This is the first in a series of monographs on different aspects of the legal reforms needed in Cambodia, covering the three most important aspects of the legal system: the police, prosecutors and judiciary.

The purpose of this series is to provoke discussion on vital matters relating to the rule of law, human rights and good governance in Cambodia. As Cambodian publications on these issues are extremely limited, the series aims to encourage comment, discussion, further research and publication. Cambodia is sorely in need of further debate in these areas.

The Cambodian justice system requires the following reforms:

• Reform of the police system;
• Reform of the prosecution system; and,
• Reform of the judicial system.

The rudimentary system that exists now needs rapid improvements, including enactment of basic laws such as a penal code, a criminal procedure code and a law relating to the judiciary and the police. It also requires human resource development to allow for the placement of persons with basic qualifications as judges, prosecutors and senior police. A transparent salary system with adequate remuneration for those holding these posts is a prerequisite. Reform of the higher judiciary, particularly the Supreme Court, is one of the most urgent needs. The fulfillment of these conditions is essential for compliance with the International Covenant on Civil and Political Rights (particularly Article 2), which Cambodia has ratified and incorporated into its Constitution.

This first monograph, Comments on the Constitution of the Kingdom of Cambodia, examines the constitutional framework of the country established with the adoption of a new constitution in September 1993, which set the foundation for a liberal democracy. It underwent amendments to accommodate the Senate in March 1999. In this manuscript, the amendments to the original Constitution of 1993 have not been discussed in detail. In particular, Chapters VIII & IX pertaining specifically to the Senate and its role have been omitted from this text and will instead be incorporated into a subsequent publication. However, for the sake of convenience, numbering of articles has been done in accordance with the amendments of 1999. A translation of the amended Constitution (with amendments marked) may be found at the National Assembly website, www.cambodian-parliament.org/constitution1/constitution1.htm or the Embassy of Cambodia in Washington D.C. website, www.embassy.org/cambodia/government/constitution.htm.

Justice H. Suresh, the author of this manuscript, was previously Chief Justice of the Bombay High Court, India, and is a well known contributor to human rights issues in the Asian region. He has participated in several workshops on legal reforms in Cambodia.

This series is jointly prepared by the Asian Human Rights Commission, Cambodian Defenders Project and Danish Centre for Human Rights.