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NGO STATEMENT

I. Introduction

II. Achievements

III. Development Priorities

    1. Development of Human Resources

    2. Alleviation of Poverty

    a. Protecting Land Rights

    b. Quality of Life

    c. Protecting the Natural Resource Base

    d. Preparing for the Impact of HIV/AIDS

            3. Respect for the Rule of Law

    a. Reducing Impunity

    b. Strengthening the Judiciary

    c. Neutral and Effective Police and Military

    d. Demobilization

IV. Conclusion


INTRODUCTION                     [TOP]

The NGO community in Cambodia, comprising over four hundred local and international organizations, welcomes the opportunity to contribute to the third Consultative Group (CG) meeting on Cambodia. This marks the seventh occasion that NGOs participate in the annual meetings with Royal Government of Cambodia (RGC) officials and multilateral and bilateral donors on development assistance to Cambodia. We appreciate the inclusion of NGOs at the CG meeting as an acknowledgement of the role of NGOs in the development efforts of Cambodia. NGO field staff are well placed to observe the impact of government and donor efforts on the lives of Cambodians, especially those living in rural areas. It is through this lens of operational experience that NGOs in the country can help to inform discussion about development.

As the development focus in Cambodia shifts from meeting immediate needs to medium and long-term objectives, government, NGO and donor efforts must emphasize laying the foundations of a nation. The NGO community wishes to reaffirm its commitment to assist the Cambodian people in their efforts to rebuild their country. In the view of the NGOs, three themes continue to stand out as priorities:

  1. Development of human resources
  2. Alleviation of poverty
  3. Respect for the rule of law

They are relevant to many of the specific issues that both confront the RGC and concern the international donor community.

NGOs want to be partners in development with government at all levels and, to do so, need a transparent and supportive framework for collaboration. The proposed NGO law should affirm the Constitutional guarantee of freedom of association as well as provide clear guidelines for NGO operations in Cambodia.

Government regulation should structure a framework that provides the right balance between regulation and facilitation so that scarce government resources need not be committed to managing a complex regulatory framework. We are certain that donors desire a flexible and facilitative legal framework that encourages NGOs to realize their full potential and makes the most efficient use of the donor funding provided through these organizations.

This statement represents a collaborative effort between three formal NGO membership organizations -- the Cooperation Committee for Cambodia (CCC), the NGO Forum on Cambodia and the MEDICAM association of NGOs working in health, along with the input of 11 sectoral working groups. The working group papers and additional information about the NGO sector in Cambodia are attached as appendices.

II. ACHIEVEMENTS                      [TOP]

Reflecting on the events since the last CG meeting, the NGO community notes with respect progress made in the effort to establish peace and contribute to the well-being of the Cambodian people:

For the first time in almost thirty years, peace and security are returning to Cambodia. A major obstacle to development has been removed, opening the way for long-term planning and investment, in addition to assuring a more secure future for the people.

Transition to a multi-party political system provides an environment for public debate on issues of importance to Cambodian society. The process of debate will ensure that decision makers study all sides of an issue prior to formulating policy.

In December 1997, the RGC was among the nations who signed the Mine Ban Treaty in Ottawa. NGOs are grateful to the Prime Minister for his pledge at a recent Cambodian Mine Action Center conference that ratification of the treaty would be passed to the National Assembly for approval as soon as possible after the formation of the new government.

The RGC has successfully conducted large-scale projects, such as the March 1998 national census which mobilized over 33,000 civil servants, and the national immunization campaigns which enlisted the services of 40,000 health workers and volunteers.

III. DEVELOPMENT PRIORITIES                      [TOP]

NGOs remain committed to collaborating with the RGC and donor community to work towards sustainable and equitable development in Cambodia. Fundamental to long-term socio-economic development is the development of human resources.

1. DEVELOPMENT OF HUMAN RESOURCES                  [TOP]

The foundation for the long-term development of a country rests on the skills and the knowledge of its people. NGOs' understanding of human resource development extends beyond discrete training programs and is based on the principle that development is about people. People should come first in the design and implementation of development projects.

Donor agencies must continue to support human resource development as fundamental to the realization of all other policies.

The role of donor agencies is to support the government. Many Cambodian ministries are now well placed through technical donor support to develop strategic plans and policies for their sectors. In view of this, donor agencies should support policy lines set by the RGC and avoid promoting competing agendas.

Donor projects should follow policy lines set by the RGC and avoid over-extending government agencies.

The human resource base is undergoing a transformation as more Cambodian professionals take on increasing responsibilities. No amount of investment in human resources, however, can be put to full use if committed professionals do not stay with jobs that make effective use of their skills. NGOs continue to recognize the difficulties faced by partner government staff who are underpaid, underemployed, and forced to find means of their own to assure their livelihood.

Current donor administrative reform centers mainly around the reduction of civil servants. Only when administrative reform mechanisms are put in place to provide adequate remuneration will we see the end of the problems of motivation and corruption that plague the government departments, especially at provincial, district and commune levels. NGOs urge donor agencies and the RGC to make administrative reform, including increasing the salaries of civil servants, a priority.

Encourage the RGC to put into effect a stable and realistic government salary system. Remuneration should be linked to an impartial performance-based scale to ensure that quality services are rendered.

Provide technical assistance to support the administrative reform which is crucial to ending the lack of motivation, and corruption that plagues government departments. This needs to be combined with effective anti-corruption measures and awareness programs.

Substantial support for training and technical assistance is required to develop Cambodia's human resources at all levels. Greater technical and analytical skills are needed to enhance the understanding of root causes of problems and for government institutions to better plan and implement appropriate responses. It is these skills which contribute to institution building at all levels of government.

NGOs would also like to stress the importance of adopting a longer-term approach to capacity building, both at the individual and institutional level, and remind donors of the problems associated with short-term technical assistance. Short-term projects and initiatives that do not pay adequate attention to the implementation and evaluation phases run the risk of having limited impact and diminished effectiveness.

Donor agencies should continue to include upgrading technical and professional skills within all sectors as a priority.

Human resource development and investments in programs are enhanced when government systems are transparent. The experience of the NGOs in Cambodia has been that when budgets are made public and there is an open exchange of information, the use of resources more closely reflects the original allocation. For example, in 1998, Departments of Health that made their health care budgets public demonstrated a more effective use of resources.

2. ALLEVIATION OF POVERTY                      [TOP]

In the period of high economic growth prior to 1997, economic indicators showed a growing income disparity between sections of the population, with increasing numbers of marginalized groups. Specifically, the productivity of agriculture did not keep up with the population growth and the corresponding increase in the rural labor force. Although the economy was growing, the 80% majority of the population living in the countryside were worse off.

Essential to equitable development in Cambodia are the protection of land rights, the improvement of the quality of life of the majority of the population, the protection of the environment, and a well-defined strategy to help families deal with the social costs of HIV/AIDS.

a. Protecting Land Rights                          [TOP]

Of special concern to NGOs is the increase in landlessness. The Cambodian traditional social safety net relies on most people having enough land for subsistence farming. Whereas 10 years ago 95% of Cambodians occupied their own land, today the figure has drastically fallen without a proportionate increase in off-farm employment. The main causes of the increase in landlessness include the high cost of rural credit, privatization of forests and wetlands, ineffective land laws, poor administration of land rights, and forced expropriation.

Donor and government agencies need to recognize landlessness as one of the root causes of poverty and place emphasis on appropriate protection and administration of land rights as a necessary condition to development.

B. Quality of Life                      [TOP]

Socio-economic indicators that measure the quality of life of the people are currently discouraging for Cambodia and the outlook for the near future is not optimistic. Special attention, rapid response, and long-term timeframes are needed to address these problems.

Although Cambodia produces enough food to feed its entire population, 40% of the people do not have adequate access to food. To illustrate, in 1998 the World Food Program supported 1.7 million Cambodians - 15% of the population - for an average of 45 days (14%). According to the Ministry of Planning's Cambodia Human Development Report 1998, 49% of children under the age of five are moderately to severely underweight, the cost of which will be felt both now (in terms of poor health) and in the future with limited abilities and capacities to carry out everyday life activities. The next generation is being jeopardized.

According to the March 1998 census, the population of Cambodia now stands at 11.4 million. The population growth rate is estimated at 2.4%. At this rate of growth, the population of Cambodia in 2020 will exceed 19 million, putting additional strain on already limited resources.

Population growth is accompanied by an increase in the number of workers entering the work force every year. In 1997 the number of additional people looking for work was estimated at 135,000 per year. With 45% of the population currently under the age of 15, this number will increase rapidly and the economy will not be able to absorb the growing workforce. The growth of GDP, due to the growth of the industry and service sectors in the years prior to the 1997 fighting, mask the much smaller growth in agriculture. Thus, the majority of people are less well off than indicated by the national GDP figures.

The UNDP human development index (HDI) for Cambodia, a composite measure of longevity, educational attainment and standard of living, is one of the lowest of any Asian country. When urban and rural areas are considered separately, the HDI for rural areas is about one-third of the index for urban areas. It is estimated that up to 24% of Cambodians in urban areas live below the poverty line, while the estimate is as high as 40% for people living in the countryside. In addition, these estimates do not reflect the large numbers of people who live just above the poverty line.

In education, the statistics are equally poor: for every 1000 children who enter Grade 1, only 69 graduate in 6 years. Of the original 1000, only 50 enter junior secondary school, and less than 20 graduate from secondary school. A tiny fraction of the initial cohort continues to the tertiary level. Adequate investments in the future are not being made.

Efficient use of donor aid requires investing in the rural sector where most of the population is located. An increased proportion of this assistance needs to be made in the form of structural changes and investments in the future that focus on vulnerable groups.

Donors need to focus more assistance on the social sectors such as education and health, especially programs that have important implications for the welfare of women and children.

The socio-economic situation of Cambodia should be evaluated on growth in rural areas and should not be overshadowed by growth in the industrial and service sectors.

Since the signing of the Mine Ban Treaty in December 1997, an additional 1,600 or more people in Cambodia have fallen victim to landmines and unexploded ordnance. The ratification of the Mine Ban Treaty will mark not the end, but a new beginning in the battle against the scourge of landmines, and donor assistance will be needed for some period of time to come. NGOs call on donor agencies to:

Maintain support for all the vital components of mine action programs - de-mining, mine awareness, victim assistance, and mine incident data gathering - and collaborate with government and NGOs in directing services to rural communities affected by mines.

Ensure that de-mined land is returned to the displaced and landless poor. Land allocation and ownership issues need to be resolved before mine clearance begins, followed by adequate monitoring of land use after de-mining.

Poor health is another factor contributing to poverty due to the high cost of health care. According to CDRI, "evidence from case studies suggest that expenditures related to illness are often the main factor behind indebtedness." NGOs working in health are concerned that although the Ministry of Health is introducing user fees, no provision is made to ensure that the poor continue to have access to affordable health care.

NGOs urge donors to approach the issue of user fees with caution and focus on improving the quality and care of health services.

c. Protecting the Natural Resource Base                      [TOP]

Through working with rural populations, NGOs have come to appreciate the close relationship between rural people and the natural environment. The shift from a command economy to a free market economy has had a strong impact on the livelihoods of rural communities. For this reason, NGOs have been following closely the progress of developments in forestry and fisheries policy, environmental law enforcement and environmental impact assessment.

NGOs agree with international donors that Cambodia’s natural resources need to be better managed and that revenues need to be directed to the national budget. However, NGOs bring an additional perspective, focused on the need to preserve the food security and livelihoods of subsistence-based communities.

The NGO community in Cambodia would like to voice concerns regarding the privatization of forest and fisheries resources at the expense of local communities who rely on these resources to meet their livelihood requirements. Traditional community access to forest and fisheries resources has been eroded rapidly in recent years through privatization of these resources to commercial interests.

NGOs call on donor agencies to support the preparation of legislation and policy-frameworks in the forestry and fisheries sectors, so as to ensure recognition of community needs and community participation in the management of natural resources.

NGOs recognize the difficulties of law enforcement in Cambodia and of enforcing forestry legislation in particular. Nevertheless, donors need to ensure that the RGC takes decisive action to better manage and enforce sustainable forestry practices in Cambodia:

Giving local communities a greater role in the management and use of forests, with appropriate technical support, will lead to better forest management.

Strong political will from the highest levels of government is needed to stop the practice of issuing permits for illegal and unsustainable logging activities.

d. Preparing For The Impact Of HIV/AIDS                      [TOP]

The socio-economic impact of HIV/AIDS is beginning to be felt by the average Cambodian as family members fall ill. It places an added burden on them as they learn to care for their family members and struggle to find ways to pay for the high costs of medical care associated with HIV/AIDS. The National Center for HIV/AIDS estimates that today 1 out of 150,000 Cambodians or 2.8% of 15-49 year-olds is HIV positive. In all 18,612 cases of AIDS patients have been reported and it is estimated that 6,689 deaths in 1998 were due to complications of HIV/AIDS such as tuberculosis, pneumonia and meningitis. Only 30% of cases are believed to be reported.

Current UNDP projections estimate that the number of people with HIV/AIDS in 2008 will vary between 190,000 and 538,000 depending on when the epidemic peaks. The average age of the HIV/AIDS patients is 18-38, in other words from the most productive sector of society. They are also parents: it is estimated that 5,500 orphans have already lost their parents to the epidemic and need to be cared for.

In view of these statistics, the NGOs urge donor agencies to:

Provide more funding for the care of HIV/AIDS patients. Less than 3% of the $5.5 million dollars allocated for all HIV/AIDS programs in Cambodia in 1998 was for care. More attention must be focused on social service ministries which can provide services to HIV/AIDS patients and their families.

Support additional RGC-NGO collaborative efforts, such as government sub-contracting to NGOs in regions where the NGOs are more strategically positioned. RGC-NGO collaboration in HIV/AIDS in Cambodia is high; but at present, NGOs are still in a better position to work in rural areas and to do outreach activities.

3. RESPECT FOR THE RULE OF LAW                      [TOP]

The overriding objective of the First Socio-Economic Development Plan (1996-2000) is to "achieve a fair, just and peaceful society …[which] requires the establishment of the rule of law and an impartial judicial and enforcement process." The continued absence of the rule of law in Cambodia is probably the single most important obstacle to development in the country, impeding both local and foreign investment, internal trade, public confidence in the government, and most important -- the security and general well-being of the people. The significance of the rule of law lies in protecting the most vulnerable who do not have the means to protect themselves.

For a country to develop, there is a need for effective government institutions which uphold the rule of law. These institutions need to operate through laws and regulations which adhere to basic human rights and promote the well-being of the people. The adoption and enforcement of such laws and regulations require both political will and fair, impartial and efficient mechanisms.

The most important elements of the rule of law are accountability, an independent judiciary, neutral police and armed forces, and the presence of a civil society. It is only when all of these are present that people's basic rights are secured. Particular to the current situation in Cambodia is the need for the successful demobilization and disarmament of the armed forces.

a. Reducing Impunity                      [TOP]

Impunity in the Cambodian context means that members of the police, military and other armed forces are protected from prosecution. The roots of impunity should be addressed by the donor countries and agencies in their deliberations with the RGC. Impunity hampers the investigation of crimes and human rights abuses and the rendering of justice by judges by allowing military, police and other government personnel to be placed above the principle of equality before the law.

Donor governments and agencies can promote accountability by:

Allocating funds for projects that aim at increasing the knowledge of law enforcement officials on the rule of law and human rights; supporting the development of an independent Human Rights Commission; supporting the investigation of all human rights abuses, especially politically-motivated attacks; acquiring material resources in order to allow law enforcement officials to investigate a larger number of cases; increasing the salaries of law enforcement officials in order to decrease their susceptibility to corruption.

Urging the RGC to amend the Law on Civil Servants in order to abolish Article 51 requiring prior permission from the Head of the Ministry to prosecute a low-ranking civil servant and prior permission from the Council of Ministers to prosecute higher-ranking civil servants.

b. Strengthening the Judiciary                      [TOP]

Even though progress has been achieved with regard to the strengthening of the judiciary, the NGO community is still concerned about the lack of judicial independence in the Cambodian legal system. Also of concern are insufficient training and susceptibility to corruption. To ensure the independence of the judiciary, the NGO community encourages donors to:

Allocate funds to establish an institute for the training of new and practicing judges and lawyers; provide material resources necessary for the courts to carry out their work in a professional way; and increase the salaries of members of the judiciary.

The RGC has one of the most forward-looking and progressive legal and policy frameworks in the region to ensure the rights of women. It has ratified a number of UN and other international conventions to further the welfare and rights of women. Unfortunately, enforcement of these international and national obligations has been weak. NGOs call on donors to:

Strengthen the capacity of the legal, judicial and police systems to provide protection and assistance for women and children who are victims of all forms of abuse, exploitation and violence.

Encourage the RGC to make public the drafts of the criminal code and the criminal procedure law, as well as the civil code and the civil procedure law.

Encourage progress toward an independent judiciary through the clear definition of the duties and functions of the Ministry of Justice; restriction of interference by the Ministry of Justice with the work of judges; and severance of the links between the Supreme Council of Magistracy, the Ministry of Justice and the prosecutors.

c. Neutral and Effective Police and Military                      [TOP]

Neutral and effective police and military forces are essential to end Cambodia's impunity and to establish the rule of law. Law enforcement and protection of the Cambodian people are new to the Cambodian armed forces, who require assistance and encouragement in order to successfully assume this role.

In order to develop and rebuild itself under the newly-formed government, Cambodia will require police and military forces who uphold and follow the laws of Cambodia. Therefore, we call on the donors to direct funds toward promoting professional and neutral armed forces well-trained to understand and respect the neutral role of the armed forces, the importance of laws as the basis for a just and equitable society, and respect for human rights. In particular:

Support projects to increase the awareness among law enforcement and military officials regarding human rights, Cambodian law and international conventions regarding the conduct of military officials.

Encourage progress toward the establishment of a neutral police and military and in holding police and military officers accountable for any abuses they commit.

d. Demobilization                      [TOP]

Cambodia is at a key juncture. There is a much better chance for the development process to gain momentum now that the political turmoil has eased and the fighting has ended. However, there is also a risk that Cambodia may become a platform for organized crime in Asia.

NGOs welcome the RGC's plan to reduce the size of the military and police by 79,000 and implement thorough reform of the armed forces. NGO studies have shown widespread support in Cambodia for efforts to reduce the number of weapons and practice of using weapons in Cambodian society. For reintegration to be successful, demobilized forces must be able to have the skills and means to make a living.

Without disarmament there is a high risk that those with weapons may use their power to get into a range of illegal activities such as trafficking of drugs, women and children, weapons and illegal exports.

NGOs want to caution donors and the RGC that the demobilization and disarmament process must be carefully carried out and include a comprehensive reintegration plan which provides vocational training, adult literacy, land, housing, income generation activities and access to social services for demobilized soldiers and their families.

IV CONCLUSION                      [TOP]

The NGO community recognizes the important role that donor agencies play in the development of Cambodia. NGOs support structures and networks that encourage more effective consultation and aid coordination. In addition, NGOs believe that proper consultation with local communities should precede any decision to go ahead with projects. Specifically, public participation in the planning of large scale projects is important to ensure transparency and accountability, to avoid polarization of public opinion, and to ensure that community needs are properly addressed.

Cambodia needs concrete results in the areas of human resource development, poverty reduction and respect for the rule of law in order to achieve the goal of sustainable equitable development. The NGO community shares with the Cambodian people their quest for a peace dividend in the form of:

Action on the part of the RGC to follow up on pledges to establish the rule of law and protect Cambodia's natural resources.

Reduction and reform of the armed forces which take into consideration appropriate programs to help demobilized soldiers reintegrate into civil society.

Increased expenditure and investment in the social sectors, particularly health and education.

Increased attention and commitment to the rural areas and the agriculture sector to promote a better quality of life for the majority of Cambodians.

A move toward more openness by the RGC to include wider consultation and deliberation, and to facilitate public participation with regard to the drafting of laws and policy formulation.

The NGO community in Cambodia wishes to take this opportunity to reaffirm its commitment to the people of Cambodia and the Royal Government of Cambodia as we enter a new era of peace and stability.