FIFTH GDCC MEETING
12 December 2005

OVERVIEW OF TWGs PROGRESS IN 2005

Prepared by
Secretariat of GDCC

1.      Overview

1.   The main purpose of this report is to present an overview of progress that has been made by TWGs over the last twelve months in implementing their Action Plans and in addressing the issues related to achieving the Joint Monitoring Indicators (JMIs) agreed at the last CG meeting. It is based on information that has been provided by TWGs in their quarterly reports to the Secretariat of GDCC and a broad assessment reflecting the issues discussed at the quarterly GDCC meetings.  Based on experience over the last year, the Secretariat would like to note that there is a significant variation in the quality of information provided by the TWGs in their quarterly reports. In order to be better informed about the operations of the TWGs, the Secretariat of GDCC has assigned CDC/CRDB staff to liaise with their assigned TWG. They will be attending the meetings and discussions of the TWGs. 

2.    Overall, the TWGs are making steady progress. Some are functioning better than others. The year 2005 has been a year of learning-by-doing for both ministries and agencies, as well as donor members of the TWGs.  Over the next year, the Secretariat of the GDCC will be carrying out a review, jointly with development partners, to examine whether or not the TWGs as they are currently structured are appropriate to meet Royal Government’s current and emerging needs and to develop broad guidelines for the operations of the TWGs.

3.    In the last questionnaire that was sent to the TWGs, the Secretariat had attempted to collect information on TWGs estimates of financial resources needed to implement their Action Plans for 2005 and the amount of resources that they were able to mobilize. The responses to the questionnaire show that very few TWGs had prepared estimates of resources that they needed to implement their Action Plans for 2005. For those who have not been involved in discussions between RGC and development partners in late 2003 and 2004 on the formation of the TWGs and the GDCC mechanism, the following extract on the terms of TWG operations that were agreed is presented to facilitate TWG operations.

Each working group must prepare its Terms of References (TORs) that clearly define its roles and responsibilities. However, to ensure consistency across working groups the TORs of each working group will include the following basic generic elements:

1. Each Working Group shall jointly prepare detailed strategies or policies for the sector that is being dealt with by the Group, if they have not been developed so far, ensuring that these strategies or policies are consistent with the Rectangular Strategy. For Working Groups that have already developed the strategies or policies, they should be revised, if necessary.

2. After the strategies or policies have been prepared, each Working Group shall develop an Action Plan and identify priorities and modalities of support for the implementation of the Action Plan. The Action Plan shall be considered to be a joint document of the Royal Government and the donor community for monitoring progress by the Working Group.

3. Each Working Group shall be responsible for mobilizing resources needed for the implementation of the agreed Action Plan. If the resources are not enough, both the Government and the donors shall work together to re-prioritize their activities in line with the available resources.

4. Each Working Group shall jointly monitor progress against benchmarks that have been set forth to increase aid effectiveness and to achieve the strategic objectives laid out in the Rectangular Strategy and Cambodia's Millennium Development Goals.

4.      Now that the NSDP for 2006-2010 has been prepared it will, after necessary approvals, serve as the operational instrument to implement the Rectangular Strategy and CMDGs.

5.      Looking back at TWGs performance in 2005, one issue that emerges is the lack of correlation between activities planned to be implemented by TWGs and the mobilization of resources needed to carry out the planned activities over the last year. The Secretariat of GDCC would like to note that TWG’s that have linked their activities and identified the resources needed to implement these activities are performing better than those who did not establish these linkages. There is need for TWG’s  to pay special attention to this area. Because of limited budget resources, ODA is the major source for financing of RGC’s development programs. The efficient allocation and utilization of these ODA resources to meet RGC’s development priorities in an environment of mutual accountability is, therefore, of critical importance for the Royal Government.

6.    In terms of achieving the targets of the Joint Monitoring Indicators, significant progress has been made over the last year. It is, however, again noticeable that in areas where there is clear linkage between planned activities and the resources needed to implement the activities -- significantly better progress is being made than in those areas where this linkage is either weak, missing or there is lack of ownership by concerned institutions.

2.       Review by TWG

i.      TWG:  Agriculture and Water

• The TWG had prepared an Action Plan, but progress in implementing the planned activities has been limited.  Only one of the eight planned activities has been completed while seven activities are behind schedule.

• The TWG has reported that while it has made progress in a number of areas, the Action Plan was too ambitious.

• TWGs work appears to have been constrained by lack of ownership, commitment and effective coordination by concerned institutions, on the one hand, and the inability of development partners to engage personnel with substantive technical expertise in the work of the TWG. There has been too much emphasis on processes as opposed to focusing on substantive work.

• In this area, although resources have been available to carry out the work of TWG, effective use of available resources has not been made.

• Agriculture and Water sectors play a critical role in addressing the poverty issues. It is, therefore, very important for concerned institutions and development partners engaged in this TWG to begin to find ways to effectively address the pressing development issues.

ii.      TWG:  Decentralization & De-concentration

• Significant progress has been made in 2005 by the TWG. A Strategic Framework on Decentralization and De-concentration was prepared through an extensive consultative process and was approved by the Council of Ministers in June 2005.

• The Strategic Framework is being implemented under the leadership of the Ministry of Interior. After completion of the mandate of the previous Chair of the D&D TWG, Samdech Prime Minister has appointed H.E. Prum Sokha, Secretary of State at MOI as the new chair of the D&D TWG, and the normal operation of the TWG will resume soon.

• The collaborative efforts of the concerned institutions and development partners engaged in TWG's work and effective utilization of available resources has produced substantive results, e.g. the complex task of preparing the Strategic Framework was completed, work on the preparation of the Organic Law is now under way, the first draft of the Law and its implementation strategy will be completed by the end of the first quarter 2006, and the preparation of an independent study on donor modalities and mechanism has been initiated.

• As in other TWGs, the Action Plan of the D&D TWG for 2006 will be prepared and will include at least the following activities: (i) an Action Plan to implement the RGC's Strategic Framework on D&D, (ii) formulation of the National Program to support D&D for 2007-2010, and (iii) the drafting of the Organic Law.

iii.      TWG:   Education

• The TWG had made significant progress in 2005. It had planned to implement sixteen activities. Satisfactory progress has been reported on implementing fifteen of the sixteen activities. Work on one activity that has been delayed will be completed in January 2006.

• Delays in disbursements of PAP have been a problem. In its latest report, the TWG has identified several reasons: late submission of requests, need to improve submission process, need to follow-up consistent with MEF procedures, and delays in the utilization of PAP budget for the year until the start of the school year i.e. the month of October. The need for more negotiations with the MEF to improve cash flow system by reducing the number of disbursement trenches is also identified.

• The TWG will be preparing its Action Plan for 2006, after ESP/ESSP for 2006-2010 has been approved.

iv.     TWG:  Fisheries

• The TWG had planned to implement sixteen activities. Progress has been reported on implementing fifteen of the sixteen activities. Work on one activity that has been delayed due to lack of donor funding.

• The TWG has reported that essential information on Aquatic Resources Management Planning has not been provided to the TWG Secretariat which makes planning, coordination and transparency unnecessarily difficult.

• It has reported that the implementation of its Action Plan in 2005 was hampered by lack of resources. The TWG had estimated the total cost of implementing its 2005 Action Plan to be around US$ 6.4 million of which only just over US$ 2.1 million was mobilized.

• The TWG has prepared an Action Plan for 2006.

• Fisheries are an important food source for a large segment of the population. There is a need to ensure that work in this sector is well coordinated, including activities of the NGOs, and is not hampered by lack of resources.

v.       TWG:  Forestry and Environment

• The TWG had planned to implement eleven activities in 2005. Satisfactory progress has been reported on seven activities.

• Progress in implementing the following four activities is behind schedule:

1. Formulation of National Forest Management Plans and management of forests based on the plan -- because of lack of capacity of local staff and lack of funds.

2. Development Management Plans for protected area -- because of  lack of funds

3. Studies on domestic demand for forest products and potential export markets -- because new data is not available.

4. Implementing Overall Capacity Building Program -- because government budget is not enough to cover most of the implementation.

• The TWG had estimated the total costs of planned activities for 2005 to be US$ 15 million. The total resources mobilized are far below what was needed.

• The TWG has identified the following issues for GDCC consideration:

1. There is a need to evaluate the medium to long-term effects of logging and transportation moratorium in connection with, and for, sustainable forest management.

2. Essential information for Natural Resource Management Planning is not being received by the TWG-F&E and TWG secretariat. This makes planning and coordination of the two sectors: Forestry and Environment unnecessarily difficult.

3. It is important that potential upcoming support, from donors and private organizations, is transparent and is thoroughly informed and discussed with the TWG for optimal coordination.

vi.     TWG:  Food Security and Nutrition

• The TWG had planned to implement seven activities. Satisfactory progress is reported on all activities.

• The TWG will prepare its Action Plan for 2006 in January 2006.

vii.    TWG:  Gender

• The TWG had planned to implement fifteen activities in 2005. Satisfactory progress is reported for fourteen activities and one activity.

• The TWG has asked for a greater commitment to gender mainstreaming and additional resources from donors working with specific ministries, as well as from the ministries themselves.

• The TWG does not have information on the resources mobilized in 2005 to implement its Action Plan.

• The TWG did not provide information on whether or not it has prepared its Action Plan for 2006.

viii.   TWG:  Health

• The TWG planned to implement eleven activities in 2005 and has reported satisfactory progress on all activities.

• The total cost of implementing its Action Plan in 2005, estimated to be US$ 13.05 million was successfully mobilized.

• With respect to disbursements, the constraints identified by the TWG include: MOH's budget management capacity especially at the provincial level, and complexity of disbursement process at the central-provincial level. 

ix.    HIV/AIDS

• The TWG did not prepare an Action plan in 2005. It is now in the process of elaborating an action plan for 2006.

• It has reported that concrete steps were taken at the last meeting of the TWG to ensure smooth functioning of the TWG in future.

x.     TWG:  Infrastructure and Regional Integration

• The TWG had planned to implement seven activities in 2005.  Satisfactory progress has been reported for two activities.

• Delays have been reported on the following five planned activities:

1. Transport Sector Strategy, TSS, (MPWT) -- because delay in the Consultant selection.

2. Road Maintenance Strategy (MPWT) -- will be finalized by 2006 CG.

3. Road Law (RL) and Road Safety (RS) -- delay in consultant selection to finalize the draft Road Law and slow progress of inter-ministerial committee's review on draft traffic law.

4. Law of Water Resources Management (MOWRM)  -- pending adoption by the National Assembly.

5. Civil Aviation Law (SSCA) -- pending adoption by the National Assembly.

• The TWG has request that GDCC consider coordination with the National Assembly to accelerate the approval of the (i) Civil Aviation Law and (ii) Law of Water Resources Management.

• The TWG did not provide complete information on resources it required to implement its Action Plan in 2005 nor the amount of resources mobilized.

• It is now in the process of preparing its Action plan 2006.

xi.     TWG:  Land

• The TWG had planned to implement four activities. It has reported satisfactory progress on all activities.

• The TWG has not yet prepared its Action Plan for 2006.

xii.    TWG:  Legal and Judicial Reform

• The TWG has reported that it had planned to implement three main activities in 2005. It has reported progress to be on schedule on two activities and delays in implementing one activity.

• The TWG has reported that "there is a consensus that steps are required to enhance the effectiveness of the TWG process in this sector".  It has identified the need for capacity building of the TWG Secretariat, learning about best practices to enhance effectiveness of the TWG, and the need to develop estimates of costs of implementing planned activities in 2006.

• It did not prepare a budget or mobilize resources to implement its planned activities in 2005.

• It has not yet prepared its Action Plan for 2006 and plan to do in its next meeting.

xiii.   TWG:  Mine Action

• The TWG had planned to implement seven main activities in 2005 and has reported satisfactory progress on six activities.  Progress on one activity has been delayed because CMAA adopted a new approach.

• The TWG did not provide information on resources required to implement its planned activities or the amount mobilized.  

• It has not yet prepared its Action Plan for 2006 and it is expected to be completed in January 2006.

xiv.   TWG:  Partnership and Harmonization

• The TWG had planned to implement five activities in 2005. It has reported that satisfactory progress has been made on four activities.

• Delays have been reported on one activity that concerns the implementation of the RGC's Action Plan on Harmonization and Alignment and included 23 sub-activities. The TWG has noted that in the implementation of these sub-activities the Government side has met all its obligations. On the other hand, only very limited progress has been made on sub-activities that were dependent on donor actions.

• The implementation of TWG's planned activities in 2005 was supported by UNDP -- as the main contributor -- and JICA, World Bank and SIDA.

• The TWG has recommended that in the future realistic target completion dates for planned activities should set based on the nature and complexity of the issue. 

xv.   TWG:  Planning and Poverty Reduction

• The TWG had planned to implement seventeen activities in 2005 and satisfactory progress has been reported on all of these activities.

• The TWG did not provide any information on the resources it needed or had mobilized to implement its Action Plan in 2005.

• It has not yet prepared its Action Plan for 2006.

xvi.   TWG:  Private Sector Development

• The TWG had planned to implement six activities. Satisfactory progress has been reported on five activities. Discussions are on-going on one activity, "Single Declaration Window".

• The TWG did not provide any information on the resources it needed or had mobilized to implement its Action Plan in 2005.

• It has not yet prepared its Action Plan for 2006.

• The TWG has submitted a request that the World Bank consider starting the PPI Capacity Building Program without waiting for the Implementing regulations to be issued. It has noted that the implementing regulations can not be adopted before the promulgation on the Law on Concessions, which is at the moment queuing at the N.A.

xvii.  Public Administration Reform

• The TWG had planned to implement five activities in 2005. It has reported that satisfactory progress has been made on two activities.

• Progress on the following three activities is reported to be behind schedule:

1. Preparation of draft of medium term strategy on remuneration -- because studies have yet to be completed and need to be given priority as soon as possible.

2. Endorsement of decisions on pilots -- MEF pilot is in place, and working is underway to develop PMG/MBPI proposals for Land, Commerce, and Health. Priority needs to be given to complete the pilot proposals before CG.

3. Preparation of merit based HR policy -- the TWG reports that work on drafting HRM Guide is close to completion.

• The TWG has reported the total costs of planned activities in 2005 to be US$ 97,000 that were mobilized from AUSAID and World Bank. This information appears to be incomplete, since CDC/CRDB through its UNDP Support Program has contributed US$ 30,000 towards the cost of recruiting a resource person for the TWG.

• The TWG has prepared its Action Plan for 2006.

xviii.  TWG:  Public Financial Management

• The TWG had planned to implement 224 activities in 2005. Of these, 208 activities have been implemented as scheduled and implementation of 16 (7%) activities has not started yet.

• Work on 35 or 16% of planned activities has been completed while implementation on 173 activities is on-going.

• Of the 173 (77%) on-going activities progress on 25 activities is below expectations.

• The TWG has reported the main reason for delay in implementation of some activities because these activities could not start before the completion of other activities. It also noted that progress in implementing some activities has been slowed because of cross-cutting actions among several departments, the need for additional analysis and consultation before making decision, additional TA requirements, and low cooperation from other key players.

• The TWG has recommended: (i) to review Action Plan and time frame to ensure correct sequencing and time frame at the annual review, (ii) to establish working group to address cross-cutting activities, and (iii) to invite line ministries to the RC and PFMWG meetings and undertake work to improve management of MEF-line ministry engagement on the PFMRP.

• The TWG has reported that it mobilized just under US$ 8.1 million from ten development partners to implement its Action Plan in 2005.

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.

The Ministry of National Assembly-Senate Relations and Inspection (MoNASRI) has been mandated by Samdech Prime Minister to report on cases of corruption. Detailed reports by MoNASRI on the missing food-for-work case and corruption cases of judges, prosecutors and court clerks were provided to GDCC at its Third Meeting in June 2005.

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

The Anti-corruption Law has been drafted. MOJ has reviewed the draft from the Ministry of National Assembly and Senate Relations and Inspection.

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).

A number of concrete actions to increase access to information held by public authorities have been taken. For example:

• The Department of Fisheries has opened the bidding process for fishing lots to the public.

• MAFF has agreed to release information on public land concessions.

• Information on forest concession reviews is now available at Public Affairs Unit of the Forestry Administration.

(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

• Penal Code, Code of Penal Procedures, and Civil Code have been drafted and are being reviewed by an Inter-Ministerial Committee. 

• Code of Civil Procedures has been drafted, and is being reviewed by the Permanent Committee of National Assembly.

• Organic Law on the organization and Functioning of the Courts have been drafted and are being reviewed by the Permanent Committee of the National Assembly.

• Law on the Amendment of the SCM has been drafted. It has been reviewed by Council of Jurists. The MoJ is redrafting to take into account the abolition of SCM secretariat.

• Law on the Statutes of Judges and Prosecutors has been drafted and reviewed by Council of Jurists that has made changes. The MOJ is now redrafting.

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)

A draft of the strategy has been prepared, together with a questionnaire for discussion and approval by PAR TWG on 6 December 2005.

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).
 

The TWG on PAR reports that the operational review in three Ministries is underway and the strategy will be finalized before CG meeting. 

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
 

The pilot for the PFM Program is now being implemented. Work is currently underway for pilots in Land, Commerce, and Health.

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).

To move to payment of salaries through the banking system and electronic transfers competitive bids are being sought from the banking sector.

Work is underway through TWG on PAR on the preparation of HRM guide that will incorporate merit based principles.

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

COMPLETED.

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

Is being successfully implemented as planned.

(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)

• Draft Fisheries Law has been prepared and sent to the National Assembly.

• The Royal Decree of Community Fisheries was signed by the King on 29 May 2005. The Sub-Decree was signed by the Prime Minister on 10 June 2005. The DoF conducted a meeting in July 2005 with NGOs and provincial fisheries offices to disseminate information on enactments.

• Provincial fisheries offices have plans to have the sub decree and Royal decree spread out at provincial and community level, which will commence in late August/September 2005.

• Sub-decree on SLM has been approved and implementation is in progress. The sub-decree on ELC is being considered by CoM and expected to be approved before end of 2005. Discussions on enforcement of Article 18 of Land Law is on-going.

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.

Met. The TWG on Forestry and Environment has raised a concern that available wood supply might not meet the increasing domestic demand due to logging moratorium.

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

• Reported to have been met by TWG -F&E. Information on forest concession reviews is now available at Public Affairs Unit of the Forestry Administration.

• MAFF is preparing information on economic land concessions that will be released in accordance with Samdech Prime Minister's notice following 30 June with donors.   

• The Department of Fisheries has opened the bidding process for fishing lots to the public.

• MAFF has agreed to release information on public land 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)

• Reported to have been met by TWG -F&E. SFMPs of forest concession plans are being reviewed according to procedures set under the sub-decree.

• DoF in cooperation with Provincial/Municipal Fisheries offices is implementing a number of initiatives to crackdown on illegal fishing activities and to raise awareness of fisheries protection resources.

• On community fisheries, regulations to execute and further extend the Royal Decree and Sub Decree have been prepared.  On Marine conservation, the 10-year-Action Plan of Coral Reef and Sea Grass Management has been finalized.

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. 

• In collaboration with Provincial Agriculture Departments the DoF is taking measures to suppress cutting flooded forest activities. It is cooperating with lot owners to help in protecting illegal fishing during closing season.

• There are still difficulties in getting information on developments in forest areas from different agencies.

1. The Government will establish a single entry point, or Single Window, that will allow parties involved in trade to fulfill the documentary requirements for import or export in a single transaction.  Multiple interactions with agencies will be replaced by information sharing within Government.  This will be achieved as a key step toward an automated Single Window process including CED and other relevant agencies.

A Single Window is being established as scheduled.

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.

The Law on Concessions was adopted by the Cabinet on July 15, 2005.

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.

The SME development framework was adopted by the Cabinet on July 29, 2005.

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.

Gender, Poverty, and HIV/AIDS

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

The TWG on Gender has reported that NSDP is more gender responsive than previous national plans.

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

Met. Domestic Violence Law was promulgated in November 2005.

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

• UN protocol on Prevention, Intervention and Punishment of Human Trafficking was ratified by National Assembly on November 25, 2005.

• Draft of Anti Trafficking law with MOJ that will be submitted to the COM after consultations.

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

Delays in disbursements of PAP have been a problem.

• In its latest report, the TWG Education has identified several reasons: late submission of requests, need to improve submission process, need to follow-up consistent with MEF procedures, and delays in the utilization of PAP budget for the year until the start of the school year i.e. the month of October. The need for more negotiations with the MEF and to improve cash flow system by reducing the number of disbursement trenches is also identified.

• The TWG Health has noted that MOH's budget management capacity especially at the provincial level, and complexity of disbursement process at the central-provincial level as part of the reason for these delays.

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

Met.

• Cambodia's Report on Progress Toward Enhanced Aid Effectiveness was presented at the Second High Level Forum in Paris in Feb-March 2005.

• The six month progress report was presented by the Chair of the P&H TWG at the TWG meeting on 4 July 2005.

• The annual progress report for 2005 will be prepared before the CG meeting in March 2006.

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