2^nd Cambodia Development Cooperation Forum

Session V National Capacity Development
Strategy and Public Service Amelioration

Presentation on behalf of Development Partners

Peter Murphy, Senior Public Sector Management Specialist, World Bank

PAR - Recent Achievements

• Performance and Accountability (P&A) Instruments Developed

• MBPI (Sub Decree 29) issued provides for harmonization.

• PMG (Draft Sub Decree) revised to align with MBPI

• SOA ( Royal Decree 2008)

• Implementation of MBPI (We understand 10 Schemes are under preparation 1 operational, 4 approved Business Cases)

• Increased Recognition of importance of Merit, Performance and Accountability – Mindset Change

• Creation of high level Reform Coordinating Committee and Restructuring of CAR to facilitate more Strategic Management and facilitate eventual decentralized HRM at Line Ministry and Sub National Government level.

• Stocktaking of ongoing initiatives and initial formulation of new NPAR (Vision, Goals, Outputs)

• Approval of guidelines for affirmative action in respect of gender in relation to staff appointments, promotion and development.

PAR– Many Challenges Remain

• Performance/Merit Based Management

• Continued re-orientation of Organization Culture (Performance, Accountability & Merit), de-centralization of HRM and reduction in influence of Patronage. (Favoritism, Cronyism etc)

• Strategic Demand (Political and Managerial level)

• Implementation of new P&A Instruments remains Fragile

• Rates, Competiveness, Coverage, Integration of MBPI & PMG and Transparency

• Transition Arrangements from existing Schemes (Challenges)

• Line Ministry Awareness and Understanding (Communication)

• Development Partner Engagement and Harmonization. (One System)

• Sustainability – Leverage/Ring Fencing

• Remuneration Reform essential

• Salary levels remain low in absolute terms and insufficient to attract/retain professional/technical personnel.

• Fiscal Space Analysis/Market Survey to assess room for targeted/broad based salary increases and gap that needs to be addressed.

• Restructuring, Redeployment, Rightsizing are essential.

• HRM & Capacity Development

• Policy Framework for HRM and HRD.

• Capacity of Line Ministries and Sub National Government to support more performance based HR Systems.
   

PAR – Strategic Issues

• Public Service Delivery clearly depends on implementation of accountable performance management at both National and Sub National Level. This means adoption of:

• Results focused and accountable management systems.

• Effective merit based HRM and realistic/competitive Remuneration Systems.

• Such a reform requires strong and durable strategic leadership and endorsement from the Senior Ministers and determined demand for results from all levels of Management.

• The new NPAR needs to clearly identify quantifiable outputs consistent with the new merit and performance based strategic vision for PAR together with viable actions to develop HRM, Remuneration Policy and implement Managerial, Technical and HRM Capacity Building.

• Coordination of DP support for the Reform efforts is also of strategic importance. Core development Partners are willing to supply coordinated, sustained and substantive (technical and financial) support to a well articulated reform program.

Anti-Corruption: Issues

• Progress of Anti-Corruption law is pending review of Penal Code; on this basis submission of the Law to the NA prior to mid-2009 seems unlikely.

• Particular issues have been raised with the government regarding four aspects of the draft law: (i) Independence of the Anti-Corruption Body; (ii) Asset Declaration provisions; (iii) Investigative Power of the Secretary General of the Supreme National Council Against Corruption; and (iv) Harmonization of criminal offenses with the UNCAC and Draft Penal Procedures and Penal Codes.

• Prompt passage of the penal code and the anti-corruption law is fundamental to establishing a clear signal about the direction of the new government.
   

Legal & Judicial Reform: Issues

• Progress on drafting of fundamental laws with adoption and promulgation of three of these: Criminal Procedure Code, Civil Code & Civil Procedure Code. The Criminal Code is under review and is expected to be passed in 2009.

• Other fundamental laws (Law on the Statute of the Judges, Law on Court Organization and Functioning, Law on the Amendment of the Law on the Organization and Functioning of the Supreme Council of the Magistracy) have encountered obstacles. Renewed attention of these important pieces of legislation is required.

• Continued attention is being given to the training of legal professionals (judges, prosecutors, court clerks, lawyers etc). Improved capacity is required to ensure the effective implementation of new laws and regulations when enacted.
   

Key Questions

• How does Government plan to concretize strategic direction/guidance to Senior and Operational Managers, at both National and Sub National level, that hence forth merit and results are the criteria against which their performance, accountability and career prospects will be assessed?

• Can Development Partners expect during 2009, the new NPAR to identify specific and quantified outputs and a timetable for i) more performance based Remuneration Reform and ii) for policy implementation for HRM and Capacity Building at National and Sub National Level?

• Will Government advise all DPs that their contributions to Salary Enhancement and Capacity Building must be within the strategic framework provided by the P&A instruments and the evolving NPAR?

• How can Government accelerate the progress towards finalization of the penal code and anticorruption law, and can the obstacles to Legal and judicial reform be addressed?
   

End