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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