CDC - Second Cambodia Development Cooperation Forum



CHART ON THE STATUS OF THE IMPLEMENTATION OF THE ACTION PLAN OF THE LEGAL JUDICIAL REFORM STRATEGY OF CAMBODIA PERIOD: 3rd QUARTER OF 2008 Strategic objective 1: Protection of Personal Rights and Freedom

1.1.1 1.1.2 1.1.3 1.1.4 1.2.1 1.2.2	Program of raising awareness through training, education etc, regarding basic rights at the community level, including reporting mechanisms. Analysis of training and awareness programs for women, Children, minorities and disadvantaged, including disabled people to identify gaps and areas for improvement A systematic information, publication of folders etc. on basic rights and procedures etc. by the involved ministries within their jurisdictions, including on reporting mechanisms Inclusion of human rights, civic education in the school curricula Systematic education and training of officials of all law enforcement agencies Survey of current fundamental rights training programs for law enforcement agencies to identify gaps and areas or improvement	1.2.3 1.2.4 1.3.1 1.3.2 1.4.1 1.4.2 1.4.3 1.4.4	Development of curricula and training material, including establishment of high-level human rights courses and ongoing training program (basic specialized and issue-training) at the universities and professional schools. establishment of special sections at police station to handle women's and children's complaints Administrative procedural code, indulging rules for court appeal By using a participatory methodology and through training develop standard procedures to be followed in rights case underpinned by guidelines in accordance with the Administrative procedural Code Law on NGOs law on Media Law on access to information Systematic review of existing laws to ensure the upholding and promotion of the rights to exercise freedom of expression in all aspects.	1.4.5 1.4.6 1.5.1 1.6.1 1.7.1	Examine possibilities to improve the mechanisms to facilitate the contributions of the civil society to the Legal and Judicial sector Law on Domestics violence Establishment of a system of cadastres/notaries etc. Establishment of an Ombudsman's Office Establishment of an Institute for Criminology
Strategic objective 2: Modernization of the Legal Framework
2.1.1 2.1.2 2.1.2 2.1.3 2.1.3 2.1.4 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8	Administrative Code and Administrative Procedures Code Civil Code and Civil Procedures Code (Phase 1) Civil Code and Civil Procedures Code (Phase 2) Criminal Code and Criminal Procedures (Phase 1) Criminal Code and Criminal Procedures (Phase 2) Organic law on the Organization and Functioning of the Courts (Phase 1) Organic law on the Organization and Functioning of the Courts (Phase 2) Law on the Administration of the Courts (Phase 2) Law on the Police Legislative provisions to ensure the independence of the prosecutorial services Law on the penitentiary system and correctional services	2.1.9 2.1.10 2.1.10 2.1.11 2.1.12 2.2.1 2.2.2 2.2.3 2.2.4	Amendments to the law on the SCM Statute of Magistrates (Phase 1) Statute of Magistrates (Phase 2) Organic law on provinces, municipalities etc. Law on the organization and functioning of a National Congress Systematic review of existing laws and law reform program implementation of legal reform program with a sector approach (Master List, including WTO laws) Passing of laws to ensure protection of human rights and rights for vulnerable groups such as women, juveniles etc. Prepare a list of pending legislation, including timelines for finalization and monitoring of progress	2.3.1 2.3.2 2.3.3 2.3.4 2.4.1	Law/procedures/guidelines for law-making, with special focus on ensuring participation and transparency Ensuring a consistent law formulation, including provision of trilingual lexicon and strengthening the technical review On-going training programmes (basic, specialized, long-term, short-term) in legislative drafting to officials involved throughout the government Establishment of legal units within each Ministry Law on access to information and provisions in the criminal and civil procedural codes and administrative code to ensure public access to information
Strategic objective 3: Provide Better Access to Legal and Judicial Information
3.1.1 3.1.2 3.1.3	Law on access to information and policy on dissemination of information in relation to the justice sector Provision of a trilingual lexicon Provision of the regular and institutionalized publication of a comprehensive law gazette and a legal information database	3.2.1 3.2.2 3.2.3	Establishment of a periodic legal digest published through a board of independent experts Collection and printing of existing material on judicial decisions Legislative provisions on access to court decisions, including through the court information desks	3.3.1 3.3.2 3.4.1	Policy on dissemination of information within the administration Reception desk and information functions in the courts Establish a library and reference system for the courts, including systems to ensure regular update
Strategic objective 4: Enhance quality of Legal Processes and Related Services
4.1.1 4.1.1 4.1.2 4.2.1	Policy and legal provisions on legal representation and legal aid, including ensuring the freedom of NGOs to provide legal aid (phase 1) Policy and legal provisions on legal representation and legal aid, including ensuring the freedom of NGOs to provide legal aid (phase 2) Survey on the availability and need for legal aid with the view to fill the gaps Revision of the law on the Bar and establishment of a streamlined procedure, including transparent criteria for entering the Bar	4.2.2 4.2.3 4.2.4	Ensure a well-functioning Centre for the training of Lawyers offering sufficient basic, specialized and issue training to all lawyers Promotion of ethics for lawyers, by including effective discipline by a Council of Ethics within the Bar according to given ethical standards for lawyers Adjusting the curricula for obtaining degree in law to needs for legal advice	4.3.1 4.3.2 4.3.3	Establishing legal provisions in the relevant laws (administrative procedural code, civil and criminal procedural codes, organic law on organization of the courts, law on the Constitutional Council etc.) to define due process Ensure access to information on due process through legislative provisions (Administrative code, law n access to information, civil and criminal procedural code) The existence of the function of an Ombudsman office
Strategic objective 5: Strengthen judicial services, i.e. the judicial power and the prosecutorial services
5.1.1 5.1.2 5.2.1 5.2.2 5.2.2 5.2.3 5.2.4 5.2.4	Passing of laws pertaining to the judiciary and the mandate and the duties of its role players (organic law on the organization of courts, law to ensure independence of the prosecutorial services, law on judges and on prosecutors, civil and criminal codes and Civil and Criminal Procedural Code, Statue for Court officers, law on notaries) Code of ethics for civil servants and strengthening of a council for discipline of civil servants Establishment of legal provisions within the procedural codes ensuring access to all court decisions and appeal hereof A Statute of Magistrates and a fully-functioning SCM ensuring transparency in appointment, remuneration and disciplining of judges and prosecutors (phase 1) A Statute of Magistrates and a fully-functioning SCM ensuring transparency in appointment, remuneration and disciplining of judges and prosecutors. (phase 2) Establishment of a Council for judicial services Codes of ethics/conduct for judges, prosecutors and other judicial staff Codes of ethics/conduct for judges, prosecutors and other judicial staff (phase 2)	5.2.5 5.2.6 5.3.1 5.3.2 5.3.3 5.4.1 5.4.2 5.4.3 5.4.4	Legal provisions and guidelines on conflicts of interests Anti-corruption measures, including anti-corruption law Law on administration of courts Introduction of a Model Court Approach (cluster with 5.3.3 and 5.4.3) Case and court management guidelines established in accordance with the legal provisions in the procedural codes and the organic law on the organization of the courts and the law on the administration of the courts (Cluster with 5.3.2 and 5.4.3) State policies on budgetary allocations to the judiciary-fixed percentage of the annual budget School of Magistrates and a school for judicial staff, including on-going training programs for al role players (basic, specialized and issue-training) in accordance with identified needs Sufficient, modern court facilities, including relevant IT equipment (Cluster with 5.3.2 and 5.3.3) Measures to establish a commercial Court/Chamber and other specialized courts/chambers, including commercial court proceeding and specialist training In commercial law (phase 1)	5.4.4 5.4.5 5.4.5 5.5.1 5.5.2 5.5.3 5.5.4 5.5.5	Measures to establish a commercial Court/Chamber and other specialized courts/chambers, including commercial court proceeding and specialist training In commercial law (phase 2) Measures to establish the Administrative Tribunal (phase 1) Measures to establish the Administrative Tribunal (phase 2) Survey of the current enforcement mechanisms in order to identify improvements The establishment of an institution for execution of judgments (bailiff/sheriffs court-bankruptcy court) Codes of ethics/conduct for all enforcement officers, including police, prison officers, civil servants and relevant judicial personnel Councils of discipline for all law enforcement officers Emphasis on ethical standards in the curricula for education of judicial personnel, police, prison officers and other civil servants (cluster with 5.2.4)
Strategic objective 6: Introduction of Alternative Dispute Resolution Mechanisms
6.1.1 6.1.1	Elaborate, adopt and implement a law on Commercial Arbitration (Phase 1) Elaborate, adopt and implement a law on Commercial Arbitration (Phase 2)	6.1.2	Mediation and other dispute resolution methods to solve commercial disputes developed/established and necessary training provided	6.2.1	Investigate into, build upon and strengthen other alternative and traditional methods of alternative dispute resolution.
Strategic objective 7: Strengthening of Justice institutions to fulfill their mandates
7.1.1 7.2.1 7.3.1 7.3.2	Passing of organic laws on the administrative and judicial institutions (court organization, Supreme Council of Magistracy, Constitutional Council, ministries and other executive bodies, police. Passing of procedural codes, including administrative procedural code, law on an ombudsman, laws on access to information, including administrative Code, with special focus on ensuring transparency in the justice sector institutions Codes of ethics for polices, prison officers and other civil servants and for judicial personnel (judges, prosecutors, judicial staff) supplemented y a fully functioning Supreme Council of Magistracy, a Council of Judicial Services a Council of discipline of police officers, Council of discipline for civil servants to ensure enforcement Legal provision and guidelines on conflicts of interest	7.3.3 7.3.4 7.3.5 7.3.6 7.4.1 7.5.1 7.5.1	Establishing of minimum standards for obtaining a degree in law or public administration Schools for the magistrates, judicial staff, penitentiary system and for basic education of civil servants, including ongoing training programs Anti-corruption measures, including a law on anti-corruption The existence of the function of an Ombudsman office monitoring system of the justice sector to measure its several performance, including the administration of justice, as a guiding line for overall reform Development and maintenance of a common planning, budgeting, auditing, monitoring and reporting system in compliance with government planning and MTEF system (phase 1) Development and maintenance of a common planning, budgeting, auditing, monitoring and reporting system in compliance with government planning and MTEF system (phase 2)	7.5.2 7.5.2 7.6.1 7.6.2 7.7.1 7.8.1	Business plans for police, penitentiary system, prosecution, administration of the courts and other justice sector institutions, including the School of the Justice Sector (phase 1) Business plans for police, penitentiary system, prosecution, administration of the courts and other justice sector institutions, including the School of the Justice Sector (phase 2) Development of internal planning units to facilitate fulfillment of the institutional mandate and develop the collection of operational information (statistical data) integration of the justice sector institutions at the policy level, especially in relation to the sharing of operational information Build the necessary capacity of the individual to fulfill its mandate by developing a human resource management policy Legal provisions on the elaboration of annual reports for the services within the justice sector .