COUNCIL FOR THE DEVELOPMENT OF CAMBODIA (CDC)


Decentralization

(i) Introduction The Royal Government’s decentralization reforms graduated to a new phase on February 3, 2002 when 1,621 commune councils were elected. Commune councilors are undergoing initial capacity building training that is scheduled to be completed by June 2002. Each new commune council has one year to approve a commune development plan. NGO contributions to decentralization have been financial and in the areas of training local NGOs and government authorities regarding decentralization reforms, commune councilor capacity building technical assistance to the Royal Government and public consultations. Recent Prakas have addressed many of the concerns relating to decentralization expressed in the NGO community in the last year. However, some key issues remain to be tackled, many in regard to the interrelationship between decentralization and poverty reduction. A correlation between poverty reduction and decentralization is not automatic. A correlation exists only if certain conditions exist. International experience teaches that pro-poor decentralization can be achieved only if the rural poor have the capacity to protect their own interests, government agencies for rural development and NGOs do not overpower the councils and grow too big, programs target specific groups of the poor and training programs for rural development projects emphasize informal on-the-job training. In addition, the role of NGOs, including their relationship with local government, must be clearly defined. (ii) Key Issues Participation by an active grassroots civil society An active grassroots civil society serves two distinct purposes. First, it ensures that the diverse voices of citizens are articulated and heard by local government. Second, an active grassroots civil society can act as a check on local government action and ensure that local government complies with the wishes of citizens - a community based monitoring function that enhances accountability. Both roles promote pro-poor governance. The Law on Elections of the Commune Councils has brought the government to the people. However, that shift does not guarantee that the people in turn will be brought to their government Indeed, this is acknowledged in the Interim Poverty Reduction Strategy Paper (I-PRSP) at page 12. Civil society in Cambodia has little experience in interacting with local authorities as advocates or monitors. The current capacity deficit in this regard, recognized in the I-PRSP, must be addressed. In order to mobilize grassroots civil society to ensure that it plays its rightful and necessary roles, civil society must first understand the function and powers of commune councils and its right to influence council decision-making. While the Prakas on Commune/ Sangkat Development Planning does provide for some civil society representation on planning and budgeting committees as well as other means of participation, it does not establish mechanisms to overcome the capacity deficits that exist at the grassroots level Therefore, the opportunities to participate that are set out in the Prakas are not meaningful until and unless citizens are informed of their rights, the means of exercising those rights and providing feedback to government, informed about the powers and duties of the councils and until they develop the capacity to hold their elected representatives accountable. Capacity building in all these regards is essential. Existing Village Development Committees (VDCs) are likely to be important actors at the commune level. While creating a role for VDCs within the council structure on the planning and budgeting committees has been applauded by many, questions remain to be answered. If, as has been discussed, village chiefs are to act also as VDC chairpersons, VDCs will become a part of local government. That would remove from grassroots civil society strong and experienced voices on development issues. Additionally, there is a need for clarification regarding what requirements must be met in order for a VDC to be represented on a planning and budgeting committee. As part of civil society, NGOs have a key role to play. NGO roles include mobilizing grassroots civil society, building the capacity of citizens to take an active role in local level government, establishing council monitoring systems, service delivery and engaging in dialogue with government at all levels. The role of NGOs in the new legal structures, however, requires clarification. In particular, the relationship between NGOs and commune councils must be addressed so as to ensure that NGOs are able to engage in development work in cooperation with, rather than under the direction of, commune councils. The final comment in respect of an active civil society is in regard not to decentralization per se, but to the PRSP drafting process. It appears that no non-NGO community or grassroots level participation has been elicited. As the primary stakeholders, the voice of the poor should be heard directly by way of open consultative forums at the local level. Funding and programming Commune councils require sufficient funding in order to establish legitimacy within their communities. This is and will be an on-going need. There is also a need to coordinate and maximize the funds and resources that are made available to the decentralization reforms. Coordination can avoid duplicative programs and defragmentation of limited resources and could ensure that there is a more equitable distribution of funds and resources throughout the country. Coordination among donors, among government ministries and within the NGO community is required as well as coordination among those three stakeholders. Transparency regarding funding to commune councils is also of great importance in order to enable community based and other monitoring of commune council spending. Additionally, as founders begin to implement development projects through and with the commune councils, exit strategies must be developed and discussed at an early stage in order to avoid the collapse of projects when funding and/or assistance is withdrawn. Strategies should include guidelines for locally initiated resource mobilization in order to promote autonomy and financial independence of councils. (iii) Recommendations National level: NGO participation in key NCSC sub-committees procedures and established timeframes for public consultation prior to passing Prakas and other regulations relating to decentralization and local governance reforms a publicized schedule of planned Prakas and other regulations, including when the drafting process will begin, when public consultations will be held and when each Prakas or other regulation is expected to be passed a Prakas requiring commune councils to incorporate into their commune development plans specific indicators relating to poverty reduction, equitable distribution of resources, gender, children, ethnic minorities and disabled persons clarification of the requirements that must be met for a VDC to be represented on a planning and budgeting committee prohibition of commune councilors acting also as VDC members requirement that council administrative fees be scaled according to ability of a citizen to pay specific and transparent criteria for the allocation of funds to communes specific development criteria applied when re-drawing commune boundaries add the study of decentralization, local governance and gender to high school curricula Provincial and District levels: capacity building for the Provincial Offices of Local Administration (PoLAs) and other provincial level authorities involved in decentralization, particularly Departments of Planning avoidance of unnecessary proliferation of provincial and district level authorities assigned to deal with decentralization delineated responsibilities outlined in clear terms of reference for provincial and district level authorities inclusion of grassroots civil society representatives at district integration workshops with mechanisms that will enhance its participation (such as first called to speak) written reports to the Department of Local Administration (DoLA) following district integration workshops Commune level: a required minimum of public forums per year within each commune to update residents on all activities of the commune council and offer residents an opportunity to ask questions and provide feedback official minutes taken at every commune council meeting and officially mandated consultative forum made widely available, not only in commune council offices phased-in 50% participation by women on all commune committees mechanisms to attract and enhance women’s participation at legally mandated consultative forums (such as first called to speak) incorporation in commune development planning and plans of indicators relating to poverty reduction, equitable distribution of resources, gender, children, ethnic minorities and disabled persons monitoring implementation of commune development plans based on the above indicators with results contained in the annual reports both written and verbal information regarding commune council activities (including schedules of council meetings, minutes of council meetings and legally mandated consultative forums, council orders, monthly reports, committee reports, commune development plans, budgets, investment programs and annual reports) made widely available to citizens at a regular basis, not only at commune council offices All stakeholders: funding and programming for capacity building at all levels of government and grassroots civil society coordination of finds and resources with a view to avoiding duplication and ensuring more equitable distribution throughout the country funding to commune councils/the Commune Fund funding made conditional on transparency and effective use of funds funding made conditional on the incorporation of the indicators mentioned above to ensure that programs and policies target the poorest members of the community funding for training programs be conditional on on-the-job training methodology and an equal number of positions filled by women with preference to ethnic minorities and disabled persons creation of social funds to enable meaningful grassroots civil society participation NGO roles and assistance NGO roles and assistance, in addition to those listed immediately above, include: training and empowerment of citizens and civil society organizations to independently advocate to and monitor local levels of government organization of civil society forums at village and commune levels dissemination of commune council information at the village level (perhaps establishing or monitoring village bulletin boards) efforts to organize grassroots civil society representation at public forums at all levels of government organization of VDC associations and VDC secretariats organization of and participation in public forums and participation in district integrai7ed workshops partnering with commune councils on development projects (including sub-contracting arrangements) monitoring of commune councils assistance to commune councils and district and provincial authorities regarding governance and planning issues \| 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