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NGO Statement, 2000 Consultative Group Meeting On Cambodia


 GOOD GOVERNANCE

TABLE OF CONTENTS


NGO Statement to the 2000 Consultative Group Meeting on Cambodia

- Home.................................
- About us.............................
- Message.............................

- Introduction........................
- Progress.............................
- Good Governance..............
- Human Resource 
- Development
......................
- Reaching the Poor...............
- Conclusion..........................

Sectoral Papers..................

- Agriculture..........................
- Child’s Rights......................
- Commune Administration 
- and Decentralization
............
- Commune Elections.............
- Disability and Rehabilitation..
- Education............................
- Fisheries.............................
- Forestry Reform..................
- Gender and Development.....
- Good Governance................
- Health................................
- HIV/AIDS...........................
- Human Rights......................
- Landmines..........................
- Land Reform.......................
- Microfinance........................
- Weapons Reduction.............

General NGO Information...

References.........................






 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

Promotion of the Rule of Law

Adherence to the rule of law is a fundamental precondition for the realization of development in all sectors. The absence of the rule of law continues to constrain market development, public confidence in the legal system, and the security and general well being of the people.

A competent and independent judiciary is vital to development. The lack of judicial independence and level of corruption impedes people’s confidence in formal conflict resolution and encourages reliance on informal and sometimes violent means of dispute resolution. Moreover the absence of an independent judiciary discourages foreign investment and the development of a market economy. 

NGOs welcome the work currently in progress by the Ministry of Justice on the draft Criminal Law and Criminal Procedure Code and the Statutes on Judges and on Court Clerks. NGOs hope that such laws comply with international standards. This progress is essential for the proper functioning of the judiciary.

Whilst a number of laws and regulations have been drafted there is little public information available about the laws and the responsible implementing agencies, and little or no opportunity for public comment. Moreover we note that whilst there have been some impressive achievements with regards to the creation of laws there have been shortcomings in terms of their application and enforcement. 

  • NGOs recommend that the Supreme Council of Magistracy be strengthened and depoliticized in order to decrease impunity and corruption in the courts.
  • NGOs recommend that the Constitutional Council be provided with the resources to properly fulfill its mandate.
  • NGOs recommend widespread dissemination of information about laws and regulations.
  • NGOs express the hope that legislators will incorporate NGO input on draft laws, such as the draft criminal code and criminal procedure law, in order to ensure adherence to the rule of law and respect for human rights. 
  • NGOs recommend increased efforts to strengthen the independence and quality of the judiciary. 
  • NGOs recommend the formation of a formal donor working group on the rule of law and human rights, which would report directly to the Quarterly and Consultative Group meetings, in the same way as other working groups.

Promotion of Public Participation in State Affairs

The government is increasingly being encouraged to engage civil society in its implementation of reform measures. NGOs welcome this approach. Since last year the Council of Ministers has invited representatives of the NGO community to discuss various pieces of draft legislation, including the land law. The drafting of legislation and policy formulation should be transparent, broadly participatory and involve a range of stakeholders. 

NGO encourage the government to involve civil society actors, such as NGOs, associations and community organizations in the process of drafting legislation. NGOs urge the government to create the conditions for public participation in state affairs. A prerequisite to meaningful public participation is the dissemination of information so that participation can be genuinely informed.
  • NGOs recommend the direct involvement of local communities in the development of policies and laws that impact upon their lives.
  • NGOs recommend that the government publicize the mandates, rules and procedures of all executive institutions. For effective public participation information needs to be disseminated to rural areas, where the majority of the population reside.
  • NGOs urge the government to facilitate public dialogue on issues of national concern, such as National Reconciliation and a Khmer Rouge trial. 
  • NGOs recommend that donors be models of democratic process and promote public participation and openness when providing technical assistance.

Public Administration Reform

The government's ability to implement reform policies and deliver basic goods and services is crippled by a weak public administration. The civil service is overstaffed. In 1999 the total number of civil servants reached 163,000 or 1.4 civil servants per hundred population. 

Low salaries in the public sector and a low level of technical and managerial skills continue to impede the performance of civil servants. Corruption is widespread, undermining public confidence in the system of governance. 

NGOs are encouraged by the government's efforts to reform the civil service as reflected in the commencement of work on a civil service census and functional analysis of all ministries. NGOs commend the government's goal of comprehensive public sector reform with emphasis on programmes that will ensure the public sector focuses on a more limited yet appropriate agenda with a smaller work force that will be better motivated and paid. However NGOs express concern that women are not disproportionately the subject of efforts to reduce civil service staff.

  • NGOs recommend the introduction of a realistic government salary system linking remuneration to an impartial performance- based scale. NGOs observe that the ability of both the health and education sectors to deliver public services is constrained by a lowly paid and often poorly trained staff.
  • NGOs urge the government to make concerted efforts to address corruption, and promote transparency and accountability within the public sector.
Decentralization

For people living in towns and villages across Cambodia, the proposed changes to commune administration will be the most visible and far reaching of the government's reforms.

  • Given the scale and importance of changes to commune governance, NGOs recommend widespread public consultation and consensus building in the planning stage, including discussion on the proposed electoral system.
  • For the proposed decentralization model to be successful, substantial capacity building is needed. NGOs recommend that donors support capacity building and start-up funding. 
  • NGOs also urge the government to allocate a sufficient portion of its national budget to pay commune council salaries and operational costs together with a contribution to local development funds.
  • NGOs stress the need for the draft law on commune administration to reflect the lessons already learnt in decentralized planning, and provide for adequate inter- ministerial and inter-departmental coordination at national, provincial and sub-provincial levels.

Demobilization

The Royal Government of Cambodia plans to demobilize up to 55, 000 soldiers, including disabled, chronically ill, over-age soldiers and child combatants. NGOs encourage a government led demobilization plan and are pleased with the recent shift in emphasis towards the community reintegration of demobilized soldiers. Now that peace has been restored, NGOs hope that the role of the military can be redefined. NGOs stress the need to substantially reduce both military personnel and the defense budget as soon as possible. 
  • NGOs highlight the need to focus on community reintegration of demobilized soldiers and support for those communities into which demobilized soldiers will be integrated.
  • NGOs recommend that the demobilization process occurs as part of a broader demilitarization plan.
  • NGOs stress the need for broad participation of local, district and provincial authorities in the reintegration process. It is vital that local authorities have the capacity to implement the program.
  • NGOs recommend that the demobilization plan includes clear provisions for disarmament and destruction of collected weapons. 

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