Royal Law. Norodom Sihamony, King of Cambodia. Promulgate

Transcription

1 Royal Law 2006/025/010 WE Norodom Sihamony, King of Cambodia - Having seen the constitution of the Kingdom of Cambodia - Having seen the Royal Decree number 0704/124 dated 15 July 2004 on the appointment of the Royal Government of the Kingdom of Cambodia - Having seen the Royal Law number 02/ns/94 dated 20 July 1994, which promulgated the law on the preparation and the function of the Council of Ministers - Having seen the report by the prime minister of the Royal Government of Cambodia Promulgate The Law on Parliamentarians, adopted by the National Assembly on 31 August 2006 in its 5 th meeting during its 3 rd mandate, and approved without changes by the Senate, according to the entire form and concept of this law, is as follows:

2 Law On Parliamentarians Chapter 1 General Provision Article 1 This law aims at identifying parliamentary immunity and privilege, incompatibility and other necessary conditions to ensure that parliamentarians can carry out their tasks according to the constitution, law and regulations of the Kingdom of Cambodia. Article 2 Parliamentarians who are selected through universal election, after having been declared their validity and after having sworn in to their position, are the representatives of the Khmer nation as a whole, and not merely the representative of their constituency. Prosecution mandates are considered invalid. Article 3 The mandate of the parliamentarian shall last for five years and shall expire when the new parliamentarian takes over the position. Chapter 2 Parliamentary Immunity Article 4 Parliamentarians possess parliamentary immunity. Parliamentary immunity is divided into two categories: - Ensuring opinion or comments expressions for any parliamentarian s approval under the framework of his/her role is the absolute immunity of the parliamentarian. - Ensuring no charges, arrests, or detention to be made to a parliamentarian is the relative immunity of the parliamentarian. Article 5 Parliamentarians should not take the opportunity to abuse their parliamentary immunity leading to affect the honor of other individuals, the good social norms, public orders and national security.

3 Article 6 Parliamentarians should abide by the internal regulations of the National Assembly of the Kingdom of Cambodia. Article 7 Any parliamentarian having committed a penal offence may be allowed to be charged, arrested or detained according to the law and legal procedure on condition that his/her parliamentary immunity has been stripped. Article 8 Request to strip the parliamentary immunity of any parliamentarian is to be made by the minister of justice with his fact-finding statement attached and submitted to the Chairman of the National Assembly. Article 9 Stripping the parliamentary immunity during the national assembly meetings shall follow the procedures below: - The national assembly may hold a secret meeting upon request from the Chairman, or at least one tenth of the Members of Parliament, or the Prime Minister. - Quorum shall exceed two third of all the Members of Parliament. - Approval shall be made by two third majority of all the Members of Parliament. Article 10 To strip the parliamentary immunity amidst the period of the national assembly meetings, the Standing Committee of the National Assembly shall meet up and approve in accordance with the internal regulations of the National Assembly. Article 11 The decision made by the Standing Committee of the National Assembly shall be submitted to the next incoming national assembly meeting for the two third majority approval of all the Members of Parliament. Article 12 In case a parliamentarian commits flagrant penal offence, the concerned ministries may charge, arrest or detain him or her and report immediately to the national assembly or Standing Committee of the National Assembly amidst the period of the national assembly meetings for a decision to be made. Article 13 In all above-mentioned cases, detention or charge made to any parliamentarian will be delayed if the National Assembly, following a three fourth majority of all the Members of Parliament, made such decision.

4 Article 14 Parliamentarian whose immunity was stripped and who is being charged by the court, possesses the same right and privilege as other normal parliamentarians do. Parliamentarian who is under temporary arrest or detention shall lose his or her right to attend the national assembly and other commission meetings, but is entitled to remuneration, except for meeting allowance, per diem and fuel allowance. Parliamentarian whose final verdict or final warrant decides that he or she is guilty shall lose completely his or her right, privilege and membership as a Member of Parliament. Article 15 Any convicted parliamentarian pardoned by the King shall regain his or her immunity and privilege. Article 16 Parliamentarian whose final verdict or final warrant declares his/her innocence shall automatically regain his or her complete immunity and privilege. Chapter 3 Incompatibility Article 17 The mandate of the parliamentarian is actively incompatible with public positions and the positions of being a member of other institutions, as stated in the constitution, except for positions in the Council of Ministers of the Royal Government of Cambodia. Article 18 Parliamentarian holding a position in the Council of Ministers of the Royal Government of Cambodia has no other position in the Permanent Committee and other Commissions of the National Assembly, apart from being merely a parliamentarian. Article 19 Parliamentarians under their position are incompatible with the position of being a lawyer, as stated in the Law on the Statute of Lawyers. Chapter 4 Remuneration, Rank, and Privilege Chapter 20 The National Assembly possesses autonomous budget for its function. Parliamentarians are entitled to remuneration. Parliamentarians possess the same rank and privilege as the highest senior official of the Kingdom of Cambodia. All parliamentarians are granted social insurance within their mandate. In case, a parliamentarian passes away in his/her mandate, the Standing Committee of the National Assembly shall take responsibility of the funeral and provide the remuneration and other allowances to his or her family for another year round, effective from the date of his or her death.

5 The Standing Committee of the National Assembly shall arrange the remuneration, social insurance, health insurance, pension, per diem and work conditions of the parliamentarian. Article 21 Parliamentarians are entitled to pension. Parliamentarian s pension is to be paid at the Secretariat General of the National Assembly. The pension is to be paid from one place only. The Standing Committee of the National Assembly shall decide to allow the parliamentarian to retire as requested by the individual. Article 22 Conditions under which a former parliamentarian is entitled to pension: a. Has been a parliamentarian since b. Is sixty years old and above. c. Has not received pension from any other state institution. Article 23 Formula to calculate the pension of former parliamentarians depends on the remuneration and all other types of allowances for the last whole year of each parliamentarian, determined equivalent to 100% (one hundred percent). The monthly pension is calculated based on the length time of work as follows: years, obtained an index of 0.5% - Over 3 6 years, obtained an index of 1% years, obtained an index of 2% years, obtained an index of 3% - 16 years and above, obtained an index of 4% - Parliamentarians holding the position in three consecutive mandates are entitled to obtain an index of 4% Former parliamentarians shall receive their pension till their death, unless they are elected to be a parliamentarian. Article 24 Former parliamentarians who are not re-elected, after reaching the age of sixty years old, may obtain all their pension at once for the period of one year. Article 25 Parliamentarians have some assistants who work under contract, determined by the National Assembly Permanent Committee, and whose remuneration is covered by the National Assembly budget. To facilitate the work, the Secretariat General of the National Assembly assists parliamentarians through the formality identified in the internal regulations of the National Assembly.

6 Article 26 Parliamentarians who are in their position shall receive: - Immunity Card; - National Assembly insignia for placing on the shirt; - National Assembly logo; - National Assembly automobile number plate; - Personal Diplomatic Passport for the individual, spouse and children under 18; - National Assembly Uniform; - Decorations, twice per mandate; - Health insurance in public hospital of the Kingdom of Cambodia, by the National Assembly budget. Article 27 Civil servants or armed force elected to be a parliamentarian shall be automatically promoted and their seniority retained for his or her pension. Article 28 Parliamentarians currently in their position shall be entitled as His or Her Excellency. Former parliamentarians, after their mandate ended, shall retain their title as His or Her Excellency Former Parliamentarian. Chapter 5 Final Provision Article 29 Any regulations contradictory to this law shall be considered null and void. Royal Palace, Phnom Penh, 21 October 2006 Signed and sealed by: Norodom Sihamony Reported to and requested for the approval from the King Prime Minister Signed by: Hun Sen No: 402 Phnom Penh, 24 October 2006 Signed and sealed by: Deputy Secretary General of Government Khun Chin Ken