2.5
OTHER CROSS-CUTTING
PROGRAMS
RURAL DEVELOPMENT
190.
Around 80 percent of the population of Cambodia lives in rural areas and
rural development |
|
Cross-Cutting
Programs
§
Rural Development
§
Environment and
Conservation
§
Land Management and
Urban Planning
§
Land Mines and UXO
Removal
§
Labor and Social
Services
§
Gender and Development
|
has been one of the highest
priorities of the Royal Government during its second mandate. The Royal
Government adopted a multi-pronged approach to foster rural development and
empower local communities to plan and manage development of their
communities. The decentralization and de-concentration of public services
delivery, support for participatory decentralized area-based development
programs, and the provision of credit to households and small businesses in
rural areas are some of the elements of RGC’s efforts. Within the RGC, the
Ministry of Rural Development (MRD) is mandated to: (i) co-ordinate,
co-operate, implement, monitor and evaluate rural development projects and
programs to rehabilitate and develop rural areas by assisting the rural
population; (ii) co-ordinate the operational efforts of the various line
ministries and assistance programs; and (iii) undertake independent research
initiatives to develop the rural areas by liaising widely, assessing needs
and investigating possible solutions that would maximize opportunities.
191. During the last five
years, 1998 to 2003, the Ministry of Rural Development has coordinated the
rehabilitation or construction of:
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14,230 km of rural roads
(5,230 km with laterite surface),
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1,867 Bridges totaling
23,311 linear meters in length,
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5,619
Culverts,
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40,500 points Wells,
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679 km Dikes,
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452 km Canals,
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1,848 Reservoirs,
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6,412 Ponds,
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1,414 classrooms, and
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16 Rural markets,
192. The MRD is also involved in
Integrated Rural Accessibility Planning (IRAP), which is a new planning tool
to better identify access priorities and develop proposals for
infrastructure and support the investment programs, such as roads, schools
and water wells at the district level. IRAP assigns accessibility ranking to
communes and villages according to their levels of access to basic minimum
needs and services.
193. During the last five
years, substantial improvements have been made in providing rural services
to Cambodia's poor communities. In particular, in 2003 the MRD was involved
in preparing technical standards for rural road construction; empowering the
commune councils in rural road maintenance; conducting an inventory of rural
roads; building and maintaining a total of 1,000 km of rural roads; and
building around 700 water wells. MRD is moving from project oriented
approach to sectoral and program approach. MRD's activities are now focused
in the following areas to achieve poverty reduction through the expansion of
economic opportunities: (i) areas surrounding the Tonle Sap Lake to ensure
biological diversity, where three million people live; (ii) border area
development, especially in Battambang, Banteay Meanchey, Oddar Meanchey,
Siem Reap and Svay Rieng; (iii) the North-eastern provinces, such as
Rattanakiri and Mondulkiri to ensure environmental protection and promote
ethnic minority development.
194. In the course of the
implementation of the rehabilitation and reconstruction of rural
infrastructure projects around 30 million work-days of employment was
generated. The Ministry of Rural Development has also been involved in
community development, training, establishment of Villages Development
Committees (VDCs) and providing training to members of VDCs, food security
and nutrition activities, providing training to private sector contractors,
and rural credit schemes (rice banks, in-kind banks, village revolving
credit and saving schemes).
195. With the
rehabilitation and construction of more than 14,000 km of roads, many social
services providers (health, credit, skills training, literacy and extension
services) can now reach and provide their services not only in rural areas
but also remote areas that where previously inaccessible. The mobility of
the rural people has significantly improved and now they have opportunities
to participate in their community's development.
196. There are many
programs that have delivered services at the rural community level during
the last five years. Some of the major ones include: the SEILA program, the
Social Fund, and the rural micro-credit schemes. All of these programs have
been receiving enthusiastic support from Cambodia's external development
partners and it is hoped that they will continue to provide their support to
these very important programs that address the root causes of poverty and
tackle directly the national poverty reduction goal and the achievement of
Cambodia's Millennium Development Goals.
197. SEILA Program:
The Royal Government's SEILA Program was initiated in 1996 to formulate,
test and continuously strengthen decentralized and de-concentrated systems
for planning, financing and implementation of local development at the
provincial and commune levels. Beginning with 5 provinces and a small number
of pilot communes in 1996, by the end of 2001 and prior to the commune
elections, coverage had expanded to half of the provinces and to more than
one-third of the rural communes in the country. In 2003 the SEILA program
coverage was extended to cover all provinces and communes. During the period
of 1998-2003, combining formal training with a "learning-by-doing" approach
to capacity building, approximately 3,000 civil servants and 75,000 elected
village representatives have been provided training in a variety of
technical areas that have included--participatory planning, financial
management, contract administration, bidding and procurement, and monitoring
and evaluation. Over this period approximately 43 million US$ in direct
investment has been disbursed through contractual modalities between the
Governor and both public and private implementing agencies at the provincial
level, and approximately 42 million US$ between the CDC and primarily
private contractors at the commune level. Adopting a partnership approach
with the donor community at national level and an integrated, annual
programming framework with international agencies and NGOs at the provincial
level, a high volume of additional, parallel resources have been mobilized
and programmed each year to support the developments at the provincial and
commune levels. External evaluations of the SEILA program have reaffirmed
the socio-economic benefits that have resulted from civil works projects
implemented by private sector at the commune level as well as the growing
capacity of the provinces, districts and communes to manage the
decentralized systems.
198. The adoption of the
Law on Commune Administration in 2001 and the Commune Elections held in
February 2002 are important milestons in Cambodia’s march to a new era of
grassroots democratization, along with the establishment of the National
Committee for Support to Communes/Sangkats (NCSC) and a Department of Local
Administration (DoLA) within the Ministry of Interior, who are responsible
for formulating the decentralized regulatory framework and coordinating
support to Commune/Sangkat Councils. Anticipating these changes, the Second
Phase (2001-2005) of the SEILA Program was re-conceptualized as an aid
mobilization and coordination framework to support the Royal Government's
decentralization and de-concentration reforms. The five-year (2001-2005) $
95 million SEILA Program was approved by the Council of Ministers on 5
January 2001 and is now in its second last year of implementation.
199. Social Fund:
the Social Fund of the Kingdom of Cambodia (SFKC), was established in 1994,
as an autonomous public institution, under the Presidency of the Prime
Minister. It has been engaged, nation-wide, since late-1995, in supporting
the Royal Government’s efforts to reduce poverty by financing projects for
the rehabilitation and reconstruction of social and economic infrastructure,
and other socially productive activities; and by creating short term
employment opportunities while enhancing the ability of communities to
identify local development needs and manage small scale development
projects.
200. The SFKC’s portfolio is demand-driven
and entirely determined by the requests it receives from communities, local
authorities, public institutions and other organizations throughout the
Kingdom. It acts solely as a financial intermediary, funding and monitoring
eligible projects. A key emphasis of SFKC is on increasing the participation
of communities and the sustainability of the projects while strengthening
community ownership in procurement, contracting and management of the
facilities created.
201. During the 1998-2003 period, SFKC has
received, from local communities, 3,272 project applications valued at US$
95.8 million. Of these, 59 percent of the projects were in the economic
sector and 41 percent in the social sector. Disaggregated, these
applications included request for: 1,178 school buildings, 7 irrigation
schemes, 54 commune and district health centers, 415 water wells, 1,093
bridges and culverts, 26 drainage and sewerage systems, and 91 secondary
school buildings. It illustrates the diversity of demand for small-scale
infrastructure facilities, particularly in the rural areas of the Kingdom.
202. During the period of
1998-2003 SFKC has approved 1,928 projects, all over the country, valued at
more than US$ 38.8 million. Of the 1,928 projects implemented 15.2 percent
were in post-conflict areas, 90.8 percent were in the rural areas, and 9.2
percent in the urban areas. In terms of value, the total labor content of
the investments amounted to about 13.2 percent of the total, creating more
than 98,660 person-months of employment.
203. Rural Credit
Schemes: The Royal Government has fully supported and encouraged the
participation of Micro-Finance Institutions (MFIs), Specialized Banks,
Commercial Banks and the Rural Development Bank (RDB) to provide credit to
rural communities. At present, most of the Commercial Banks do not have
branches at the provincial level. Even those Banks who have established
branches in some provinces, these are limited to big centres and there is
virtually no presence at districts, communes or villages level. However,
MFIs, NGOs and Specialized Banks have been providing credit services to the
needy in rural areas for some time. Also, the Rural Development Bank (RDB)
plays an important role in financing, refinancing and providing technical
assistance to MFIs and in mobilizing domestic and foreign financial
resources to support the provision of rural credit for micro-finance
activities.
204. Access to credit in
rural areas is key to achieving broad-based economic expansion. The Royal
Government has taken several concrete steps to enhance the availability of
credit in rural areas. These include: transforming NGOs into formal
Micro-Finance Institutions (MFIs) or as a registered financial operator;
improving supervision of micro finance institutions to mobilize resources;
and reducing interest rates to increase access by the poor to credit. In the
first nine months of 2003, the National Bank of Cambodia (NBC) issued
licenses to five MFIs and registered four NGOs as rural credit operators.
At present, there are more than 100 rural financial operators that include
licensed micro finances, registered and non-registered NGOs. Most of these,
however, are relatively of small size.
205. The introduction of an
on-site and off-site inspection manual for MFIs in earlier 2003 by the Royal
Government has contributed to improvement in supervision of MFIs. To
strengthen off-site supervision a standardized new chart of accounts has
also been prepared to ensure the quality and consistency of the financial
information submitted by financial institutions. The new chart of accounts
is gradually being implemented by the licensed MFIs and those NGOs that
intend to apply for a license in the future. The NBC has also developed
simplified reporting formats for both registered and licensed institutions.
For prudential purposes on-site inspections are being conducted before
license and registration certificate as rural finance operators are issued.
206. So far, MFIs have had
the freedom to set interest rates. However, their inability to properly
assess the risk in setting the interest rate has led to high interest rates.
The NBC has issued guidelines to MFIs on the methodology to calculate the
interest rate based on market conditions. The methodology is designed to
improve the financial analysis that could result in reduced interest rates
on loans to be made to the rural poor. Nevertheless, the NBC is conscious
that more direct administrative interventions could lead to unsustainable
microfinance institutions.
207. At present, the huge
gap between demand and supply of funds represents a major constraint to low
lending rate in micro finance sector. The regulation on the licensing and
registration of MFIs aims therefore to upgrade their legal status and
strengthen their operations that will enable them to attract more resources,
either in the form of refinance assistance from the Rural Development Bank (RDB)
or through equity participation. Building the institutional capacity of the
NGOs that have become licensed MFIs is critical for their sustainability.
ENVIRONMENT AND CONSERVATION
208. Following the adoption
of the Environmental Law in 1996, a draft law on Protected Areas was
prepared in 2001. The Ministry of Environment is responsible for
implementation of this Law. This draft law provides procedures, guidelines,
and regulatory tools for the administration and management of protected
areas, protection of rights and traditions of ethnic minorities and creation
of protected area communities to seek their participation in the management
and use of natural resources, sustainable management, and use of
biodiversity. In addition, a bio-safety law has been drafted, and a national
biodiversity strategy and action plan (NBSAP) was adopted.
209. The Ministry of
Environment is actively involved in the implementation of a number of
international conventions and treaties regarding conservation, such as: the
Convention on Biodiversity, the Protocol on Bio-safety, the RAMSAR
Convention, the CITES Convention, the Anti-Desertification Convention, and
the Tiger forum.
210. Management of
Protected Areas: There are 23 areas that are protected under the Law on
Environmental Protection and Natural Resources Management. Each protected
area is classified into four management zones namely core zone, conservation
zone, sustainable development zone and community zone. To strengthen the
management of these protected areas work on producing maps and demarcation
of boundaries for 11 protected areas has been completed, 280 concrete poles
as markers for Community Protected Areas have been erected, construction of
68 sub-stations, stations and headquarters in some protected areas has been
completed, 110 km roads within protected areas have been rehabilitated, and
forest fire breaks constructed and equipped with 6 forest-fire trucks,
motorcycles, and other equipment and facilities.
211. The Ministry of
Environment has conducted studies and collected data on flora and fauna such
as medicinal plants, reptiles, birds, mammals, butterflies and other insects
and on the relationship between elephants and human beings. In some
protected areas the number of wildlife has been increasing, for example the
number of gaurs in Samkos wildlife sanctuary has increased from 30 to 50,
the number of elephants in Phnom Prech wildlife sanctuary has increased from
10 to 20, the number of pheasants at Kulen Phrum Tep wildlife sanctuary from
50 to 100, and up to 1,500 pair of Anhinga melanogaster are now found at
Prek Tual in the core zone of Boeng Tonle-Sap biosphere reserve.
212. As part of the Royal Government's
policy on decentralization and community participation, the Ministry has
established 70 protected area communities, 14 of which have received
official recognition. The Ministry has succeeded in building partnerships
with several international organizations and NGOs to manage these protected
areas, including WB, ADB, GEF, UNDP, UNESCO, FAO, DANIDA, WI, UNEP, Capacity
21, WWF, WCS, FFI, IUCN, WildAid, US Fish and Wildlife, IDRC, CWHC, Mlup
Baitong, SCW, RECOFTC, LWS, Oxfam GB and the SEILA program. Because of these
efforts, illegal activities have been reduced and there are some indications
of increases in the numbers of some wildlife species in these areas, such
as large water birds (Tonle Sap Biosphere Reserve and Ang Trapeng Thmar),
and river dolphins (Stung Treng RAMSAR site).
213. Management of Tonle Sap Biosphere
Reserve and Coastal Zone Environment: The Ministry of Environment has
made concerted efforts on biodiversity conservation in the three core areas
of the Tonle Sap Biosphere Reserve by constructing environmental stations
for research and monitoring biodiversity, organization of management groups,
conducting environmental awareness and educational activities as well as
capacity building for park rangers. A mechanism for cooperation between
relevant ministries for sustainable management the Tonle Sap Biosphere
Reserve has been created, which facilitates effective reforms of land use,
forestry, and fisheries and creation of community organizations for natural
resource management.
214. Regarding management
of the marine and coastal environment, the Ministry has setup a National
Committee for Coastal Zone Management and technical working groups to
promote the involvement of provincial authorities and commune councils in
coastal zone management. With the support of DANIDA, guidelines and physical
and strategic planning tools for the coastal provinces have been developed
and 3 coastal resource centers have been built. Thirty community-based
organizations for coastal management have been established, 54 ha of
mangroves have been replanted and 9 sea grass species, 84 species of coral
and 74 species of mangrove plants have been identified.
215. Environmental Quality Protection:
A number of legislative measures and related legal instruments on
environmental protection have been developed and adopted as tools for the
MoE to fulfill its mission statement on prevention and reduction of the
impacts of pollution on public health and environmental quality. These
include; a sub-decree on Water Pollution Control, a sub-decree on Solid
Waste Management, a sub-decree on Air Quality Management, and Noise and
Vibration Disturbance and a finalized draft of a sub-decree on Management of
Ozone-Depleting Substances. In addition, the MoE has collaborated with the
international community on the implementation of international conventions
and protocols, which include: the convention on Climate Change and the Kyoto
Protocol, the Vienna Convention and the Montreal Protocol, the Basel
Convention, the Stockholm Convention, and the Sustainable Development
Strategy for the Seas of East Asia and finally the Putrajaya Declaration on
Regional Cooperation for Sustainable Development (PEMSEA/IMO)
216. To ensure water pollution
prevention, 48 factories that were adversely effecting water quality
have been forced to install wastewater treatment facilities. Also, some main
canals and the sewage system in Phnom Penh have been restored and repaired
with support from JICA. Wastewater Treatment Facilities have been built in
Sihanoukville (ADB), and in Battambang Province (SAWA/EU).
217. Solid Waste
Management: Effective management of the industrial and hazardous waste
is a priority of the Royal Government. The MoE in cooperation with the
private sector has built a safe landfill, which is used for the disposal of
industrial wastes and expired products that contain toxic or hazardous
substances. Solid waste management at the municipal and provincial level has
also been improved. Also, the recycling of solid waste-refuse from the
households in some locations of Phnom Penh has been implemented with very
active participation from a low income community. This program is
implemented by Non Governmental Organizations such as CSARO and CAMPED/EU.
218. Environmental
Awareness and Community-based Management: Environmental education is one
of the major priorities in capacity building of the Royal Government and it
is also integrated in both non-formal and formal education from the national
primary school to the colleges and universities and different committees.
Based on experiences from past pilot projects, the community-based
participation has been enhanced in the management of protected areas and
environmental protection.
LAND MANAGEMENT AND URBAN
PLANNING
219. Based on the Statement
of the Royal Government on Land Policy in May 2001, the Council of Ministers
adopted the Interim Paper on Strategy of Land Policy Framework on May 06,
2002. A comprehensive land policy has continually been prepared. To
implement the Land Law enacted in 2001, the Council of Land Policy along
with the Ministry prepared and submitted to the Council of Ministers for
approval a set of policy papers and four sub-decrees, including policy paper
and Sub-decree on Social Land Concessions (March 2003), Sub-decree on the
procedures for Establishing the Cadastral Index Map and Land Register (May
2002), Sub-decree on Sporadic Land Registration (May 2002) and Sub-decree on
Organization and Functioning of the Cadastral Commission. In addition, in
implementing the said sub-decrees, the Ministry set out four sets of
instructions. To support the work of Commune/Sangkat councils, with the
support of the Ministry of Interior, the Ministry prepared the working paper
on the procedures and process of proper Demarcation of Commune/Sangkat’s
Boundary, and the pilot was carried out to begin the work that was later
extended nation-wide implementation and printing Commune/Sangkat maps.
Further, the Ministry drafted and submitted to the Ministry of Interior the
joint declaration regarding the Role and Responsibility of Commune/Sangkat
Administration in Land Registration. Also, the Ministry prepared the draft
instruction manual on “Local Government in Land Issue, Land management and
Construction”. These policies and regulatory frameworks were widely
disseminated for implementation and compliance.
220. To Implement the Royal
government’s de-concentration policy, based on an assessment of the capacity
and the scope of responsibility, Cadastre functions in eight provinces and
municipalities have been delegated power to sign on cadastral documents
granted by the Ministry. The powers are planned to be extended to an
additional three provincial department in 2004-2005.
221. The Ministry has
developed strategies and a human resource development plan to strengthen its
capacity and is being restructured to meet the expected work load. To build
staff’s capacity, the Ministry has prepared training manuals, and staff has
been provided both in-country and overseas training in the technical, legal,
management and leadership areas. To improve the effectiveness and efficiency
of the delivery of services, the Ministry conducted training on “Leadership
and Management Change”, for more than 100 senior officials from the central,
provincial, and municipal departments of the Ministry.
222. Significant amount of
training has been delivered to staff to ensure effective and transparent
implementation of the land policy and the sub-decrees. The Ministry has
prepared training manuals on systematic land registration, and has trained
700 officials, of whom 58 were trainers, 140 were quality control officials,
and 6 were orthophoto production officials. Also, training on the role and
duty for systematic land registration was provided to the administrative
committees in eight provinces in which 3,000 civil service officials
participated. The Ministry also developed procedures manual for the
Cadastral Commission, and provided training to the 644 Cadastral Commission
officials on Land Law, guidelines and procedures on out-of-court land
dispute resolution methodologies. To ensure in-depth awareness of Land Law
of 2001, the Ministry trained 30 trainers and 1,767 Ministry staff and
related institutional staff at the provincial/municipal, Distric/Khan levels
across the country. The Ministry prepared training manuals and provided
trainings on Participatory Land Use Planning (PLUP) to 29 National Trainers
and 370 provincial/municipal facilitators. Training on District Strategy
Development Plan was provided to five national trainers and 30
provincial/municipality trainers.
223. As the education is a
prioritized key factor and to promote the land administration professional,
the Ministry was successful in having a Faculty of land Management and
Administration within the Royal University of Agriculture established in
October 2002. As of now more than 100 students have enrolled in this
program. This faculty will seek international accreditation of its degree
program from the University of Munich in Germany.
224. Some 293,500 land
titles have been issuing so far via the pilot projects and the Land
Management and Administration Project. 280,000 titles were issued through
systematic land registration in 11 project provinces and 13,500 titles were
issued through sporadic land registration for plots (land parcels) and flat
residences. The Ministry established the geodetic network of 1,313 points
and produced orthophoto for 22,108 square km.
225. So far, there have
been 1,961 cases of land disputes throughout the country. Of these 493 cases
have been resolved, 161 cases were either handed over to the court or
canceled. The remaining 1,307 cases are in the progress of being resolved.
226. Land Management:
To ensure systematic and planned land development, land use plans have been
developed for a number of areas. These include: a strategic development plan
of Kamreing district in Battambang province; industrial zoning plan for
Neang Kok in Koh Kong province; conservation zoning for Preah Reach Troap
Mountain; master plan for Kampot provincial town (sub-degree are being
drafted), Pailin town (awaiting comments from the town authority), Chloung
district in Kratie province (awaiting comments from the province authority)
as well as a master plan for the conservation of cultural heritage buildings
in Battambang town (sub-degree are being drafted), a master plan of
historical tourist site of Anlong Veng (royal degree are being drafted).
Actions are now being taken to prepare a master plan for the provincial
towns of Kampong Cham and Mondulkiri, and the municipality of Phnom Penh.
227. Land Concessions: To implement
the Sub-decree on Social Land Concessions at the national,
provincial/municipal, and district/Khan levels, mechanism were formed, and
pilot projects were carried out in three communes and one Sangkat in the
Battanbang, Kampot, Kampong Speu provinces, and Phnom Penh. Based on the
results of pilot projects and the poverty social impact assessment study on
social land concessions project, the Council of Land Policy in collaboration
with various development partners is currently involved in designing a
program for Land Allocation for Social and Economic Development (LASED).
228. Construction
Management: Regulation for the management of the opening and closing of
construction sites, and the management of engineering design and
construction companies. Work is now underway on drafting the Prakas on the
fee structure for construction permits. The Ministry issued construction
permits for 42 hotels, 31 factories, 17 gas stations and 42 residential
sites. It also issued 190 permits to business involved in engineering design
and construction.
LAND MINES AND UXO REMOVAL
229. Cambodia is one of the
most heavily land mined and UXO (unexploded ordnance) affected countries in
the world. The land mines and the UXO left behind from the Vietnam War and
the internal strife in subsequent period continue to cause hundreds of
fatalities of innocent citizens each year. Several years of aerial bombing
and shelling and widespread use of landmines by combatants have had a
devastating impact on the country. The problem is so severe that rural poor’
access to essential facilities such as water, roads, bridges and cultivable
land is seriously restricted and hazardous.
230. The Level One Survey
(L1S) completed in April 2002 identified 3,037 suspected areas contaminated
by mines or UXO, covering an area of 4,466 square km or 2.5 percent of the
country's surface area. About 1,640 villages, representing around 12 percent
of all villages, have to cope with levels of high contamination by landmines
and UXO, and more than 5,500 villages have UXO scattered on their land.
231. The Royal Government
considers the task of clearing land mines and UXO to be a prerequisite for
achieving its development goals. In December 2002, the Cambodian Mine Action
and Victim Assistance Authority (CMAA) completed work on preparing a
National Mine Action Strategy and the Five Year Mine Action Plan 2003-2007
for land mines and UXOs clearance. At present a large number of operators
are participating in the de-mining operations. Work on preparing a draft of
National Mine Action Standards (CMAS) was completed in late 2003, to
standardize the process of accreditation and license monitoring and to
ensure quality assurance of the many de-mining agencies involved. CMAA has
also established a Quality Management Cluster within its structure to
monitor the implementation of these standards by the de-mining agencies.
232. Between 1998 and 2003,
the four main operators: CMAC, RCAF, HALO Trust and MAG – have cleared a
total of just under 163 square Km or around 3.6 percent of the suspected
land mined area, removed and destroyed 235,571 anti personnel mines, and
found and destroyed 513,388 unexploded ordnance pieces. As a result the
number of accidents has steadily decreased from 1158 in 1999 to 755 in 2003.
LABOR AND
SOCIAL SERVICES
233. During the period of the second
mandate of the Royal Government, 1998 to 2003, the Ministry of Social
Affairs, Labor, Vocational Training and Youth Rehabilitation made
significant progress in implementing the labor laws and providing social
services to vulnerable groups. The International Labor Organization of the
United Nations as part of its labor conditions monitoring activities has
declared that the garment and footwear industries in Cambodia are free of
forced labor, child labor, or discrimination.
234. Following the
formation of the new Government, July 2004 the Ministry was reorganized and
its name changed to Ministry of Labor and Vocational Training. The
reorganized Ministry will be responsible for the labor affairs as well as
the vocational training, youth and sports portfolio that was previously
under the Ministry of Education's jurisdiction.
235. In terms of the
implementation of the Labor Law, during the last five years
the Ministry of Social Affairs, Labor, Vocational Training and Youth
Rehabilitation developed and adopted 51 legal instruments such as the
Anukret, Prakas, and other regulations. In accordance with the provisions of
the Labor Law, the Labor Advisory Committee and the Arbitration Council were
established. In the year 2000 the monthly minimum wage for workers in
garment and footwear industries was increased from 40 to 45 US dollars
including bonuses and other fringe benefits. The entitlement of workers in
the private sector to paid annual leave was set at the same level to which
workers in the public sector are entitled.
236. The Ministry carried
out inspections of labor conditions, health and safety conditions, and
foreign labor management practices. Some 5,495 enterprises were inspected,
of which 4,062 enterprises were found to be in violation of the Labor Law.
The Ministry issued cautionary notices to 3,249 enterprises that were
violating the Labor Law and regulations, and 440 were fined. Because of the
strengthening of the inspections process, the number of labor disputes
decreased considerably.
237. The Ministry
registered more than 500 enterprise level unions, 16 federations of trade
unions, and 1 confederation of trade union with 200,572 members. There are
six employers' associations represented by an employers' confederation.
Both the rights of workers to strikes and the employer's right to lock out
were respected.
238. The Ministry
registered 138,148 job seekers of which 134,791 were employed by commercial
enterprises. The Ministry provided overseas employment services for 3,437
workers in Malaysia and the Republic of Korea. In accordance with the
provisions of the Memorandum of Understanding between the Kingdom of
Cambodia and the Kingdom of Thailand 181,579 Cambodians working in Thailand
without proper work permits were provided appropriate documentation by the
Thai authorities.
239. In September 2002, a
Law on Social Security Schemes for persons defined by the provisions of the
Labor Law was promulgated. This Law entitles workers and employees in the
private sector to old age, invalidity, and survivors benefits as well as
on-the-job injury benefits. A National Social Security Fund has not been
established yet for implementing this Law due to lack of both technical and
financial resources.
240. Social services
provided to veterans included monthly payments to veterans that were
increased by 30 percent and again by 10 percent. Over 4,600 homeless and 147
mentally handicapped persons were provided training and funds to reintegrate
in to the community. Emergency food and supplies were provided to 2,701 fire
victim families, 965 drought victim families, 419,181 flood victim families
and 10,596 starving people that contributed to reducing the number of
homeless. Some 1,200 juvenile delinquents were provided health care services
and vocational training and were integrated into the community. Also, around
1,100 juvenile delinquents were provided education on the impact of drug
abuse.
241. The campaign against
prostitution included not only prosecution of the culprits but also the
provision of education and advice on health care issues to the concerned.
Each year the Elder People's Day was celebrated to enhance the awareness of
the contribution of the elders to the society and to encourage the
establishment of elder peoples associations. The five-year National Plan to
Fight Against Child Sexual Exploitation has been successfully implemented.
The Program for Elimination of Child Labor and the Program of Child
Prevention Network in Community was implemented. The Ministry managed 21
orphanages that look after 2,218 orphans. The Ministry has cooperated with
NGOs to establish another 78 orphanages for 1,864 orphans. The orphans were
provided food and accommodation, vocational training, and child-care
services.
242. In Cambodia, there are
some 169,000 persons with disabilities. Around 93 percent of these are males
and 60 percent victims of war. A program on the rights of the disabled was
successfully launched that resulted in subsequent provision of services to
this group. The Ministry cooperated with NGOs to establish 10 vocational
training schools to provide vocational training to people with disabilities.
GENDER
AND DEVELOPMENT
243. Over the past five
years the Ministry of Women’s Affairs (MoWA), in cooperation with other
government institutions and local and international non-government
organizations, has been implementing the national strategy Neary Rattanak,
'Women are Precious Gems". Neary Rattanak presents a vision of Cambodian
people, both women and men, who are united and moving forward to build a
prosperous and peaceful nation, upholding law and order in a just and
transparent system with good governance to achieve social, economic and
political stability. The goal is to improve the living conditions of women
and to alleviate poverty by building the capacities of women and empowering
them to participate equitably in the socio-economic development of the
nation. The Royal Governments efforts have been focused on mainstreaming
gender, women in decision-making, public awareness, increasing access to
education and health services, economic empowerment, legal protection and
effective governance.
244. Mainstreaming Gender:
At the national level, gender issues with specific targets and indicators
have been integrated into Cambodia's MDGs, SEDP II and the NPRS. Promoting
gender equality and equity and enhancing human resource development has been
incorporated as one of seven policy measures in the National Population
Policy. To improve monitoring on gender issues, the Royal Government has
instructed the National Institute of Statistics (NIS) to develop
gender-specific indicators that could be used analyze the nature and extent
of gender disparities. Some ministries have made budget provisions to
address gender disparities, most notably in education. MoWA was designated
as a priority ministry in the MTEF for 2005-2007. The inter-ministerial
National Council for Women was established by a Royal Decree in February
2001. Cambodia is moving towards meeting its international reporting
obligations on the Convention to Eliminate All Forms of Discrimination
Against Women (CEDAW). Two gender focal points from each of 12 line
ministries were trained by MoWA in 2000-01. Gender working groups have now
been established in MoEYS, MAFF, MRD and MoI with active support from the
senior management of these ministries. To promote gender mainstreaming at
the sub-national levels, the Royal Government recognizes that a "critical
mass" is necessary to give women the confidence to participate actively. The
Seila Gender Mainstreaming Strategy 2001-2005 was prepared and implemented
by MoWA that focused attention on promoting awareness of gender issues in
local government and community-based authorities by: (i) building commitment
and capacity, (ii) increasing participation of women in local development
planning and governance and, (iii) enhancing capacity for gender monitoring,
evaluation and database management. Recently designated women and children
focal points in the commune councils are being trained to integrate
gender-responsive action into commune development plans.
245. Women in
Decision Making: Over the past five years, the number of women in
decision-making positions has increased. In the political arena, a
significant number of women were elected as commune councilors because
political parties were encouraged to nominate female members to stand for
elections; MoWA worked in partnership with NGOs to provide training to
female commune council candidates and female commune council members. The
new Commune Planning and Budget Committees are composed of one woman and one
man from each village covered by the commune. In village development
committees, 40 percent of members must be women. The percentage of women in
the newly elected National Assembly has not, however, increased
significantly. To increase the participation of women in politics there is a
need to change attitudes and perceptions not only among women but also in
the overall political culture. The Royal Government has been supporting
leadership programs for senior women civil servants to promote equitable
participation of women in national decision-making.
246. Building Public Awareness:
There is now increased public awareness of gender equality and equity
issues. International Women’s Day has been used as an opportunity to promote
a specific theme such as stopping violence against women or recognizing the
important contributions of women to the economy. The Neary Rattanak radio
program broadcasts information on gender concerns, sectoral priorities and
activities of the ministry. Media and communication strategies are being
used extensively throughout the country in campaigns against trafficking of
women and children.
247. Facilitating
Increased Access to Education: Access to education not only
contributes to reducing poverty and illiteracy but reduces vulnerability,
social instability, maternal and infant mortality rates, HIV/AID epidemic,
domestic violence, trafficking, and discrimination in family and society.
MoWA is working closely with the MoEYS in advocating for measures to
increase gender equity in school enrolment at all levels and mainstreaming
gender in the school curriculum. Priority is also being given to mobilizing
resources for interventions which will increase access of female students to
continue their education beyond basic education (grade 9) such as
dormitories, scholarships and opportunities for overseas study. MoWA also
implemented literacy and child care programs in 16 provinces/
municipalities. Provincial staff provided training to child care and early
childhood education working groups and literacy trainers. The literacy
program prepared by MoWA was approved by MoEYS and implemented nationwide.
248. Facilitating
Increased Access to Health Information and Services, and Reducing
Vulnerability to HIV/AIDS. In cooperation with the Ministry of
Health, MoWA designed and implemented pilot projects to expand reproductive
health education and community-based distribution of contraceptives. In the
initial pilot project, female and male reproductive health volunteers in two
provinces were trained in reproductive health and sex education. These
volunteers conducted hundreds of information dissemination sessions at the
community level. Building on experience gained through these activities,
MoWA’s Health Department developed a community-based contraceptive
distribution program that was implemented in six provinces. Training was
provided to distribution agents and group leaders. Materials were developed
and procedures put into place to facilitate smooth implementation and
on-going monitoring. A pilot project on fighting against malaria was also
conducted in one province. Education and information agents were trained to
provide training to villagers, heads of villages and district facilitators.
MoWA’s ability to work through women’s networks at the grassroots level
greatly facilitates successful implementation of these types of outreach
activities. MoWA also took the lead in drafting a National Policy on Women
and Girls and HIV/AIDS and Sexually Transmitted Diseases and is a strong
advocate within the National AIDS Authority steering and technical
committees for a multi-sectoral response to the AIDS pandemic, and
recognition of the specific vulnerabilities faced by women and girls in this
response.
249. Economic
Empowerment: The Royal Government has strived to ensure the rights
of women to equal access to economic resources and opportunities. MoWA
worked together with MAFF in developing a policy on fruit and vegetable
marketing, implement pilot activities with farmer and water user groups,
establish farmer field schools, train women farmer leaders, and develop a
strategy and plan of action for mainstreaming gender in agriculture. Micro
and small enterprise and the informal sector of the economy are particularly
important to women. MoWA has been providing skills training in traditional
‘women’s’ skills (e.g., sewing, weaving, hair dressing) and providing
micro-credit through Women in Development (WID) Centers and provincial
departments. A more comprehensive strategy has been developed to better
promote and support women in enterprise. The ‘one-village, one product
concept’ was introduced at a workshop on “Women and Promoting Micro and
Small Enterprise Development” in 2001. Pilot activities have been undertaken
to introduce village- based food processing technologies; develop and test
approaches to increasing access to markets for particularly vulnerable
groups; and, convert WID Centers into integrated Women's Empowerment Centers
offering a wider range of support including technical skills, business
development services, and facilitating access to credit, markets and other
services, and life-skills training. The garment industry is a major source
of paid employment for women. The elimination of the quota system in January
2005 will expose Cambodian exporters to direct competition from neighboring
countries. To increase opportunities for women for paid employment in the
garment industry the Royal Government is working to secure its reputation
for good labor practices, and attract garment factories from Thailand.
Pilot activities are also being implemented to the reduce vulnerability of
garment workers to retrenchment.
250. Strengthening
Legal Rights and Ensuring Legal Protection: The Royal Government is
making progress in putting a gender-aware and gender-responsive legal
framework into place. In addition to drafting a new law on domestic violence
and providing inputs into the new draft law on trafficking drafted by the
Ministry of Justice, inputs from a gender-perspective were also provided on
the Property Law, Criminal Code, Marriage and Family Law, and regulations
for implementing the Labor Code. Extensive consultations were conducted
with all stakeholders in the drafting of a new law on the Prevention of
Domestic Violence and Protection of Victims. This was presented to the
Parliament in the last government mandate however the adoption of the law
has been delayed due to political developments in 2003 in the lead up to and
the aftermath of the July 2003 elections. The Royal Government is committed
to eradicating trafficking in persons. Actions are being take at several
levels: (i) preparation and negotiation of memoranda of understanding with
Vietnam and Thailand on bi-lateral cooperation to eliminate trafficking in
persons and protection of trafficked victims; (ii) drafting of a new law on
the Prevention of Trafficking that will soon be presented to the National
Assembly for its approval; (iii) training of civil police, military police,
court officials, soldiers and local authorities on combating trafficking;
(iv) extensive information, education and communication campaigns against
trafficking of women and children; and (v) the efforts of concerned
authorities who have been working hard to capture traffickers of women and
children and bring the perpetrators to justice. MoWA has also been called
upon to intervene in cases of gender-based violence including domestic
violence, trafficking and sexual exploitation. MoWA's role has been
primarily to help women gain access to legal and protective services, and as
an advocate at senior decision-making levels, particularly on high profile
cases. A social work institute has been established which is providing
training to NGOs providing legal representation, protection and responding
to the psycho-social needs of persons subjected to gender-based violence.
251. Effective
Governance. The Ministry of Women’s Affairs (MoWA) was created in
1999 to foster gender equality and advance the role and status of women in
Cambodia. The Ministry has been engaged in activities directed at promoting
gender mainstreaming throughout the government, as well as undertaking
strategic action on priority gender concerns. MoWA is a relatively new
ministry and its mandate has shifted from an emphasis on direct services to
a catalyst and facilitator of gender-responsive action in the policies and
programs of all government and non-governmental institutions and civil
society. Extensive attention has been given to strengthening the capacity
of the Ministry to effectively carry out this mandate and manage its
activities. This has entailed formulating new strategies and programs,
extensive staff training and strengthening of internal systems and
procedures. This process will need to continue at the central level along
with increased attention to strengthening the effectiveness of provincial
departments and district offices.
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