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(20).  Rule of Law

In the NPRS, the Rule of Law is addressed in Section 4.4. (Strengthening Institutions and Improving Governance), under Reforming the Justice Sector (4.4.1.).

The NPRS states that “With peace, security and stability restored, the Legal and Judicial Reform takes central stage as a critical element of the Royal Government change agenda. The ultimate objective is to provide the conditions necessary for the promotion of personal and property rights and a robust private sector as agent of growth. Reforming Justice is an ongoing and incremental process that must be sustainable. It therefore must be firmly anchored into such values and principles as a liberal democracy, separated state powers, the rule of law and the rights of citizens.”

Immediate policy priorities are to:

• “align the Justice Sector to poverty alleviation efforts;” and,
• “complete the work relating to both the Civil Code and the Penal Code and to facilitate Cambodia’s integration into the world economy.”

The NPRS observes that “For a variety of reasons, progress has not been as rapid as was desired. Yet, with limited resources, there has been, nonetheless significant achievements. On the legal side, important laws were enacted from laws relating to investment, trade and commerce to a law on land management and laws on basic rights. Numerous decrees and sub-decrees have been promulgated in support of due process and effective implementation. The Land Law itself is a significant achievement of participatory democracy to address a core cause of poverty, landlessness. Laws governing broad sectors of society and to curtail trafficking and violence will soon be adopted.”

Progress to date also includes:

• a Council for Legal and Judicial Reform  (CL& JR) was established by Royal Decree “to direct and coordinate efforts to reform Justice;”

• “the Statute of the Magistracy is reaching the final stages of approval;”
• “the remuneration of key court officials has been increased to levels commensurate with that of most senior officials in the Civil Service;”
• "the Supreme Council of the Magistracy is being strengthened;
• “the Royal School of Magistracy has been established to train and develop magistrate and their staff;”
• “law enforcement officers and lawyers are being trained at the School for Lawyers;” and,
• “budgets for the Judiciary are being reviewed and, starting in 2003, will be separated from that of the Executive;”
• “The Penal Code and Procedures are being readied for presentation to the Council of Ministers and referral to the Legislative Branch in early 2003, with the Civil Code and Procedures following within a matter of months.”

Section 6.1 of the NPRS shows one indicator regarding Legal and Judicial Reform: Percentage of provinces and municipalities with at least 3 judges and prosecutors. Target (time frame?) is not yet set.

In the Annex 3 Matrix, Section 4.1. (Reforming the Justice Sector) lists six strategic objectives:

• Accelerate reform of the Justice Sector;
• Improve protection of fundamental rights (partnerships for legal aid);
• Modernize the legal framework;
• Provide better access to information and services;
• Introduce alternative dispute resolution mechanisms (e.g., establish Commerce Court, Administrative Court);
• Provide for conditions of effectiveness

Many of the actionable measures are somewhat vague, and do not have corresponding indicators and targets. Under Objective 2 concerning the protection of fundamental rights, the NPRS suggests referring to “relevant documentation for information.”

NGO Action:

In the NGO CG Statement, NGOs noted that the RCG has made some effort in the areas of Good Governance, Civil Administration Reform and Judicial Reform. NGOs still have serious concerns about “the RGC’s apparent inability to institute fundamental reforms to strengthen and promote democracy, human rights, and the legal and judicial system,” and notes that RCG has not taken “significant steps to tackle Cambodia’s key problems of corruption, impunity, and political violence.

Note: Additional references concerning the Rule of Law are also found in sections concerning Governance and Transparency, Child Rights, and Land Reform. Many suggested NGO actions are relevant to Rule of Law.

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