Council of Ministers approves lèse majesté law, other amendments

Andrew Nachemson | Publication date 02 February 2018 | 13:35 ICT

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Prime Minister Hun Sen chairs a meeting of the Council of Ministers at the Peace Palace in Phnom Penh this morning, where a group of constitutional amendments were ratified. Facebook

The Council of Ministers ratified a group of contentious amendments to the Constitution and Penal Code today, including restrictions on freedom of association and a ban on insulting the king.

Phay Siphan, the Council's spokesman, confirmed that all proposed amendments had been approved, along with adjustments to the Penal Code and the laws governing the Constitutional Council.

The amendments, drafted under the supervision of CPP Vice President Sar Kheng,now go to the National Assembly for final approval.

In a speech yesterday, Prime Minister Hun Sen had said an amendment to the Penal Code would introduce a lèse majesté law. Such laws typically make it illegal to defame, insult or threaten a king or queen.

The proposed punishment for a conviction of violating the lèse majesté law is a prison term of one to five years and a fine of up to 10 million riel, or about $2,500.

Other changes to the code reportedly will include punishments for violating the new Constitutional restrictions, though those legal punishments have not been outlined.

The amendments have been criticized by rights groups – including Adhoc, Human Rights Watch and the Cambodia Center for Human Rights – both for the changes themselves and the lack of input from others with a stake in the outcome, especially civil society.

The ratified Constitutional articles include:

Article 34 

Provides that Electoral Law shall determine any provisions restricting the right to vote or the right to stand as a candidate for an election

Article 42 

Grants freedom of association and right to form political parties. Will require political parties to "place the country and nation's interests first".

Article 49 

States that “every Khmer citizen shall respect the Constitution” and has an “obligation to ... defend the motherland”. Amendment will forbid individuals from undermining the country’s interest.

Article 53 

States that Cambodia will never invade or interfere in another country's affairs. Amendment will declare that Cambodia “opposes any foreign interference in its internal affairs”.

Article 118 

Will allow secretaries of state to be appointed by Royal Decree rather than a National Assembly vote.

A previous version of this article said that the proposed punishment for violating the lèse majesté law would include a fine of up to $10 million. It is in fact 10 million riel. The Post apologises for any confusion caused.