Development Partner Remarks

Anti-Corruption, Legal and Judicial Reform

at the 17th Meeting of The Government-Development Partner Coordination Committee Phnom Penh, October 18 2010

 

Anti-Corruption

 

delivered by Mr. Theodore Allegra, Chargé d' Affaires, Embassy of the United State of America on behalf of Development Partners 

 

Discussion Point

 

The Development Partners congratulate the Royal Government of Cambodia on the passage of the Law on Anti-Corruption and the establishment of the National Council for Anti-Corruption and Anti-Corruption Unit. These are major achievements, and we now look forward to the robust implementation of this important piece of fundamental legislation.  Essential to this is the new permanent and independent anti-corruption enforcement agency, the Anti-Corruption Unit.

 

The Development Partners would like to work with the RGC in combating corruption and strengthening the new Anti-Corruption Unit (ACU).  In order to do this we would like to ask about the Royal Government of Cambodia’s plans for the ACU.  

 

  • Specifically what is the anticipated budget and level of staff? 
  • What are the capacity support needs?
  • When will the strategic plan be finalized?

 

Consideration for adopting a law on Access to Information Law would be a good complement to the Anti-corruption law. What is the Government’s thinking in this regard?  

 

Legal and Judicial Reform

 

Delivered by Mr. Flynn Fuller, Mission Director, USAID on behalf of Development Partners

 

 

Discussion Point

 

The development partners are pleased to see the progress made in the area of Legal and Judicial Reform. Noteworthy accomplishments include the passage of the Law on Anti-Corruption, the Civil Code, the Civil Procedure Code, the Penal Code and the Penal Procedure Code. They also welcome the adoption of the Law on Expropriation and the development of the prison law, of the Circular on the resolution of temporary settlements and of the housing policy, and are ready to explore with the Government cooperation to support their completion and implementation. Building on these accomplishments, the Development Partners encourage the Royal Government of Cambodia to pass the remaining fundamental laws on the organization of the courts; the statute on judges and prosecutors; and the law on the amendment of the organization and functioning of the Supreme Council of Magistracy as a matter of urgency.  Adoption of a Juvenile Justice Law is also critically linked to the full implementation of the Penal Code.  These laws are critically important in order to bolster the rule of law, good governance and the administration of justice. Donors await the specific requests from the Royal Government of Cambodia and stand ready to provide technical assistance in these efforts.

 

Development Partners welcome the steady judicial proceedings of the ECCC and hope that the Royal Government of Cambodia will make the most of the experiences of the ECCC to strengthen the national judicial system.

 

The next critical step after passage of these laws is their effective implementation.  Robust implementation of these laws will require an adequate budget, a comprehensive training plan and the active preparation of the necessary secondary legislation required to implement the provisions of the new Codes.  The Development Partners encourage the Royal Government of Cambodia to consider the full implementation costs of these new laws and to budget accordingly. 

 

  • How does the Royal Government of Cambodia plan to address the need for adequate support of both the passage of the remaining fundamental laws and the implementation of key laws that have already been passed? 
  • How can donors assist in the drafting and implementation of these laws?