The Action Plan
( April 2005 ) to implement the legal and judicial reform (June
2203) has been implemented in accordance to the identified 7
strategic objectives adopted by the Royal government of
Cambodia. In fact, the Royal Government of Cambodia has shown
its clear commitment to continue the implementation of the legal
and judicial reform strategy through the Rectangular Strategy
Phase II in the speech of Samdech Decho Prime Minister on
September 26, 2008.
2.1.
Outcomes related to the legal reform
Regarding the
modernization of the legal framework , around 140 laws have been
adopted, in particular those three fundamental laws which are
most needed by the courts, namely the Civil Procedure Code, the
Civil Code and the Penal Procedure Code. The draft of Penal Code
was adopted by the Council of Ministers and sent to the National
Assembly on July 22, 2009.
Great eff0/1s
have been put in place to speed up the adoption of laws related
to the judiciary. In fact, the Ministry of Justice has already
sent the draft law on the Organization of the Coul1 to the
Council of Ministers Office. The draft law on the Statute of
judges and prosecutors has passed the first meeting between the
Council of jurists, the ECOSOCC, the General Secretariat of the
Government and the Ministry of Justice. The finalization of the
Guidelines on the Law-Making Process has been undertaken by a
special working group at the Council of Ministers Office. This
Guidelines is one of the key regulatory texts needed by the
legal units in the line ministries and institutions involved in
the law drafting.
Regarding the
enhancement of the access to legal information, the publication
of laws and essential regulations has been undertaken by the
General Department of Official Gazette of the Council of
Ministers Office through the Official Gazette. The General
department of Official Gazette regularly publishes the Official
gazette every week in hard copy and every quarter in CD Rom. The
Academic Committee on Legal Terms has produced 2100 copies of
its first edition. in Khmer, English and French in 2008. The
Supreme Court publishes its own decisions regularly. The
decisions of the lower courts have been published by the
Ministry of Justice working group for the Supreme Council of the
Magistracy twice a year.
2.2.
Outcomes related to the judicial reform
Strengthening
judicial services is strengthening the capacity and code of
conduct of providers of these services, include judicial police,
prosecutors, lawyers, court clerks. bailiffs. notaries and
prison guards, etc.
The code of ethics of judges, prosecutors and some categories of
civil servants (health, education, inspection, interior) were
adopted. The Ministry of Justice is drafting the code of Ethics
of court clerks. Provisions on access to decision of courts and
rights to appeal are introduced in the civil and penal procedure
codes.
To increase the capacity of judicial officials and relevant
officials we established the Royal Academy for judicial
profession, Center for Training of Lawyers and Royal Academy for
Police, etc. The Royal Academy for Judicial profession is
training judges, prosecutors, cour1 clerks, and in the near
future bailiffs and notaries. So far, through training,
(initial/continued) 287 judges and prosecutors, 6 J8 court
clerks and close to 400 lawyers are on the job.
Measures against
corruption in the judiciary are undertaking by the Supreme
Council for the Magistracy under the leadership of the king. The
Disciplinary Council of the Supreme Council of the Magistracy
took disciplinary measures against a significant number of
wrongdoers judges and prosecutors. Works of the Disciplinary
Council has been strengthened recently by Anukret n° 160 dated
on September 23, 2009. The anti-Corruption Unit of the Council
of Ministers Office is operating normally and is significantly
efficient. Beside the existence of sufficient number of laws,
the judiciary needs appropriate equipment and material, as well
as adequate procedures in order to deliver an efficient and fair
legal process to the people. Because the state has no
possibility to provide all of what was mentioned above, at the
moment we established a project called Model Court Project
through which we select four coul1s, namely Kandal Court, Phnom
Penh Court, Kompong Cham court and Banteay Mean Chey court. So
far, those four courts arc finalizing their Strategic Plan and
Business Plan in order to transform themselves, step by step,
into model court from the middle of the year 2009. ECCC is also
considered as model court for the Cambodian judiciary. Judges
and prosecutors salary and budget of some relevant institutions
were increased in accordance with the possibility of the
Government. The project to establish specialized courts is
underway.
In order to
lighten the judiciary works and bring the judiciary closer to
people. we establish and pilot Alternative Dispute Resolutions
mechanisms to resolve disputes occurred at the commune level.
such as Council for Arbitration to solve labor disputes,
Cadastral Committee to solve land dispute at district level.
provincial level and national level. National Authority for Land
dispute Resolutions. and we are piloting 20 Maison de la justice
at district level and 77 Committee for Dispute Resolutions at
the commune level. There are some ongoing projects to prevent
crime and domestic violences at the commune level and also at
the indigenous community.
In collaboration
with ministries and institutions of the justice sector and the
DP. the General Secretarial of the Council for Legal and
Judicial Reform is finalizing the Manual on the planning.
budgeting. monitoring and reporting for the justice sector
institutions. A project called Indicators Monitoring System
Project to monitor the implementation of activities identified
in the Action Plan is underway. This Project will start to
monitor the implementation of the Model Court from 201O.
Excellency,
Ladies and Gentlemen
So far, more
than 60% of 97 priority actions are totally and partially
implemented. but like other business the received outcomes are
always not 100%satisfied in comparison to the expected outcomes.
For that reason the Council for Legal and Judicial Reform plans
to organize a national workshop in order to collect, opinions
ideas, comments and suggestions from relevant Ministries and
institutions of the justice sector and concerned DP. An updating
work will follow after that workshop which will be held on
November 2009 in accordance to the availability of Samdech decho
Prime Minister.
Our purpose is
to reach the objectives determined by the Royal Government of
Cambodia under the clever and astute leadership of Samdech akak
Moha Sena Padei Decho Hun Sen, Prime Minster, shrewd
leader of the Kingdom of Cambodia.
Thanks you !
