R O YAL D EC R E E

O N TH E R E C O G N IT IO N O F TH E C A M B O D IA N R ED C R O S S

R O YAL D EC R E E

ON TH E U SE A N D P R O TE C TIO N

O F TH E R ED C R O S S O R R ED C R E S C E N T EM BLEM

TABLE OF CONTENT

1. Royal Decree on the Recognitionof the Cambodian Red Cross in Khmer

2. Royal Decree on the Recognitionof the Cambodian Red Cross in English

3. Royal Decree on the Use and Protectionof the Red Cross or Red Crescent Emblem in Khmer

4. Royal Decree on the Use and Protectionof the Red Cross or Red Crescent Emblem in English

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ROYAL DECREE

ON THE RECOGNITION

OF THE CAMBODIAN RED CROSS

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KINGDOM OF CAMBODIANation - Religion - King

Reach Kreton the

Recognition of the Cambodian Red Cross

We,

Preah Bat Samdech Norodom Sihanouk,

King of the Kingdom of Cambodia

- Having seen the Constitution o f the Kingdom o f Cambodia;- Having seen Reach Kret N° NS/RKT/1198/72, dated November

30, 1998 on the Appointment o f the Government o f the Kingdom o f Cambodia;

- Having seen Reach Kram N° 02/NS/94, dated July 20, 1994, promulgating the Law on the Organization and Functioning o f the Council o f Ministers;

- Having seen Reach Kret N° 378/NS, dated June 16, 1958 onthe Recognition o f the Cambodian Red Cross;

- Pursuant to the proposal o f the Prime Minister o f the RoyalGovernment o f Cambodia

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ORDERS

SECTION I General Provisions

Article 1:

The present Royal Decree recognizes the Cambodian Red Cross as a voluntary aid society, which shall henceforth be known as " The Cambodian Red Cross ".

Article 2:

The Cambodian Red Cross is the successor o f the Cambodian Red Cross established on February 18, 1955, with the aim o f providing relief assistance and to act as an auxiliary to the public authorities in the field of humanitarian affairs. The Cambodian Red Cross was recognized by the International Committee o f the Red Cross (ICRC) on October 7, 1960 and admitted as a member o f the International Federation o f Red Cross and Red Crescent Societies on October 8, 1960.

Article 3:

The Cambodian Red Cross shall act in accordance with the seven Fundamental Principles o f the International Red Cross and Red Crescent Movement, which are: Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity and Universality.

Article 4:

In times o f armed conflict, the Cambodian Red Cross is hereby recognized and authorized to render assistance to the medical services o f the armed forces in times of armed conflict, on the basis o f the Geneva Conventions o f August 12, 1949 (acceded to by the Kingdom o f Cambodia on 08.12.1958) and their Additional Protocols o f June 8, 1977 (acceded to by the Kingdom o f Cambodia on 14.01.1998).

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The Cambodian Red Cross shall act at all times in accordance with its Statutes, Rules o f Procedure and Financial Regulations as adopted by the organization.

Article 6:

The Cambodian Red Cross shall be authorized to use the emblem of the red cross on a white background as stipulated in its Statutes and in conformity with the Geneva Conventions o f 12 August 1949, their Additional Protocols o f 8 June 1977, and the Regulations on the Use o f the Emblem by National Societies as adopted by the 20th International Conference o f the Red Cross and Red Crescent, and subsequent amendments.

Article 5:

SECTION II Objectives

Article 7:

The objective o f the Cambodian Red Cross is to prevent and alleviate suffering with complete impartiality, making no discrimination as to nationality, race, gender, religious beliefs, class, political opinions, or other conditions.

Article 8:

In order to implement its objective as defined by Article 6 o f this Royal Decree, the Cambodian Red Cross shall carry out its functions in accordance with its statutes and regulations, the international treaties to which Cambodia is a party and the Resolutions o f the International Conferences o f the Red Cross and Red Crescent and other official documents o f the International Movement o f the Red Cross and Red Crescent.

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SECTION III Scope o f Application

Article 9:

The Cambodian Red Cross is the only National Society of the Red Cross in Cambodia and carries out its humanitarian activities throughout the entire territory of Cambodia.

Article 10:

The Cambodian Red Cross shall at all times act in conformity with the Geneva Conventions and their Additional Protocols, the laws of the Kingdom of Cambodia and the Fundamental Principles o f the International Red Cross and Red Crescent Movement and Resolutions as adopted by the International Conferences o f the Red Cross and Red Crescent, and other official documents o f the International Movement o f the Red Cross and Red Crescent.

Article 11:

The public authorities shall at all times respect the adherence by the Cambodian Red Cross to the Fundamental Principles of the International Red Cross and Red Crescent Movement as required by Resolution 55(I) of the General Assembly o f the United Nations adopted on 19 November 1946.

Article 12:

As a member of the International Red Cross and Red Crescent Movement the Cambodian Red Cross can undertake any activities it sees fit with the cooperation and in coordination with the International Committee of the Red Cross (ICRC), the International Federation of Red Cross and Red Crescent Societies (The Federation) and other National Red Cross and Red Crescent Societies.

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SECTION IV Duties and Responsibilities

Article 13:

The Cambodian Red Cross shall comply with its duties as a component of the International Red Cross and Red Crescent Movement and as a member of the International Federation of Red Cross and Red Crescent Societies.

Article 14:

The Cambodian Red Cross shall have a governance and a management structure as stipulated and defined by its Statutes.

Article 15:

The Cambodian Red Cross can at any time revise its Statutes, Rules of Procedure and Financial Regulations by following the processes established by the organization.

SECTION V Budget, Resources

Article 16:

The Cambodian Red Cross will manage its own budget, resources and any profits and donations resulting from any o f its activities and mission. Moreover, the Cambodian Red Cross may constitute and administer any reserve, insurance, social or other funds for its staff or any o f its activities.

The Cambodian Red Cross, within the limits laid down by its objectives and functions, may acquire, own and administer such property and commercial enterprises as it

Article 17:

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deems fit. It may accept any conveyance o f real estate to its use or benefit.

Article 18:

The Cambodian Red Cross may, in accordance with its objectives and functions, accept or reject unrestricted contributions and assistance in any form from individuals, the public authorities and private or public entities.

It may accept, as an agent or trustee, funds or property in trust or earmarked for particular use, provided that such use is within the general scope o f its objectives and functions.

Article 19:

Taxes and other official charges, including value added tax (VAT) and customs' duties, levied on the income of the Cambodian Red Cross resulting from the latter's assets and real estate, as well as the revenue from the latter's income generating activities, shall be covered by the Government.

Article 20:

Donations made to the Cambodian Red Cross by any individual or legal entity, including inheritance, shall benefit from tax exemption.

Article 21:

The public authorities shall make provisions in order to cover the cost o f any service or activity, which they may entrust to the Cambodian Red Cross within the scope of its objective and functions. The conditions for the implementation o f such services or activities shall be laid down in agreements between the Cambodian Red Cross and the relevant public authority.

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The Cambodian Red Cross shall at all times respect and be bound by the laws o f the Kingdom of Cambodia and their regulations. It shall undertake any necessary measures to ensure its compliance with the latter.

SECTION VIF ina l p rovisions

Article 23:

All regulations contrary to this Royal Decree are hereby abrogated.

Article 24:

The Prime Minister o f the Royal Government of Cambodia shall implement and enforce this Royal Decree from the date of signature.

Made in the Royal Palace Phnom Penh, May 06, 2002

Signature

Norodom Sihanouk

prs. 02.05.00123

Article 22:

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ROYAL DECREE

ON THE USE AND PROTECTION

OF THE RED CROSS OR RED CRESCENT

EMBLEM

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KINGDOM OF CAMBODIANation - Religion - King

Reach Kreton the

Use and Protection of the Red Cross or Red Crescent

Emblem

We,

Preah Bat Samdech Norodom Sihanouk,

King of the Kingdom of Cambodia

Having seen the Constitution o f the Kingdom o f Cambodia;

- Having seen Reach Kret N° NS/RKT/1198/72, dated November 30, 1998 on the Appointment o f the Government o f the Kingdom o f Cambodia;

Having seen Reach Kram N° 02/NS/94, dated July 20, 1994, promulgating the Law on the Organization and Functioning o f the Council o f Ministers;

Having seen Reach Kret N° 378/NS, dated June 16, 1958 on the Recognition o f the Cambodian R ed Cross;

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Having seen article 26 o f the First Geneva Conventions o f 12 August 1949, and the resulting obligations fo r the Kingdom o f Cambodia, and the Additional Protocols o f 8 June 1977, including Annex I to Additional Protocol I as regards the rules on identification o f medical unit and transports;

Having seen the "Regulations on the Use o f the Emblem o f the Red Cross or Red Crescent by the National Societies ", as adopted by the 20th International Conference (Vienna, 1965), and subsequent amendments;

Pursuant to the proposal o f the Prime Minister o f the Royal Government o f Cambodia

ORDERS

SECTION I General provisions

Article 1:

The present Royal Decree regulates the use and protection o f the emblem o f the red cross and red crescent on a white background and o f the distinctive signals for the identifi­cation o f medical units and transports in the Kingdom o f Cambodia.

Article 2 :

In time of armed conflict, the emblem used as a protective device is the visible sign o f the protection conferred by the Geneva Conventions and their Additional Protocols on medical personnel and medical units and transports. The dimensions o f the emblem shall therefore be as large as possible.

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The emblem used as an indicative device shows that a person or an object is linked to a Red Cross or Red Crescent institution. The emblem shall be of small size.

SECTION II Protective use o f the emblem

Article 3 :

Under the control of the Ministry o f National Defense, the Medical Service o f the Royal Armed Forces o f Cambodia shall, both in peacetime and in time o f armed conflict, use the emblem o f the red cross to mark its medical personnel, medical units and transports on the ground, at sea and in the air.

The medical personnel of the Armed Forces shall wear armlets and carry identity cards displaying the emblem. The Ministry o f National Defense shall issue these armlets and identity cards. Religious personnel attached to the armed forces shall be afforded the same protection as medical personnel and shall be identified in the same way.

Article 4 :

With the express written authorization o f the Ministry of Health and under its control, civilian medical personnel, hospitals and other civilian medical units, as well as civilian medical transports, assigned in particular to the transport and treatment o f the wounded, sick and shipwrecked, shall be marked by the emblem, used as a protective device, in time of armed conflict.

Civilian medical personnel shall wear armlets and carry identity cards displaying the emblem. These armlets and identity cards shall be issued by the Ministry o f Health.

Civilian religious personnel attached to hospitals and other medical units shall be identified in the same way.

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Article 5:

The Cambodian Red Cross is authorized to place medical personnel and medical units and transports at the disposal o f the Medical Service of the armed forces. Such personnel, units and transports shall be subject to military laws and regulations and may be authorized by the Ministry o f National Defence to display the emblem o f the red cross as a protective device.

Such personnel shall wear armlets and carry identity cards, in accordance with Article 3, paragraph 2, of the present Royal Decree.

The Cambodian Red Cross is authorized to use the emblem as a protective device for its medical personnel and medical units in accordance with Article 4 of the present Royal Decree.

SECTION III Indicative use o f the emblem

Article 6:

The Cambodian Red Cross is authorized to use the emblem as an indicative device in order to show that a person or an object is linked to the Cambodian Red Cross. The dimensions o f the emblem shall be small in size, so as to avoid any confusion with the emblem employed as a protective device.The Cambodian Red Cross shall apply the "Regulations on the Use o f the Emblem o f the Red Cross or the Red Crescent by the National Societies".

Other National Red Cross or Red Crescent Societies, present on the territory o f Cambodia, with the prior consent o f the Cambodian Red Cross, shall use the emblem under the same conditions.

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SECTION IV

Use o f the emblem by the international organisations o f the International Red Cross and Red Crescent

Article 7:

The International Committee o f the Red Cross and the International Federation o f Red Cross and Red Crescent Societies may make use o f the emblem at any time and for all their activities.

SECTION V Misuse o f the emblem o f the red cross and red crescent

Article 8 :

The public authorities o f Cambodia shall at all times ensure strict compliance with the rules governing the use o f the emblem o f the red cross or red crescent, the name "Red Cross" or "Red Crescent" and the distinctive signals. They shall exercise strict control over the persons authorized to use the said emblem, name and signals.

They shall take every appropriate step to prevent misuse, in particular by disseminating the rules in question as widely as possible among the armed forces, the police forces, the public authorities and the civilian population.

Article 9 :

The Cambodian Red Cross shall cooperate actively with the authorities in their efforts to prevent and repress any misuse. It shall be entitled to inform the Government o f such misuse and to participate in the relevant legal or administrative proceedings.

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SECTION VIRegistration o f associations, trade names and trademarks

Article 10:

The registration o f associations and trade names, and the filing of trademarks, commercial marks and industrial models and designs making use of the emblem of the red cross or red crescent or the designation "Red Cross" or "Red Crescent" in violation of the present Royal Decree shall be refused.

Only the Cambodian Red Cross shall be registered for the use of the red cross emblem.

SECTION VII Control measures and sanction o f misuse

Article 11:

Anyone who, wilfully and without entitlement, has made use of the emblem o f the red cross or red crescent, the words "Red Cross" or "Red Crescent", a distinctive signal or any other sign, designation or signal which constitutes an imitation thereof or which might lead to confusion, irrespective o f the aim o f such use, and in particular anyone who, in particular, has displayed the said emblem or words on signs, posters, announcements, leaflets or commercial documents, or has affixed them to goods or packaging, or has sold, offered for sale or placed in circulation goods thus marked, shall be punished according to the applicable law.

If the offence is committed in the management o f a corporate body (commercial firm, association, etc.), the punishment shall apply to the persons who committed the offence or ordered the offence to be committed.

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Article 12:

Anyone who has wilfully committed, or has given the order to commit, acts resulting in the death of, or causing serious injury to the body or health of an adversary by making perfidious use of the red cross or red crescent emblem or a distinctive signal, has committed a war crime and shall be punished according to the applicable law.

Perfidious use means appealing to the good faith of the adversary, with the intention to deceive him and make him believe that he was entitled to receive or was obliged to confer the protection provided for by the rules of international humanitarian law.

Article 13:

Owing to the confusion which may arise between the arms o f Switzerland and the emblem o f the red cross, the use of the white cross on a red ground or o f any other sign constituting an imitation thereof, whether as a trademark or commercial mark or as a component o f such marks, or for a purpose contrary to fair trade, or in circumstances likely to wound Swiss national sentiment, is likewise prohibited at all times; offenders shall be punished according to the applicable law.

Article 14:

The Courts shall have jurisdiction to order the seizure of objects and any material marked in violation of the present Royal Decree , to demand the removal o f the emblem of the red cross or red crescent and o f the words "Red Cross" or "Red Crescent" at the cost of the instigator of the offence, and to order the destruction of the instruments used for their reproduction.

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SECTION VIII Final provisions

Article 15:

All regulations contrary to this Royal Decree shall be abrogated.

Article 16:

The Prime Minister o f the Royal Government of Cambodia shall implement and enforce this Royal Decree from the date o f signature.

Made in the Royal Palace Phnom Penh, May 06, 2002

Signature

Norodom Sihanouk

prs. 02.05.00123

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This publication is made possible through the support o f the International Committee o f the Red Cross Regional Delegation. Published in 3 000 copies in December 2002