GOVERNMENT-DONOR COORDINATION COMMITTEE (GDCC)

FIRST QUARTERLY PROGRESS REPORT
OF THE JOINT TECHNICAL WORKING GROUPS
For the Period: December 2004- February 2005

This quarterly progress report from each Joint Technical Working Group is requested by the Secretariat of the Government-Donor Coordination Committee (GDCC) before 25 February 2005. It will be used to prepare a briefing note for the Second GDCC Meeting scheduled to be held on 7 March 2005. Please return the completed questionnaire to H.E. Chhieng Yanara at CDC in both soft and hard copy.

TECHNICAL WORKING GROUP (TWG): Legal and Judicial Reform (also covering anti-corruption)

Did the TWG prepare its Terms of Reference? Yes þ No ¨
Did the TWG prepare an Action Plan? Yes þ No ¨ (if No, please continue to question 9)

If Yes: When was the Action Plan approved by the TWG? (date / month / year)

Since the 7th CG Meeting held in December 2004 how many times has the TWG met?
Once - 7 February due to leave commitments of donor representatives
Is the scheduling of activities in the Action Plan done by month/quarter? Yes þ No ¨

If No, please go to Q8, but first please identify the methodology that is planned to be employed by the TWG to monitor and report on progress made: .............................................................................................
.....................................................................................................................................................

Please list below activities in the Action Plan that were scheduled to be implemented during the last quarter (December 2004 and February 2005).

Dec 2004 – Feb 2005

From the short term action plan on Legal and Judicial Reform and previous benchmarks, select critical actions as benchmarks and submit to the Consultative Group meeting for approval
Establish appropriate arrangements (joint working groups) for technical work on each of the benchmarks to be supported and monitored by the TWG
Agree on terms of reference for the TWG which reflect sound partnership principles

Feb 2005 onwards

Through a series of joint working groups, support implementing institutions to complete work required for benchmarks to be met
Meet quarterly to report on progress, discuss requests for technical assistance and determine action required to resolve any barriers to progress
Report to CDC and Consultative Group meetings as required and develop potential benchmarks for following years, related to the LJR action plans.

Which of the activities listed in question 5 are being implemented as scheduled?
Activity (please use the same number as shown in Q5)	Comments, if any
From the short term action plan on Legal and Judicial Reform and previous benchmarks, select critical actions as benchmarks and submit to the Consultative Group meeting for approval	All proposed benchmarks adopted by CG December 2004
Establish appropriate arrangements (joint working groups) for technical work on each of the benchmarks to be supported and monitored by the TWG	3 joint working groups led by implementing institutions and with nominated donor co-ordinator approved by TWG 7 February.
Agree on terms of reference for the TWG which reflect sound partnership principles	ToRs circulated for comment December 2004; adopted TWG February 2005.
Other activities ongoing or scheduled for later in the year

What progress has been made toward achieving the targets of the Joint Monitoring Indicator(s) listed in Q9 above? Because of the absence over January of many of the group's members, there has been little joint activity although there has been notable progress within the Council of Jurists in reviewing key laws. Detailed progress will be provided in next quarterly report.
Joint Monitoring Indicator	Progress	Constraints	Recommendation
Anti corruption	Donor support group formed under co- ordination of UNDP with support of USAID, JICA and Australia- to be merged into Government led group under leadership of HE Leng Peng Long Drafting of the amendment of the draft anti corruption law is underway within MoNASRI to be submitted to CoM by end April	On target	Nil
Fundamental legal framework	Laws being progressed in Ministry of Justice. Two groups nominated to bring donors and Government together - both led by MOJ - (1) addressing the Codes - donors co-ordinated by JICA with French Assistance, (2) addressing laws on the judiciary - donors co-ordinated by Australia with USAID, French, JICA and UNDP assistance	On target	Nil

(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)

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 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 before end of 2004 and enacted.
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 difference TWGs will monitor specific indicators of access to information (see Annex for examples).

(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 whit the Constitution and international best practice (such as reflected in international human rights treaties, and by instrument 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 Minister and submission to the National Assembly as a matter of urgency:

Penal Code
Code of Penal Procedures
Civil Code
Code of Civil Procedures
Organic Law on the Organization and Functioning of Courts
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
Law on the Status of Judges and Prosecutors - rolled over
Law on Anti-corruption - rolled over

Please list the activities that are behind schedule, reasons for delay, and the TWG's recommendations for solving the problems.
Activity (please use the same number as shown in Q5)	Reasons for Delay	TWG's Recommendation
Nil.
Please use an extra sheet if you need more space.