting Prime Minister has only the duty of the daily work until a new Council of Ministers takes office. | |
| The resignation from the position by the Prime Minister has to come from a resignation letter that has to be sent to the King and a copy sent to the National Assembly. In this case, the Council of Ministers that is supposed to leave its position has to extend the leadership of Government work until a new Council of Ministers takes office. |
Additional Constitutional Law Article 3
| Current | Draft |
| In case when the procedures stipulated in the Articles 82 and 119 new of the Constitution can not be implemented, the National Assembly, on the proposal of the majority political party, can proceed with the package vote to elect its President and its Vice-Presidents as well as the Chairpersons and Vice-Chairpersons of the Commissions, and at the same time to grant the confidence to the Royal Government. | In case when the procedure stipulated in the new Article 82 new (1) and Article 119 new (2) of the Constitution cannot be implemented, the National Assembly, on the proposal of the party that has more seats than others in the National Assembly can proceed with the package vote to elect its President and its Vice-Presidents of the National Assembly as well as the Chairpersons and Vice-Chairpersons of Commissions at the same time to grant the confidence to the Royal Government. |
Additional Constitutional Law Article 4
| Current | Draft |
| The elaboration of the candidate lists for the elections and for the vote of confidence shall be organized as followed: | The preparation of the list of members for appointment and giving confidence needs to be implemented as follows: |
| The list of the candidates for Presidency, Vice-Presidencies of the National Assembly, as well as of those for Chairmanship and Vice-Chairmanships of specialized Commissions, must be prepared and proposed by the political parties which agree to form a coalition government, then conveyed to the most senior member of the National Assembly. | The list of members for president and vice president of the National Assembly as well as chairman and vice chairman of all specialized committees of the National Assembly must be prepared and requested by the political party with more seats than others in the National Assembly and sent to the most senior member of the National Assembly. The president of the National Assembly must be chosen from National Assembly members who have single Khmer nationality. |
| Upon the proposal by the majority political party at the National Assembly, submitted through the most senior member, the King designates a high ranking personality among the members of the National Assembly from the elections winning political party to form the Royal Government. This designated high ranking personality prepares the attribution of the different ministerial posts within the Royal Government, then sends the list of all its members to the most senior member of the National Assembly | Upon a proposal from the party with the most seats in the National Assembly, the King assigns a high ranking personality as the prime minister to create the Royal Government. The high ranking personality who is assigned as prime minister must be a lawmaker with single Khmer nationality and is chosen from the political party with the most seats in the National Assembly. The high ranking personality who is assigned shall prepare other positions in the Royal Government and then send the list of all names of the members of the government to the most senior member of the National Assembly. |
| The most senior member of the National Assembly shall combine these lists into a single one, composed of the candidates for Presidency, Vice-Presidencies of the National Assembly, for the Chairmanships and Vice-Chairmanships of all the specialized Commissions of the National Assembly as well as for the posts of Prime Minister and members of the Royal Government, in order to submit it to the vote of the National Assembly. | The most senior member of the National Assembly members shall immediately prepare without hesitation a list of names composed of the President and Vice-President of the National Assembly as well as Chairperson and Vice-Chairperson of all specialized Commissions of the National Assembly as well as the posts of Prime Minister that is appointed by the King and all members of the Royal Government to submit to the National Assembly for vote. The most senior member of the National Assembly has to lead the National Assembly’s meeting to adopt the list immediately. |
| The most senior member of the National Assembly shall be chosen as the National Assembly’s most senior member from among all members of the National Assembly. In case this most senior member of the National Assembly cannot fulfill their role, the position of this most senior member shall be handed to other National Assembly members who are the next most senior in rank respectively. |
Additional reporting by Nhim Sokhorn
