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TWG: Decentralization and
Deconcentration
TWG
Action Plan
16.
The TWG planned to implement seven activities and has
reported progress on all scheduled activities.
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Completion by the First Quarter of the draft organic
law(s) on sub-national democratic development which establishes
structures and systems at provincial, municipal, district, khan, commune
and sangkat levels as well as a strong Implementing Authority that will
oversee implementation of the Organic Law. A
first draft of the annotations and explanatory notes of the draft law
has been formulated. Guidelines for a number of regulations under the
organic law (ex. Conflict resolution, code of conduct, gender
mainstreaming) are also being prepared. The first drafts of the law,
Volumes 1-4, were completed in June with the summaries presented to the
NCDD in September. The first draft of Volume 5 was completed in
December. MOI review and discussions have been conducted since
June. TWG reported that the technical details and internal policy
complications in the draft organic law caused the delay in the
formulation of the first draft.
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Consultations on the draft law with the IMC Task Force (TF)
and other stakeholders (including the TWG on D&D) starting the 2nd
quarter.
An interim
implementation authority, the NCDD, was created by Royal Decree in
August to take over the coordination of the D&D reform process from the
IMC. The NCDD held its organizational meeting in September. The agenda
of meeting included the presentation of the highlights of the first
draft (vol.1-4) of the law, adoption of the provisional implementation
framework and the TOR of the RGC’s SNDD program formulation activity,
and the creation of the NCDD Task Force (TF) and NCDD Secretariat.
Consultations and presentations on the highlights of the first draft
were done by MOI in various fora, starting in August with the call for
election funding and National Congress of Communes/Sangkats. These
consultations involved various stakeholders and sectors. As part of the
review process, the draft law was subjected to a translation audit by
the CDRI. These presentations and consultations were considered
inadequate as they were limited to the highlights of the draft law. Some
stakeholders were clamoring for the chance to review the details in the
law. However, the MOI maintained that the details will be released as
soon as the NCDD has reviewed and finalized everything.
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Formulation by MoI of the preliminary and provisional
framework/outline for implementation of D&D reforms and organic law by
the first quarter. This provisional implementation framework focuses on
the activities in the preparatory phase to be done in 2006 while the
organic law is being formulated. It also includes key activities in the
succeeding phases of implementation from 2007-2013 and onwards. During
this first phase, crucial preparatory work will be completed, including
consultations on the draft Organic Law and the preliminary
Implementation Framework, and the formulation of a preliminary Royal
Government Program for SNDD that includes the transition and phasing out
of Seila.
Preparatory work, including the conduct of studies on the delineation of
urban areas, baseline information setting of subnational structures, and
the other studies recommended by the Independent Study, are being done
by the MOI as NCDD Secretariat. Preliminary work within MOI, including
its organizational review and restructuring is in progress and resulted
in the sub-decree for the transformation of the General Department of
Administration into the General Department of Local Administration.
The preliminary implementation framework is currently being reviewed
and updated to reflect the accomplishments in 2006 and review and reset,
as necessary, the activities arising from the changes called for in the
draft organic law and the succeeding D&D policy issuances.
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Issuance by the IMC/MoI of supplementary policies to the
June 17,
2005 D&D framework which are allied and associated to SNDD policy.
Supplementary, allied and associated SNDD policies have
been issued by the DPM.MOI in various occasions, including matters such
as the creation of the D&D Donor Fund, the formulation of a suitable RGC-Donor
Umbrella Agreement, the transition and phase out of Seila and the
creation of the interim implementation authority (NCDD) that
consolidates the functions of the NCSC, the IMC and the other D&D
institutions. MOI is currently drafting a memorandum summarizing
the contents of the organic law and how the draft law has translated and
expanded the strategic framework into the legal framework of the organic
law.
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Preliminary arrangements for and implementation of the
following recommendations of the independent study adopted by the IMC
were (i) formulation of a preliminary Royal Government Program for SNDD
to be adjusted where necessary once the Organic Law is adopted; (ii)
design of a common flexible strategy through which the relevant
components and functions of Seila will be phased out and incorporated
into new and existing government institutions, as a part of the overall
Program for SNDD; (ii) study and design of a Decentralization and
Deconcentration Fund (D&D Fund) for pooled donor resources, undertaken
in consultation and partnership with donors; (iv) preparation of a Royal
Government-Donor umbrella Agreement on Decentralization and
Deconcentration Support that will serve to align donors to the SNDD
policy, the Organic Law and the Royal Government’s Implementation
Framework and Program for SNDD.
The TOR
for the SNDD Program formulation has been approved by the NCDD.
Implementation arrangements for the SNDD program formulation are
underway, and incorporate the study and design of the D&D/SNDD fund and
the RGC-Donor Umbrella Agreement. The arrangements for the
transition and phase out of Seila have been underway since September,
with MOI initiating and coordinating the process.
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Completion of the independent study and review and
decisions on the study by IMC/MOI.
Review,
discussion and decision on study by IMC was conducted on May 18, 2006;
Presentation to donors of study results and IMC decisions on the
study was done on May 24, 2006. The report was submitted on April 28,
2006.
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Review and formulation of D&D support programs of donors
to consider the organic laws, strategic framework for D&D, and the
recommendations of the independent study; and preliminary and
provisional transition arrangements for support programs.
The NCDD TF and/or the NCDD Secretariat have been
coordinating the review and provisional arrangements for the formulation
and implementation of D&D support programs of donors.
Joint
Monitoring Indicators
17.
Organic
law(s) on sub-national democratic development submitted to and adopted by
the National Assembly and Senate.
A first
draft of the organic law consisting of 5 volumes has been completed in
December. MOI has been conducting consultations and review internally and
with other stakeholders in government on various aspects of the draft law.
The drafting process has been constrained by the greater than expected
technical and internal policy complications in the law, giving rise to the
need to include and integrate considerable detain in the law to avoid
misunderstandings and ambiguity and to guide future long-term direction.
18.
D&D and
organic law implementation framework/outline prepared (preliminary and
provisional pending the enactment/approval by the National Assembly of the
organic laws).
A draft
implementation framework was prepared during the First Quarter and adopted
by the NCDD in September. The component on the Preparatory Phase (2006)
was circulated by the IMC in June. The implementation framework sets out
the key activities and time lines for the implementation of the organic
law. It also sets out the preparatory activities undertaken while the law
is being drafted and enacted. The preliminary and provisional
nature of the implementation framework makes it difficult to enforce its
implementation. The framework requires continuing review and
expansion/revision in accordance with the changes in the draft law and the
issuance of supplementary policies to the 2005 Strategic Framework on D&D.
19.
Review and
formulation of D&D support program for reform and investment for local
development.
The donor
program for SNDD support, the successor to the Seila/PLG program, has been
reviewed by the NCDD TF. Since the organic law/SNDD legal framework and
the RGC SNDD program (which would provide the evaluation framework for D&D
support programs) are still in the process of formulation, the donor D&D
support program formulation and review process required several meetings
with the NCDD TF and the MOI to thresh out issues.
Implementation status of the H-A-R Action Plan
20.
Sector
ministries and agencies lead the management of ODA supported activities
and increasing proportion of development assistance delivered through
national institutions, systems and procedures.
The IMC has
made preliminary decisions drawing on some of the recommendations in the
Independent Study report, pending adoption of the Organic Law. These
include, among others: (i) study and design of a Decentralization and
Deconcentration Fund (D&D Fund) for pooled donor resources, undertaken in
consultation and partnership with donors; (ii) preparation of a Royal
Government-Donor umbrella Agreement on Decentralization and
Deconcentration Support that will serve to align donors to the SNDD
policy, the Organic Law and the Royal Government’s Implementation
Framework and Program for SNDD.
21.
The number
of parallel PIU/PMUs for day-to-day management and implementation of
external funded projects and programs steadily reduced.
The
TWG has participated in the survey on number of existing PMUs/PIUs in the
MOI structure, and submitted a survey questionnaire in early March.
22.
Capacity
development issues are addressed in the formulation of Sector Plans and
ODA supported programs/projects with development partners' financial
support to achieve targeted development results.
It is the
intention of the National Committee (NCDD) to formulate and adopt a
preliminary Royal Government Program for Sub-national Democratic
Development (SNDD Program) for 2006-2012. The SNDD Program is primarily
intended as an interactive implementation plan for the benefit and the use
of the Royal Government and its national and sub-national components.
Terms of Reference for its formulation are being prepared and the call for
funding support will soon be made by the NCDD. Implementation arrangements
have been underway under the coordination of the MOI.
Resource
mobilization
23.
The TWG did not report on this matter.
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