Session I: Promoting Good Governance

1) Fighting Corruption and Increasing Accountability: The key thrust of the RGC’s strategy to fight corruption is to take concrete actions that attack the roots of corruption (RS)

1. Within the existing criminal law, reported cases of corruption shall be brought before the courts for investigation and hearing; a consistent and strategic approach shall be employed by law enforcement authorities to the prosecution of cases of corruption. Data shall be collected to enable monitoring of progress.

2. The existing draft law on anti-corruption shall be brought into compliance with international best practice [such as reflected in the United Nations Convention against Corruption or other instruments] – pending agreement on wording

3. The Government should commence preparatory work on establishing a legislative framework (such as a Freedom of Information Law) to facilitate access to information held by public authorities.  In the meantime, public authorities must change current practice by displaying a preparedness to share information with the general public and with other institutions in Government.  The different TWGs will monitor specific indicators of access to information (see Annex for examples).

Nothing reported.






The Legal and Judicial Reform Working Group has reported that work on drafting of the amendment of the draft anti-corruption law is underway and it is planned to be submitted to the Council of Ministers by end of April.

No TWG had provided any information with respect to this indicator.

There is an urgent need to identify the institution that has the lead role to take the work forward in this area, as well as other institutions that have a support role.











In addition to monitoring by TWGs there is also a need to identify the institution responsible for establishing a legislative framework and to facilitate access to information.

(2) Legal and Judicial Reform and Protection of Human Rights: The RGC will promote LJRs and ensure the independence of the court system through the implementation of key policies and strategies …to strengthen the rule of law, promote social justice, reduce corruption, eliminate the culture of impunity, and strengthen the culture of peace and the primacy of law (RS)

In all benchmarks listed below, the law shall be consistent with the Constitution and international best practice (such as reflected in international human rights treaties, and by instruments such as the Basic Principles of the Judiciary and the Guidelines on the Role of Prosecutors) and prepared through a satisfactory participatory process.

Fundamental Legal Framework (new -  but includes laws from previous unmet benchmarks)
Adoption of the drafts of the 8 fundamental laws by the Council of Ministers and submission to the National Assembly as a matter of urgency:

1. Penal Code

2. Code of Penal Procedures

3. Civil Code

4. Code of Civil Procedures

5. Organic Law on the Organization and

Functioning of Courts

6. Law on the Amendment of the Supreme

Council of Magistrates (reflecting transparency in appointment, promotion, transfer, remuneration and disciplining of judges and prosecutors, and ensuring the independence of Judges and Prosecutors) - rolled over

7. Law on the Status of Judges and Prosecutors

- rolled over

8. Law on Anti-Corruption - rolled over

The Legal and Judicial Working Group has reported that work is progressing and is being lead by the Ministry of Justice. In the area of "codes" donor support is being coordinated by JICA with French assistance. In the area of Laws on the Judiciary, donor support is being coordinated by Australia with USAID, French, JICA and UNDP assistance. The TWG has also noted that there have been limited joint activities during last three months because of the absence of some group members, although notable progress has been made by the Council of Jurists in reviewing key laws. The TWG plans to provide a more detailed progress report for the next quarter.

(3) Public Administration Reform: The RGC recognizes that the strengthening of institutional capacity is crucial to sustainable development.  The administrative system and the civil service must be neutral, transparent, professional, responsive and responsible (RS)

1.  Agreement between government and donors on a strategy to phase out donor-funded salary supplements and redirect them in support of pay reforms in priority areas by June 2005. (Ref. to RGC’s Action Plan for Harmonization and Alignment, Section D.1.c and NPAR priorities section 2.1.3)

2. The Council of Ministers approve by November 2005 for implementation starting in January 2007, a phased medium-term civil service remuneration plan to improve civil service pay selectively to appropriate levels, that will allow the public administration to attract and retain talent. The plan shall be coherent among State institutions, sustainable and consistent with the RGC approved Medium-term Expenditure Framework. (Ref. to NPAR priorities section 2.1.1, 2.1.3 and 5.1 and PFM Consolidated Action Plan measures 2.3 and 2.4).

3. Pilot implementation of pay and employment reform initiatives--that are fully consistent with each other-- and that reward performance and promote merit in at least 3 sectors or professional streams during 2006

4. Gradual reduction of cash transactions in the payment of salaries through the use of the banking system and electronic transfers. Parameters and preparation of pilots for payments via electronic bank transfers completed by November 2005 (Ref. to NPAR priorities section 2.1.2 and PFM Consolidated Action Plan 7.12).

 5. A meritocratic human resource policy with a detailed and sequenced implementation plan will be adopted by the Council of Ministers.

A sub-group of the TWG members has prepared an Action Plan that will be reviewed and approved at a meeting of the full PAR Working Group in March. The Working Group has reported that systematic progress towards achieving these joint monitoring indicators will be made if necessary resources can be mobilized in time.

The effective implementation of the Public Administration Reform Program of the Royal Government is central to successfully addressing the Good Governance issues.

The Royal Government urges all development partners to give a high priority to this reform area. There is now an urgent need for development partners to focus their support to move forward the Royal Government's reform program in this critical area. 

(4) Decentralisation & Deconcentration (D&D): Decentralization must be implemented in conjunction with de-concentration to build capacity at the municipal, provincial and district levels (RS)

1. The RGC National Policies, Strategic Framework, Action Plan finalized by March 2005 and submitted to Council of Ministers for approval.

2. The first draft prepared for consultation of the D&D organic Laws on the Management of Provincial & District, Municipalities and the Capital, produced within the D&D strategic framework. 

The D&D Working Group has reported that a draft of the Strategic Framework for D&D reform has been prepared that is being reviewed by decision-makers at the highest levels of the Royal Government. After approval, that is expected by the end of March/early April, it will be presented at a workshop to senior officials of ministries and agencies for review and discussion. The development partners will be invited to this workshop.

Work on the drafting of the Organic Law will begin as soon as the Strategic Framework for D&D Reform has been approved

The D&D Working Group has recommended that there is a need to establish priorities for laws that are to be drafted.

(5) Public Financial Management : The maintenance of strict budget discipline is crucial to ensure a favourable macroeconomic and financial environment to consolidate the foundation for sustainable and equitable economic growth (RS)

1.  Implement RGC's PFM reform agenda: first 12 months of platform

The PFM TWG has reported that out of the 94 planned activities to implement RGC’s PFM reform agenda in the first 12 months of the platform 1, 14 activities have been completed. Work on another 60 activities is ongoing and 20 activities are waiting for TA.

The PFM TWG has highlighted the need for donors and government to be more pro-active in mobilizing resources for the PFM TWG secretariat and to be more decisive on programme implementation issues. It has pointed out that after the multi-donor trust has been set up and running, PFM programme implementation momentum should accelerate.

(i)     Cross-cutting for Agriculture and Natural Resources Management: It is necessary to enhance and broaden the base for economic growth by opening and utilizing the potentials in other sectors, especially in the high potential agricultural and agro-industrial sectors, so that the nation will obtain larger positive windfall gains in the improvement of the livelihoods of the rural people (RS)

1. Pass/enact key laws and sub decrees, governing natural resources management, including fisheries law and community fisheries sub decree (rollover), state land management and economic land concessions sub decrees and enforcement of Article 18 of Land Law, that private sales transactions on state lands are illegal and hence should not be validated by officials.  Joint development of a medium term sector strategy for agriculture, including irrigated agriculture, has been commenced by March 2005, with an overall policy and strategic framework completed by December 2005

2. Maintain suspension/moratorium on logging, transport of  logs (except those which have been already inventoried and for which royalties have been paid in full), and  new economic land concessions pending completion of applicable review processes and/or  a legal framework

3. Increase transparency of state management of natural resources through immediate public disclosure of existing contracts and compliance status (royalties and other key provisions) of contracts governing economic land concessions, mining concessions, fishing lots and continued disclosure of status of review of forest concessions

4. Application of sustainable management planning, including ESIAs, investor evaluations, consultation with local communities, public disclosure and comment period prior to entering into new contracts for private use/management of state managed natural resources (land, fisheries, forestry, and mines)

5. RGC disclose the location and legal status and process for termination of mining concessions, Military Development Zones, economic land concession and other development arrangements situated on forest land or in protected areas and inconsistent with law governing management of these areas 

The Fisheries Working Group has prepared an Action Plan but did not provide any information on the status on the Fisheries Law and Community Fisheries Sub-decree.

The Land Working Group has reported that:

1. Participatory consultations on the first draft of the Sub-decree on state land management and economic land concessions are on-going at national and regional levels mostly thorough workshops.

2. With respect to enforcement of Article 18 of Land Law regarding private sales transactions discussions are on-going. 

The Agriculture and Water TWG has reported that the preparation of the medium-term sector strategy is a key priority in its work plan. However, it has noted that the time frame is limited if the strategy is to contribute to the NSDP.

The Forestry and Environment Working Group has reported that, by and large, work is proceeding as planned and progress is being made to achieve the targets of joint monitoring indicators 2,3, 4, and 5.

• With respect to the enforcement of Article 18 of the Land Law, the TWG has asked for clarification on the role of the MLMUPC and the Ministry of Interior. It has also recommended that a working group to draft policy and legal regulations (sub-decree or parkas) on Article 18 be set up and an expert recruited to carry out the work.

• The Land TWG is also seeking clarification from GDCC on who is responsible for reporting on joint monitoring indicators 1-5.

• There is an urgent need to fast track work on preparation of sector strategy for agriculture.

Please see comments of the Land TWG above.

2. The revised PPI process articulated in the draft Law on Concessions will be adopted by the Council of Ministers and submitted to the National Assembly during 2005.   Implementing Regulations will be issued by June 2005. Beginning June 2005, any new PPI deals will be done in conformity with the law as submitted to the National Assembly and the implementing regulations.

3. The Council of Ministers will approve an SME development framework, including a definition of SMEs to be used among all Government agencies, developed by the SME committee and in coordination and consultation with other line ministries and private sector representatives.

4. The draft Law on Commercial Arbitration is adopted by the Council of Ministers and submitted to the National Assembly.  As evidence that the law is implemented, at least one recognized arbitration center, with appropriately trained and respected staff and a roster of trained and respected arbitrators will have issued at least two arbitration judgments.

1. These will be treated as cross cutting issues to be addressed under the broader umbrella of formulating the next 5 year National Strategic Development Plan for 2006-2010

2. Gender Equality: Put in place the Legal Framework for Protection

• Draft Domestic Violence Law is adopted by the Council of Ministers and submitted to the National Assembly and a Prevention Plan adopted

• Draft Anti Trafficking Law is adopted by the Council of Ministers and submitted to the National Assembly  and a Prevention Plan adopted

• Food Security and Nutrition TWG has suggested that food security should be mainstreamed in the process of the preparation of the NSDP.

• Planning TWG has not yet been established. There now an urgency to fast track this process by the MOP and concerned development partners.

1. Timely disbursements of the budget for Health and Education as agreed in the PFM Action Plan.

The Health Working Group has reported that the issue has not yet been discussed. However, it is planned to be on the agenda for the TWGH meeting in March.

The Education Working Group has not provided any information on the current status.

1. Implement--and monitor implementation progress on a six monthly basis—the Harmonization Action Plan and the Partnership Principles

Cambodia's report on progress toward enhanced aid effectiveness was prepared and presented at the High Level Forum held in Paris from 28 February to 2 March.

The Partnership and Harmonization TWG is monitoring the implementation of the H&A Action Plan and the UNDP Support Program at CDC/CRDB has allocated resources to provide support to TWGs that need any assistance on implementing the H&A Action Plan. The six month report will be prepared by CDc/CRDB and presented at the next GDCC meeting.