of law.  During its third mandate, the Royal Government of Cambodia will focus its efforts to ensure an effective implementation of its Governance Action Plan which covers four crosscutting areas: (i) combating corruption, (ii) judicial and legal reforms, (ii) civil service reform covering decentralization and de-concentration, and (iv) reform of the armed forces, especially demobilization.

COMBATING CORRUPTION 

265. As stated in the Rectangular Strategy, the key thrust of the Royal Government of Cambodia’s strategy to fight corruption is to take concrete actions that attack the roots of corruption. The implementation of the anti-corruption strategy will be supported with enough tools and resources to prevent and to substantially crack down on corrupt entities. Implementation is crucial because laws, regulations and codes of conduct are not sufficient to successfully fight corruption. Indeed, there must be efforts and mechanisms to strengthen the effectiveness of law enforcement.

266. To combat corruption the Royal Government will continue to pursue a holistic, participative, gradual and sustainable approach to address the root cause of corruptions. Although progress has been made in some areas, in others the RGC efforts faced many challenges.  In fighting corruption, the Royal Government of Cambodia will promote the implementation of the Anti-corruption Law and, as soon as possible, create an independent body to fight corruption.  The Royal Government will also promote effectiveness, transparency and accountability in the management of public finances, especially through the strengthening of audit processes and public procurement. The Royal Government shall also promote the implementation of the multi- and cross-sectoral governance reforms, especially those guided by the Governance Action Plan, which has been developed with broad participation from various government ministries and institutions, civil society and development partners. From this 3^rd mandate onwards, the Royal Government of Cambodia will enable the responsible ministries and institutions to carefully review and check on each and every commercial contract and concession agreement on natural resources and state assets.

267.  The priorities of the Royal Government to combat corruption during its third mandate are to:

• Revise the draft of the Anti-Corruption Law and submit to Parliament for its approval as soon as possible.

• Build capacity of the concerned institutions to effectively manage and enforce the approved Anti-corruption Law.

• Streamline the delivery of public services to contain opportunities for corrupt practices particularly in areas related to trade, commerce and investment.

• Establish a Citizen's Bureau as a check and balance mechanism to contain corrupt practices.

• Develop and enforce codes of ethics for the public sector.

• Improve transparency of public tenders and contract award procedures.

• Continue to strengthen Public Financial Management.

• Participate in international for a dedicated to fighting corruption such as the Anti-Corruption Action Plan for Asia and the Pacific.

LEGAL AND JUDICIAL REFORMS

268. As stated in the Rectangular Strategy, the Royal Government will respect and promote the independence and neutrality of the judiciary as stated in the Constitution. This will include reforms which will ensure the independence of the Supreme Council of the Magistracy. The Royal Government will promote legal and judicial reforms and strengthen public confidence in the court system. By continuing to focus on the comprehensive strategy and priorities the Royal Government aims to enhance cooperation with development partners to strengthen the rule of law, promote equitable access to justice, reduce corruption, and create the conditions required for continued peace and stability. 

269. The priorities of the Royal Government outlined in the Rectangular Strategy are to:

1. To finalize and submit to the Parliament a draft of basic laws such as the Statute of Judges, the Law on the Organization of the Court, the Criminal Code, the Law on Criminal Procedures, the Civil Code, the Law on Civil Procedures, the Law on the Organization and Functioning of Notaries Public, and the Law on the Organization and Functioning of Bailiffs, and any other laws and regulations that are necessary to complete the legal framework required for Cambodia’s full international engagement, especially within the context of the ASEAN and the World Trade Organization.

2. Establish special courts as needed, such as the Commercial Tribunal, the Juvenile Tribunal, the Labor Tribunal and the Administrative Tribunal.

3. Gradually establish model courts to enhance the quality and effectiveness of judicial services.

4. Enhancement of the capacity and responsibility of judges through the enforcement of the Statute of Judges, improved discipline through the enforcement of the code of conduct and through continuing training.

5. Establish institutions for the training of court clerks, bailiffs and notaries.

6. Provide training and improve management of the judicial police.

7. Provide legal aid (including pro-bono legal professional services) to the poor who require legal and judicial protection and assistance.

8. Strengthen mechanisms for conflict resolution outside of the court system, particularly in the settlement of disputes related to the ownership and property rights of unregistered lands.

270.      The Royal Government is pleased with the significant progress that has been made over the last year. A comprehensive strategy and action plan to speed up the legal and judicial reforms is now in place. The short-term and medium-term priorities for implementing the action plan have been identified through a consultative and collaborative process in which all concerned stakeholders have participated. The Royal Government hopes that this spirit of cooperation between the Council for Legal and Judicial Reforms, the development partners and civil society will now move to new level -- a coordinated team approach -- to succeed in moving forward the legal and judicial reforms agenda.

CIVIL SERVICE REFORMS

271. The Royal Government recognizes the importance of creating an administrative system and a civil service that is neutral, transparent, professional, responsive and responsible to achieve its sustainable development goal.  The Royal Government’s National Program for Administrative Reform (NPAR) outlines the strategies and policies that will be used to transform the administration system and civil service into an effective organization to successfully implement Government’s political platform and the economic actions agenda. To deliver quality public services effectively and efficiently NPAR activities will be focused on the following priority areas:

1. Services related to the sovereignty of the state (including vital records, permits and land registration titles).

2. Services related to investments.

3. Basic services, especially education and health.

4. Services related to the collection of revenues and the management of expenditures of the state.

272. The Council for Administrative Reform (CAR) has prepared an Action Plan based on recent studies in consultation with ministries and development partners. The Plan was presented to development partners at a national workshop in August 2004. For programming purposes, actions to be taken under the umbrella of the NPAR have been grouped in the following seven priority areas:

1. Improving service delivery

2. Enhancing remuneration

3. Redeploying the Civil Service

4. Strengthening Human Resources management and controls

5. Implementing the PMG program

6. Developing human and institutional capacity

7. Promoting information and communication technologies

DECENTRALIZATION AND DE-CONCENTRATION

273. For all governments world-wide finding the appropriate levels of decentralization and de-concentration in terms of roles and responsibilities of the various levels of government is an on-going process. For the Royal Government of Cambodia the issues are compounded further by events in recent history.  The Royal Government recognizes that the implementation of decentralization to the commune level is crucial not only to strengthen democracy at the grassroots level, but also to improve the quality of public services, and foster participatory development at the community level. To strengthen local governance, a key priority of the Royal Government is to build local management capacity, provide reasonable levels of financial resources to the communes and promote the culture of participation.  Another priority is to ensure that decentralization and de-concentration efforts are implemented in conjunction with each other and capacities are developed at the municipal, commune, district, and provincial levels to achieve harmonized and mutually-supportive operations at the grassroots/community level.

274. To move the decentralization and de-de-concentration process forward the Royal Government priorities are to:

1. Prepare the Organic Law to define the roles and responsibilities of the provincial and district administrative structures to speed up the process of delegation of responsibility from line ministries operations at the centre to their sub-national operations and to the provinces.

2. Develop a Strategic Framework on Decentralization and De-concentration. An inter-ministerial working group is currently working on developing this framework and an action plan to implement the strategy.

3. Ensure predictable and timely release of funds including an examination of the option of allowing communes to raise their own resources by taking measures, such as:

• transfer of the block grants to the commune budget;

• review and revise, if necessary, the existing rules and regulations of the commune financial system including the option of developing their own source revenues, local contributions and tax sharing for the commune budget;

• pilot a commune decentralisation accounting system (CDAS) in two provincial treasuries;

• build institutional capacity of the commune councils.

4. Strengthen government-donor and donor-donor coordination to achieve more optimal outcomes in terms of strategies and actions to implement the Royal Government’s decentralization and de-concentration agenda and to improve aid effectiveness in this very important area.

REFORM OF THE ARMED FORCES

275. The Royal Government will continue to implement the policy and programs identified in the White Book of National Defense of the Royal Cambodian Armed Forces, including the distribution of social concession lands to the demobilized landless soldiers who request land for their residences and/or for family farming in conformity with the Sub-decree on Social Concessions.  The Royal Government will continue to reform, build and strengthen the national police into a professional force, equipped with modern technology, and capable of discharging its responsibilities with due respect for law and human rights, thereby enabling the police to serve the people, maintain security, social order and harmony and protect the people’s safety and property.

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