NGO Statement on the

Commune Administration Law  

As NGOs committed to the social development of Cambodia, we are encouraged by the plans of the Royal Government of Cambodia for changes in commune governance.  We welcome the prospect of Commune Councils and their implications in terms of decentralisation, democratisation, and local development planning and management throughout Cambodia. 

These are major changes which will impact many aspects of the lives of Cambodian citizens.  Given the scale and importance of these changes, we believe that opportunities for public consultation and consensus building on these plans are vital, both with emerging Cambodian civil society, and with other significant actors in rural and community development.  We believe that this would significantly enhance the planning, implementation and effectiveness of these changes, as well as public understanding and awareness. 

Without having seen the latest draft of the law, it is difficult to make substantive comments.  However, there are several concerns about commune governance we would like to share, from our collective understanding and experiences in rural development in Cambodia. 

1.      Village participation and representation in development.  The development programs of NGOs and other agencies have demonstrated the need and effectiveness of ensuring clear processes and mechanisms which allow the genuine participation of villagers in development planning and action, and the representation of villagers' best interests in local governance.  We have also learnt that rural Cambodians identify strongly with their own villages and feel much less affinity with their commune.

·        Does the new law ensure the interests of all villages in a commune are taken into account, particularly if some villages have no direct representation on the Commune Council?

·        Does the new law ensure that, within each village, local decision making and development planning will involve effective participation from a broad and representative group of villagers?

·        Do the structures created under the new law link into and capitalise on the rural development structures already in place at the village and commune levels, e.g. village development committees, wat committees and other groups?

·        Does the new law clarify the status and role of existing local governance structures, especially that of village chiefs? 

2.      Inter-ministrial coordination in rural development.  Substantive gains have been made in rural development policy, structures and capacities of the Royal Government since 1993, with much involvement from NGOs, IOs and the UN, particularly the CARERE project in decentralised planning and bottom-up decision-making. This has only been made possible through substantial funding from the international donor community.  An important lesson has been the need for ministerial and inter-departmental coordination at national, provincial and sub-provincial levels.

·        Does the new law build upon the experiences already gained in relation to inter-ministerial and inter-departmental coordination at national, provincial and sub-provincial levels?

·        Does the new law recognise the mandate of ministries involved in rural development, health, education, women's affairs, agriculture, etc, and provide for their proper involvement in supporting and reviewing commune development plans? 

3.      Supervision and accountability of Commune Councils.  The move from appointed to elected officials at commune level will have major implications for roles and functioning of these bodies.  Traditional practices have taught officials to be accountable upwards, to those responsible for their appointments, whereas the new structure should ensure prime accountability downwards, to those responsible for their election.  This is a fundamental aspect of the new system and will require affirmative action by government to bring it to fruition.

·        Does the new law make provision for an independent body to process complaints and grievances from the electorate regarding elected officials?

·        Does the new law safeguard against elected officials using their position for political purposes and/or personal gain?

·        Does the new law specify mechanisms to ensure accountability and transparency of Commune Council procedures to their electorate, as well as to government? 

4.      Viability and sustainability of Commune Councils.  Our experience, as development agencies working for almost 10 years now in rural Cambodia, has taught us that unpaid or under-paid officials often use their position to ensure or improve their own livelihoods.  Resources will need to be channeled into the Commune Councils for them to represent the interests of their electorate and to be at all effective.  If these resources are to come even partially from the community, then this will disadvantage impoverished communes and benefit the more prosperous ones.  Channeling outside resources through these Councils will also need careful attention to prevent the practice of syphoning off benefits intended for the electorate.  The principles of clarity, transparency and accountability will be vital in this.

·        Are clear expectations stated regarding remuneration for Commune Councils, and are specific measures included to ensure transparency and accountability in regard to resource allocation?

·        Does the new law include provisions for local taxation and, if so, are safeguards to be put in place to ensure that poor communes and poor villagers within communes are not adversely affected?

·        Does the new law contain provisions for the on-going training of Council members as initial capacity is likely to be a major obstacle to effective management and new members can be expected following each election? 

As part of emerging civil society and as actors in development, we as NGOs respectfully request that the Royal Government of Cambodia provide opportunities for consultation on these and other concerns before the law is finalised.