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Strengthening Institutions and Improving Governance

Institutional reform and improved governance lie at the heart of the ability of government to implement the NPRS. A commitment to reducing corruption and strengthening democracy is crucial to the practical effectiveness of other programs and projects. The presence of corruption at every level within Cambodia’s government and society undermines the ability of institutions and their staff to implement reform and change.  

Progress

In June 2003, a draft anti-corruption law was sent to the National Assembly.  Due in part to the continuing political deadlock, it has not yet been passed.

In July 2003, national elections were held.  Although concerns about intimidation and irregularities were raised, most observers concluded that the technical implementation of the election was much improved on previous elections.  The continuing deadlock after the election is currently the most serious obstacle to governance reform.

2003 also saw the development and publication of a Legal and Judicial Reform strategy.  The Royal School of Magistracy and the Lawyer Training Centre are now operational.  However, the draft Civil Code and Penal Code are still undergoing revision.

Progress in decentralisation was undermined by the central government’s failure to transfer budgeted funds to the commune councils.  Nevertheless, most communes developed Commune Development and Investment Plans in a manner that has been regarded as highly participatory.

Issues

Following the National Assembly election in July 2003, the political deadlock has effectively meant that progress towards institutional reform and improved governance has been put on hold. The failure to provide stable government has proved damaging for all reform areas, but particularly so in relation to governance itself.

The 2003 National Assembly election was regarded as being generally better organised than in previous years. However, there remain serious concerns regarding the operation of the NEC and its subordinate bodies at the provincial and commune levels. Reform of these bodies and ongoing capacity building must be seen as an ongoing process rather than a matter to be addressed only in the lead up to future elections. Improved capacity building and serious efforts to ensure the independence of officials is essential to build trust in the administration of future elections, especially at the commune level.

The NPRS recognises that the issue of corruption is important to all efforts to reduce poverty within Cambodia. Over the past decade, efforts to pass an anti-corruption law have been stalled many times, and most recently by the failure to establish a government following the July election. The draft law must be reviewed and debated by the newly elected National Assembly members before it is passed, in order to strengthen the definition of corruption.

Justice sector reform is essential to reduce corruption and deal with impunity within Cambodian society. A weak judiciary and poor rule of law harm investment in the country and undermine efforts to achieve justice for the poor and poverty reduction. The adoption of the Justice Sector Reform programme is welcomed as a first step towards strengthening the legal institutions. However, actual progress through 2003 was limited. Reform of the Supreme Council of the Magistracy and the Constitutional Council will be essential for the success of judicial reform.

Reform of the civil service remains a high priority. The eradication of corruption within the civil service should involve a number of measures, including preventing people from purchasing their position. Increasing salaries for public sector workers is crucial to improved service delivery and must be addressed. However, this must be supported by an increase in the capacity of those staff and a clear system of supervision, career development and promotions based on merit.

Decentralization in the aftermath of the first commune election has made good progress and is generally welcomed by the NGO community. Achievements such as strengthening support for commune councils and developing much needed legal instruments need to be built on. This requires further technical and financial support for Commune Councils.

The NGO community applauds the activities undertaken as part of the SEILA programme. Despite the impact of these being somewhat variable at times, the programme has had a very positive impact in facilitating the flow of money and resources to the commune level.

However, no measures have been set in place to ensure that the projects identified through participatory processes are those that would have the greatest impact in reducing poverty. Strengthening decentralised systems of decision-making must also go hand in hand with an understanding that local democracy should feed into central decision-making. The experience of communities in identifying and providing information can lead to a further prioritisation of pro-poor projects, and is an essential part of strengthening local and central governance systems. 

Recommendations

The NGO community makes the following recommendations in relation to governance and institutional reform:

The National Assembly should review the problems encountered in the formation of the new government in order to prevent a repeat of such problems in future elections.  Changes to the constitutional requirements for forming a new government could be considered.

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