Institutional
reform and improved governance lie at the heart of the ability of government to
implement the NPRS. A commitment to reducing corruption and strengthening
democracy is crucial to the practical effectiveness of other programs and
projects. The presence of corruption at every level within Cambodia’s
government and society undermines the ability of institutions and their staff to
implement reform and change.
In June
2003, a draft anti-corruption law was sent to the National Assembly.
Due in part to the continuing political deadlock, it has not yet been
passed.
In July
2003, national elections were held.
Although concerns about intimidation and irregularities were raised, most
observers concluded that the technical implementation of the election was much
improved on previous elections. The
continuing deadlock after the election is currently the most serious obstacle to
governance reform.
2003 also
saw the development and publication of a Legal and Judicial Reform
strategy. The Royal School of
Magistracy and the Lawyer Training Centre are now operational.
However, the draft Civil Code and Penal Code are still undergoing
revision.
Progress
in decentralisation was undermined by the central government’s failure
to transfer budgeted funds to the commune councils.
Nevertheless, most communes developed Commune Development and Investment
Plans in a manner that has been regarded as highly participatory.
Following
the National Assembly election in July 2003, the political deadlock has
effectively meant that progress towards institutional reform and improved
governance has been put on hold. The failure to provide stable government has
proved damaging for all reform areas, but particularly so in relation to
governance itself.
The 2003 National
Assembly election was regarded as being generally better organised than in
previous years. However, there remain serious concerns regarding the operation
of the NEC and its subordinate bodies at the provincial and commune levels.
Reform of these bodies and ongoing capacity building must be seen as an ongoing
process rather than a matter to be addressed only in the lead up to future
elections. Improved capacity building and serious efforts to ensure the
independence of officials is essential to build trust in the administration of
future elections, especially at the commune level.
The NPRS
recognises that the issue of corruption is important to all efforts to reduce
poverty within Cambodia. Over the past decade, efforts to pass an anti-corruption
law have been stalled many times, and most recently by the failure to
establish a government following the July election. The draft law must be
reviewed and debated by the newly elected National Assembly members before it is
passed, in order to strengthen the definition of corruption.
Justice
sector reform is essential to reduce corruption
and deal with impunity within Cambodian society. A weak judiciary and poor rule
of law harm investment in the country and undermine efforts to achieve justice
for the poor and poverty reduction. The adoption of the Justice Sector Reform
programme is welcomed as a first step towards strengthening the legal
institutions. However, actual progress through 2003 was limited. Reform of the
Supreme Council of the Magistracy and the Constitutional Council will be
essential for the success of judicial reform.
Reform
of the civil service remains a high priority. The
eradication of corruption within the civil service should involve a number of
measures, including preventing people from purchasing their position. Increasing
salaries for public sector workers is crucial to improved service delivery and
must be addressed. However, this must be supported by an increase in the
capacity of those staff and a clear system of supervision, career development
and promotions based on merit.
Decentralization
in the aftermath of the first commune election has
made good progress and is generally welcomed by the NGO community. Achievements
such as strengthening support for commune councils and developing much needed
legal instruments need to be built on. This requires further technical and
financial support for Commune Councils.
The NGO
community applauds the activities undertaken as part of the SEILA programme.
Despite the impact of these being somewhat variable at times, the programme has
had a very positive impact in facilitating the flow of money and resources to
the commune level.
However,
no measures have been set in place to ensure that the projects identified
through participatory processes are those that would have the greatest impact in
reducing poverty. Strengthening decentralised systems of decision-making must
also go hand in hand with an understanding that local democracy should feed into
central decision-making. The experience of communities in identifying and
providing information can lead to a further prioritisation of pro-poor projects,
and is an essential part of strengthening local and central governance systems.
The NGO
community makes the following recommendations in relation to governance and
institutional reform:
An effective anti-corruption law must be developed, passed and
implemented as a matter of priority. Strong political will is needed to
ensure that anti-corruption measures are not delayed any longer. Cooperation
to fight corruption at all levels is essential to address fundamental
weaknesses in both governance and the economy in Cambodia.
Other legislation that needs to be passed by the National Assembly
and Senate in the near future include a Penal Code, a Civil Code, a Criminal
Procedures Law, a Domestic Violence Law and an Anti-trafficking Law.
An Independent Anti-Corruption Commission needs to be established to
implement and monitor anti-corruption laws and measures.
Increasing salaries for public sector workers is crucial and must be
addressed as a matter of priority. However, this must be supported by an
increase in the capacity of those staff and a clear system of supervision,
career development and promotions based on merit.
The RGC must address the size and structure of the civil service, and
the recruitment, pay, training and evaluation of staff as a matter of
urgency. In doing so, the RGC should ensure that qualified health workers,
teachers and other professionals better service rural areas.
Commune projects should be undertaken with a clear pro-poor emphasis.
Commune Councils should establish with partners systems to assess the impact
of decentralisation on poverty reduction.
Audit mechanisms for commune funds should be set in place.
Decentralisation reforms should focus not only on local planning, but
on the promotion and internalisation of concepts like transparency and
public accountability, in order to build capacity for fiscal
decentralisation.
The poverty reduction strategy requires effective implementation and
monitoring. Policy makers within the relevant ministries need to
make Action Plans based on the results of such monitoring, including
monitoring by the PMATU and NIS.
Good governance may be enhanced through encouraging the participation
of NGOs, donors and civil society groups in the planning, implementation,
monitoring and evaluation of development programmes.
The RGC should ensure public access to government information through
the introduction of an Access to Information Law, drafted in a participatory
manner.