4.2  GOVERNANCE

207.    As the Prime Minister, Samdech Hun Sen has said on numerous occasions, good governance is the backbone of sustainable development, social justice and thus to poverty alleviation. It is also an effective lever to translate development efforts into real benefits for the people and to sharing wealth. Good governance is key to reducing inequalities and inequities within the Cambodian society. It is a cornerstone to peace, political stability and social justice, conditions precedent without which nothing else could come to fruition.

208.    The Governance Action Plan (GAP) brings governance related initiatives within the jurisdiction of the Royal Government under a common umbrella framework. By nature, the GAP is a rolling strategic plan to be updated periodically in consultations with stakeholders. The objective is to coordinate efforts and to monitor progress better. Concerned ministries and reform councils are responsible for implementation in their respective areas of jurisdiction in collaboration with their development partners. Other sections of this Position Paper amplify on progress and needs from a sectoral perspective. A companion document, the Aide Memoire on Governance together with its annex summarizes progress made in each identified initiative.

209.    The Royal Government is also circulating a draft update of the GAP to initiate consultations with all stakeholders in the weeks and months following the CG.  The objective is to introduce new initiatives to follow up on progress made and to go further in our quest for good governance. New priority initiatives evolve around needs and issues in social development, investment and commerce, democratization, administrative reform and anti-corruption.

210.    Over the last year, the Royal Government has made important strides in implementing its GAP albeit more so in some areas than in others. Progress made in legal and judiciary reform is a case in point. The Royal Government requires substantial technical and financial assistance on a broad front to achieve its governance objectives. Again other sections of this paper and its companion Aide Memoire on Governance amplify.

REFORM OF PUBLIC ADMINISTRATION

211.    During the current phase of the implementation of the National Program for Administrative Reform (NP AR), the strategy has been to rationalize the Administration and to improve motivation in order to transform it into a more productive and responsive institution. The implementation of the planned activities over the next few years will require significant external support that has yet to be secured.

212.    Over the next twelve months, i.e. the period to the next Consultative Group meeting, the CAR Secretariat will continue to concentrate on implementing the approved Strategy to Rationalize the Civil Service. In particular, building on the successes, efforts will be focused on the following priorities.

  1. Implementing the Priority Mission Groups Program: PMG's are critical elements of the Royal Government strategy to implement its reform agenda and to improve the delivery of public services. PMGs are early measures to break the logjam on the road to productivity and to making the Administration an effective partner to alleviate poverty and to achieve sustainable development and social justice. Together with the super category A, they will help dampen the current brain drain from the Administration while other reform efforts take hold.

  2. Implementing the Deconcentration Program: The strategy and the program will unfold in stages first focusing on the needs of the newly elected commune councils and then on bringing public services closer to the people. Attention will focus on the development of an appropriate legal framework for deconcentration.

  3. Implementing the Human Resource Development Strategy and Master Plan: The HRD strategy is about changing attitudes, improving motivation and know-how to enhance performance and build the capacity of the Administration to sustain the RGC policy agenda. HRD activities cover a broad spectrum, from various forms of training to information sharing through practices that favor empowerment. The Economic and Public Service Capacity Building Project will anchor early HRD initiatives.

  4. Enhancing IT and communications: The Council for Administrative Reform has elected to adopt a progressive, staged approach, taking advantage as much as possible of proven techniques and practices and to apply them in most urgent areas and where the course can be sustained. As for the reform program itself, the approach seeks to set solid foundations first where it matters most. The IT strategy closely follows that of the National Programme for Administrative Reform itself and its Strategy to Rationalize the Civil Service including the deconcentration strategy. In a first phase technology will be used as an efficiency tool. Attention will then turn to improving service delivery and internal communications.

  5. Investigating ways and means to implement elements of the strategy: The strategy calls for a significant redeployment of the workforce from the back office to the front office and from non-education sectors to the education sector. In order to maintain the overall size of the Civil Service to current levels and still meet service delivery obligations, new ways of doing business will have to be introduced (e.g. contracting out, privatization, Special Operating Agencies, One Window Service Delivery). Mechanisms to facilitate redeployment or their reintroduction into the private economy will be investigated and readied for implementation.

  6. Strengthening the capacity of the CAR Secretariat: A well-planned and coordinated capacity- strengthening plan will be implemented within the Secretariat (planned activities will include inter-ministerial representatives when feasible). Efforts will focus on periodic training sessions and on the job tutoring. Activities will take place to coincide with the work cycle.

213.    The Aide Memoire on Administrative Reform amplifies on the course of action over the next period. Financial and technical assistance is required in each of the above areas.

DEMOBILIZATION

214.    The RGC remains firm in its resolve to continue with the reform of the Royal Cambodian Armed Forces specially through military demobilization. Building on the experiences and lessons learnt from the Pilot demobilization program and the strong moral, material and financial support from the donor community, the Council for the Demobilization of Armed Forces had successfully completed by late last year the discharge of the first batch of 15,000 military personnel plus their family members. The process of this first full-scale reduction-in-force was carried out in an orderly, manageable, efficient, smooth, transparent, accountable and timely manner, as planned, without any problems or incidents.

215.    This year  the CDAF will continue to closely cooperate with the Donor Working Group on Demobilization to procure and deliver the four options of reintegration assistance packages as well as other assistance planned in the demobilization program to the 15,000 veterans who had been discharged last year. The CDAF will also begin to lay the foundation for the second full-scale demobilization of another 15,000 soldiers  to achieve RGC’s target of reducing the armed forces by a total of 55,000 soldiers over a period of five years.

216.    The Royal Government will continue to seek support and funding from its external partners to further reduce the size of the Royal Cambodian Armed Forces following the successful completion of the first target.

LEGAL AND JUDICIAL REFORMS

217.    The ultimate objective of the legal and judicial reforms is to provide the conditions necessary for a robust private sector as agent of growth and the protection of personal and property rights. With the assistance of the World Bank the Royal Government is developing a comprehensive, well coordinated and participatory framework to legal and judicial reform, based on full stakeholder participation, close partnership with donors, and strict adherence to a strategic framework common to all development partners.       

218.    The reform is a critical element of the Royal Government change agenda in its pursuit of sustainable development and social justice. The Government has been unrelenting in its attempts at completing the legal framework. Major new laws and regulations have been promulgated and are now being implemented. They cover a wide spectrum from the management of natural resources such as land, fisheries and forestry and wild life, to providing the private sector and the market economy with an appropriate framework and all the way to family violence and human trafficking. Important progress has also been made to reform the judicial system with the establishment of the Royal School for Judicial Training, for example.

219.     Following comprehensive diagnostic studies, a strategy and course of action is being prepared with the assistance of the World Bank. To help speed up the process technical assistance has been mobilized. The Royal Government is determined to accelerate the pace in close cooperation with its development partners with the World Bank acting in a coordinating capacity among donors. The work underway entails the finalization of the Strategy and Action Plan; the mapping of initiatives underway or planned; and, the development of a fully articulated project together with work plans.

220.    The strategy is being articulated along seven component parts per the Aide Memoire already circulated: (i) further articulating the strategy; (ii) streamlining the law making process within the Executive Branch; (iii) supporting the regular publication of the Official Gazette; (iv) creation a tri-lingual lexicon of legal terms; (v) developing elementary judicial tools through pilot courts' schemes; (vi) the training of judges and supporting the Royal School of Magistracy; and, (vii) the training of lawyers and supporting the Cambodian Bar.

221.    Technical assistance has been deployed to assist the Royal Government empower the management of the reform and to address elements of the strategy such as the streamlining and strengthening of the law formulation process and the preparation of a Master List of priority laws. However, significant technical and financial assistance will be required for the pace of reform to accelerate.

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