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MAIN STATEMENT OF NGOS TO THE 2004 CONSULTATIVE GROUP MEETING

 

Introduction

 

The years of war and volatility are now behind us and as Cambodia enters a new period of opportunity the country is intent on moving forward.  Following almost a year of deadlock between political parties, the Royal Government of Cambodia (RGC) is now in its third term of office and has reaffirmed its commitment to ‘establish progress, prosperity, harmony, decent livelihood and dignity for all Cambodians’.[1]

 

NGOs often act as Agents of Change and are united in working in partnership with government and donors to find ways to make lasting

improvements in the lives of the nation’s poor and to reduce vulnerability.  In order to win the fight against poverty, government, donors,

NGOs and other civil society organisations, must work closely and patiently with all Cambodians in firmly addressing and resolving the underlying problems of corruption and poor governance.

 

 

Progress

 

The delay in the formation of the new government has slowed progress on important legislation and impeded the implementation of reforms.

With this obstacle now behind us NGOs call for the new government to demonstrate its commitment to true democracy by implementing the

promises made to Cambodian people during the 2003 elections.

 

Whilst NGOs recognise that some progress has been made in realising certain agreed benchmarks, there is still an overwhelming feeling of shared disappointment that improvements are marginal and that some issues are far from being resolved.  Even if progress has been made the data

sources are inconsistent and often give conflicting information making it difficult to measure achievement and progress.  

 

It has been almost two years since the launch of the RGC’s National Poverty Reduction Strategy and three years since the production of the

second Socio-Economic Development Plan (SEDP II).  NGOs have welcomed their inclusion in the development and planning processes of these

principal documents, and have a clear commitment to continue to work in harmony to build stronger relationships and participate in constructive dialogue.

 

However, NGOs feel there are currently a proliferation of plans, policies, and strategies in circulation.  The challenge at this point is to ensure

that these plans are being implemented.  There is also a need to ensure that the goals and strategies are well understood and shared within

different government ministries, with sufficient technical competence to apply them.  NGOs are now asking: What strategies have actually

been implemented, what has been achieved to date, and what activities are making a positive fundamental impact on improving people’s lives?

 Planning without action....

…is just a dream’

 

 

 

 

 

Priority Issues

Although there is a perception of wealth and prosperity, after 10 years of development work in Cambodia the needs of a large percentage of the population have not been met.  Both donors and government state that policy is aimed at alleviating poverty; however, in practice Cambodia is producing a two-tier society that is increasing inequality by making the rich richer and the poor even poorer.  What measures will ensure that the priority issues and benchmarks identified by government and donors are those that will have the greatest impact on poverty reduction?

 

‘Nothing has happened to change my life.  The government needs to provide good moral leadership and to lead by example in upholding and enforcing the laws of the land.’[2]

NGOs working at grass-roots level feel that there has been little positive impact in the lives of ordinary Cambodians.  They can attest that Cambodian people are disappointed with the stagnation of their lives and the lack of visible measures taken to combat corruption.  Many Cambodians currently have little faith in the government’s

competence to solve these problems and perceive corruption as one of the major problems affecting every

aspect of their daily lives.

 

There is also concern that the slow pace of key institutional reforms and policies will continue to undermine any

progress that has been made to date, particularly within social sectors.  This will only cast further doubt on the government’s commitment to alleviate poverty and promote respect for human dignity. 

 

NGOs perceive that this new period of opportunity is under threat due to the predominant and pervasive problems

relating to:

 

  • Corruption and Poor Governance

  • Lack of Rule of Law

  • Threats to Rural Livelihoods

NGOs consider these issues to be key cross-cutting priorities that are interwoven into the very fabric of everyday life, exacerbating

vulnerability, increasing social segregation and accentuating poverty.  Cambodian people need to see the government actually fulfilling

promises.  NGOs believe that more attention should now be paid to the:  

  • Implementation of policies

  • Enforcement of law

  • Monitoring of progress

NGOs are committed to working with government and the international donor community to resolve these problems.  We call upon the

government and donors to take strong action to tackle the problems of poverty and corruption, and to improve the lives of those living in rural communities.

 

 

Corruption and Poor Governance

 

A survey by the World Bank[3] identifies corruption as Cambodia’s leading problem.  Corruption inhibits investment and economic growth,

damages the trust and confidence of the people in their leaders, places extra burden on low income families and discriminates against the

poor, who regularly have to pay bribes for basic services such as health care and education.

 

Corruption in Cambodia is often cited as being endemic from the top down and throughout all levels of society.A report prepared by the World

Bank[4] stated that of 447 firms who answered the question on bribe payments 368 (82%) reported having to pay bribes. This high figure

was disputed by the government although they do acknowledge that corruption is a serious problem and that good governance is an important

pre-condition in achieving sustainable development. 

 

Prime Minister Samdech Hun Sen states that ‘Good governance requires: corruption be reduced to the minimum, the views of minorities

and the voices of the most vulnerable in society be fully heard and considered in decision-making processes.’ [5]

 

 

Corruption Issues

 

The RGC has pledged to fight corruption.  However, in all likelihood, the fight will not be effective until the government addresses the persisting

culture of impunity and nepotism.  The government needs to take strong action to rid the courts of corruption and ensure that the police,

military and government officials are held accountable and no longer protected from the law.

‘I know it is wrong to pay teachers money, but if I don’t my children won’t be given enough information to pass the exams.

Besides the teachers need money because their salary is too low’[6]

 

Data gathered in 2004 by NGOs and others suggests that almost all serious forest crimes are committed with the knowledge or active participation of members of the Royal Cambodian Armed Forces, the Forest Administration, the police and other officials.  Despite this, provisions within the Forestry Law relating to crimes committed by officials have not once been implemented since the law’s introduction in 2002. 

 

Low, inequitable and delayed wages also fuel corruption; most civil servants are still grossly underpaid and rely on secondary jobs or unofficial payments to supplement their income. 

 

There is considerable evidence from NGOs working in the field to show that unofficial payments to schools and teachers continue unabated, disadvantaging and discriminating against poor families and their right to free access to education.

 

 

Corruption Recommendations

 

Strengthen Political Will to Fight Corruption The existing draft Anti-corruption law needs to be brought into compliance with international

standards embodied in the United Nations Convention against Corruption.  In addition, an independent Anti-Corruption Commission should be

set up that has the full authority to enforce the law without fear or favour.

 

Enforcement of Policy and Law Whilst waiting for new legislation to be passed, the existing laws should be enforced.  The government must

start to prosecute and remove corrupt officials from their posts in order to lend credibility to its anti-corruption rhetoric.  Serious action and

strict law enforcement is required against those involved in corruption and misappropriation of state assets.

 

Realistic Living Salaries The provision of realistic and equitable salaries that are linked to the cost of living would help to reduce the

opportunities or need for corruption.  NGOs urge the government to streamline bureaucratic systems and ensure that civil servants receive,

at the very least, a decent level of salary and that government salaries are paid on time. 

 

Governance Issues

 

The significance of a transparent political system cannot be underestimated in the fight against corruption.  Without accountability and

transparency, political parties and governmental institutions act for personal benefit, and not for national interest.  NGOs have concerns

that there are no opportunities for the electorate to meet with elected officials to examine their election promises and raise questions about

their performance. 

 

Even when consultations have taken place, ordinary people feel that their voices have not been heard.  Within the fishing community, it was

felt that most suggestions relating to policy were not seriously considered or integrated into policy despite the fact that the concerns voiced by

the people were directly related to their everyday lives. 

 

Another concern expressed by NGOs is that if village chiefs are appointed by political parties this will lead to political discrimination, a lack of transparency and reduced participation.  Article 23 of Sub-decree 22 of the Ministry of Interior clearly states that the village chief is a

representative of all citizens in the village.  Most Cambodian citizens favour holding village chief elections by the individual candidate system

and not through the party list method.

 

The problems of low level and late disbursement of funds within and between government ministries continues to seriously undermine progress

made.  To date within the education sector only 95% of the Priority Action Program funding for 2003 has been disbursed, and ten months into

this year none of the funding has been disbursed for 2004.  There is no clear reason for the failure to disburse funds and this raises serious

questions regarding issues of transparency.  In addition, the difficulty in accessing information also inhibits progress and only serves to increase

the feelings of mistrust between the government and its citizens.

 

How confident are donors that funds are being used efficiently and have a positive impact on improving livelihoods, rather than being used to

support unnecessary technical assistance, fuel corruption and widen social inequity? 

 

 

Governance Recommendations

 

Transparency To increase transparency and improve the exchange and flow of information every institution must develop mechanisms to ensure

full disclosure of documents of public interest and inform the public of their processes.

 

Freedom of Assembly There is a call on the government to show its commitment to true democracy by removing restrictions on freedom of

peaceful assembly and refraining from trying to silence political opposition.  Protesters drawing attention to labour issues and the high cost of

fuel in particular have been repressed, and should be allowed all rights to assembly under the law.

 

People’s Voice National Congresses are mandated in Chapter XIV of the current Constitution and should be held annually. This would

enable the people to engage with government officials, be directly informed on various matters of national interest, and raise issues and

requests for the state authority to solve.

 

NGOs can also help government and citizens to gain a shared understanding that the duty of those in positions of political power is to serve

the people.  Public Forums organised by NGOs such as the Center for Social Development and the Youth Resource Development Program can

provide arenas for information exchange and activate debate that will allow ordinary people to engage with decision makers.

 

Village Chief Selection The RGC should discourage political partisanship and widen political choice by holding individual village chief elections

rather than appointing or dividing posts between political parties.  Direct elections at village level promote accountability as elected officials will

be directly answerable to the citizens who voted them into office.

 

Disbursement of Funds There is a need to establish a mechanism for financial transparency that involves donors monitoring transactions and

ensuring the timely disbursement of funds.

 

Results Based Performance Donors should use coordinated monitoring to ensure funds are provided on results-based, performance

related outcomes.  Donors should also make clear the implications of under-performance or misappropriation.

 

NGOs are committed to working in equal partnership to reduce corruption and uphold the four pillars of good governance: transparency,

accountability, participation and predictability, and will work towards providing solution-based suggestions to promote good governance, which is paramount to alleviating poverty.

 

Rule of Law The government has said that it will respect and promote the independence and neutrality of the judicial system and cooperate

with development partners to strengthen the rule of law, promote social justice, reduce corruption and eliminate the culture of impunity.

Yet corrupt practices abound and a weak judiciary that often serves to benefit and protect those who commit crime still exists.

 

The inadequate legal system, and the restricted access to free information, intensifies an already poor understanding of the law, and further

erodes trust amongst ordinary citizens in the judicial system.  This creates a situation where ordinary people are not aware of their basic civil

liberties and, are therefore, increasingly vulnerable to exploitation.  Thus, the cycle continues to exacerbate poverty and social exclusion, which constitutes a violation of human rights.

 

Rule of Law Issues The legal system is currently not able to deal with ongoing serious problems that continue to plague Cambodia. The efforts

to combat human trafficking, sexual abuse, drug abuse and domestic violence are some of the areas in which law enforcement is seen as inept.

Many cases are resolved through compromise and private payments outside the judicial system, indicating mistrust in effective regulation. 

 

Violence against women is seen as both being exacerbated by poverty, and causing deepening impoverishment.  Figures show that some twenty

five percent of all Cambodian women are affected by domestic violence, and yet, those accused of physical abuse or rape are seldom punished.

Social and ethical morals are decreasing as more people continue to flaunt ineffectual law enforcement.

 

A culture of impunity for individuals connected to the government continues to pervade society.  Magistrates, civil servants and public officers

are often not held accountable if they act outside of the terms legally prescribed for their duties, powers or procedures.

 

In June 2003 a draft Anti-Corruption Law was sent to the National Assembly, but has not yet been passed.  Unfortunately, the law falls far short

of international standards and will have to be substantially re-written to be effective. 

 

Existing Cambodian law already incorporates ways to combat corruption.  It is possible to prosecute offenders for ‘Corruption and Bribery’ and ‘Embezzlement by Public Officials.’  NGOs are asking: Why are these laws not being enforced?

 

Paedophiles and sex offenders are also taking advantage of weak law enforcement, despite the fact that senior political figures have stated that

child sex tourism has no place here.[7]  Cambodia should not become a haven for criminals and sex offenders.  NGOs are concerned that it will

become such a place if significant changes to legal, judicial and administrative systems are not instigated.

 

Rule of Law Recommendations

 

To instill confidence in investment and protect the rights of all Cambodian people, NGOs want to see the government strengthening and

supporting the institutions that are meant to implement and uphold the rule of law. Laws and regulations need to be widely available to 

everyone, so that people can gain a better understanding of their rights, and have the right to speak openly and freely, without fear of

recrimination.

 

Enforcement of International Treaties The government must dedicate itself to the rigorous enforcement of international treaties, such as

the ASEAN tourism code and the Memorandum of Understanding on trafficking between Cambodia and Thailand.  NGOs consider failure to

uphold and enforce these legal obligations as an act of negligence.

 

Institutional Reform Several key institutions including the Supreme Council of Magistracy and the Constitutional Council should be subject to fundamental reform.  Their position within the overall system should first and foremost be written into the Constitution, in order to protect and

provide the institutions with legal force and stability.

 

New Commissions New commissions, including an Independent Anti-Corruption Commission and National Human Rights Commission, should be established to international standards.  They need to have adequate resources to ensure they are independent, competent, and credible, and

can implement legislation with the full authority to enforce the law. 

 

Code of Conduct Codes of conduct for magistrates, civil servants and public officers should be developed.  A mechanism should also be created

in the National Assembly and the Senate to ensure that government officials uphold the law, are held accountable, and can be sanctioned if they violate the codes of conduct.  The rule of law has to be applied in the same way to every person in the country.

 

New Laws Priority should be given to creating new laws that comply with international and regional standards, such as a new Penal Code,

a Criminal Procedures Law, a framework for Civil Legislation, Access to Information and a system of Administrative Complaints.

 

Laws for the financial management of political parties, and declaration of assets, need to be developed to ensure that all members of government declare their assets before taking office.

 

Draft Laws Impetus is required from the new National Assembly to take steps to ensure that laws such as the Anti-Corruption law, the 

Anti-Trafficking law, and the Domestic Violence law, are reviewed and properly implemented.  The NGO sector offers its assistance to enable

effective and efficient functioning of institutional reforms. 

 

NGOs call upon the government to endorse and strengthen organisations that work on legal matters and create a legal system that promotes

liberal democracy, and protects human rights, through effective law enforcement.  Failure to enforce the law raises serious questions about

the level of institutional commitment to genuine reform.

 

Rural Livelihoods Protecting the property rights of the poor and vulnerable is essential; the loss of land and forest has a significant impact on

the daily subsistence of ordinary people.  Almost 85%[8] of the population live in rural areas, and more than 70% of the population are

employed within the agricultural sector, however, approximately 15%[9] of them have no land.  The economic and socio-political stability

of Cambodia, depends on the improvement of the livelihoods of approximately 2.5 million farmers and their families.

 

Rural Livelihoods Issues Problems are arising for poor communities, who are being left landless, and homeless, either through the high cost of borrowing, or through land disputes.  Women within rural communities are generally more disadvantaged, because they have less access to land ownership, education, paid employment and resources in general. 

 

Some rich people took over a small piece of my land. I didn’t say anything because I am afraid of them, I am vulnerable.  This happens all the time, and I don’t know what to do.  I am angry, but I am too afraid to say anything’ Hout Ry[10]

Money is borrowed or land is sold, to pay for medicine and hospital fees when crops fail, or when people

become sick. Borrowing money to rent land is also a common occurrence, and the repayments often carry

a high interest rate that result in people being unable to repay their debt and losing their land. 

 

Overexploitation, and illegal practices, take advantage of weak law enforcement, depleting and destroying

natural resources, thus, deepening poverty within rural communities.  Land disputes often involve rich or

powerful people who claim that the occupiers do not possess legal ownership, or are occupying public land,

even when occupiers have land titles.  Serious concerns are raised in conjunction with the urban rich

buying agricultural land, especially on the lands of indigenous people, for speculation and commercial

development.

 

The RGC and donors have focused, to a great extent, on large-scale agricultural

and forestry concessions. This has a detrimental affect on rural communities, reducing access

to the natural resources on which they rely. In its response to the Forest Sector Review the

World Bank has admitted that the use of commercial forestry concessions has largely been a failure,

and of the original 32 concessions granted in 1995, only six remain under consideration for continuation.[11]

 

Lack of clarity over fishing lot boundaries also leads to conflict between commercial operators and villagers.

Community fisheries face frequent problems with encroachment and cannot defend themselves against powerful and wealthy adversaries.

With the entry of Cambodia into the World Trade Organisation, NGOs are concerned that an increased flow of imported goods into

Cambodia would negatively affect small scale farmers and fishers, who do not yet have the ability or resources to compete in an

international market.

 

Rural Livelihoods Recommendations

 

Community Involvement NGOs want to see improved participation and involvement of ordinary citizens in decisions that directly affect their

lives

and livelihoods.  More community based initiatives that work to educate people about the consequences of depleting natural resources and 

reinforcing the penalties of illegal practices are welcomed.

 

Policies are needed that will allow more communities to take an active role in the enforcement and protection of their resource area.

When communities initiate, organise, and manage their own associations for natural resource management, in accordance with government

guidelines, such community associations must be formally recognised.  Communities need the right to more involvement in protecting

their resources, or overexploitation will continue.

 

Independent Monitoring Bodies Land sector NGOs, and Cambodian people affected by land disputes, are currently waiting to see if the

Cadastral Commissions will be effective in ensuring a fair system for land title dispute settlement.  The Cadastral Commissions need to review

their interpretation of jurisdiction over land disputes, and make decisions on disputes over all immovable property.

 

Forestry and Land Concessions NGOs support the recommendations of the Forest Sector Review to cancel remaining forest concessions

and to continue the logging moratorium until new systems of forest management are in place. 

 

NGOs also call upon the RGC to make a full public disclosure of all details of concession contracts awarded to companies for any form of

commercial exploitation.  This is in line with calls made at the interim CG meeting in January 2003, and more recently, by the UN Special

Rapporteur on Human Rights in Cambodia.  Without such information in the public domain it will be extremely difficult to make viable land policies.

 

Agricultural Extension for Small Scale Farmers NGOs would like to see an emphasis on expanding extension services to small scale farmers,

and adoption of low-input methods to increase crop production.  This needs to be done in such a way as to ensure sustainability, with

organised groups of farmers sharing lessons and experiences between each other. 

 

Land Grabbing NGOs request that the Land Law of 2001 is respected, and land should not be forcefully or maliciously acquired from the poor

to be industrialised.  The rapid alienation of indigenous minority land, which is ostensibly protected under the Land Law, needs to be stopped

and communal titles awarded to these lands.  Agencies supporting the land titling process should monitor this process and suggest appropriate

policies.

 

Moving Forward

 

Prime Minister Samdech Hun Sen states that the over-riding goal of the RGC during the third mandate of the National Assembly is ‘to firmly and

steadily build Cambodian society by strengthening peace, stability and social order, sustaining prosperity, entrenching democracy and

promoting respect for human rights and dignity.’[12]  The government will utilise the Rectangular Strategy to achieve this goal, and one

priority within the strategy is the strengthening of partnerships with donors, the private sector and civil society. 

 

NGOs advocate harmonisation for achieving commonality, but feel there is often a lack of role-definition that leads to misunderstanding,

unconstructive criticism, detrimental competition and mistrust.  NGOs, donors and government all need to acknowledge that different

approaches to solving problems will arise, as we work together to achieve our common goals.  NGOs call for a clearly defined framework of implementation, enforcement, and monitoring, that will ensure proactive, results-based performance, founded upon government policy. 

The newly formed government could take the new period of opportunity to demonstrate that they themselves are committed to becoming agents 

of change. Through implementing policies and practices, that have already been agreed, as necessary to the betterment of the everyday lives of Cambodians, and by setting in motion further initiatives, that will instigate confidence, and lead to improvements, that will be recognised as demonstrable and meaningful come the time of the next election.

Even if the structural changes that have been discussed in this statement are successfully implemented, the way forward for real and lasting

progress is for the Cambodian people themselves, to become agents of change.  The current pervasive belief that corruption is a way of life,

and that resistance is futile, must be replaced by awareness of their rights as Cambodian citizens, the belief that change is possible, the

knowledge as to how this is to be done, the confidence to challenge established power-brokers, and the motivation to do so.

 

In concrete terms, this amounts to a need to combat:

 

Corruption and Poor Governance Through high level political commitment and meaningful actions that advance the reform efforts,

increasing transparency of systems and processes and allowing peaceful public debate.

Lack of Rule of Law By strengthening and regulating institutions that uphold the law, establishing new independent commissions,

and enforcing laws and codes of conduct.

Threats to Rural Livelihoods Through the establishment of more locally-based networks of resources management, transparent

associations and actions, and cooperatives that can train local communes and decision-making bodies in concepts such as results

based practice.

Through collective discipline on the part of donors, government and civil society, we can together overcome the hurdles to Cambodia’s economic

and social development, thus improving the livelihoods of Cambodian people and allowing them to lead lives of worth and human dignity.

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[1] Rectangular Strategy: Economic Policy Agenda of the RGC 2004
[2] Cambodian Woman Working in Phnom Penh

[3] See NGO Paper on Governance and Transparency

[4] World Bank Group: Cambodia Seizing the Global Opportunity: Investment Climate Assessment and   Reform Strategy for Cambodia. August 2004

[5] Rectangular Strategy: Economic Policy Agenda of the RGC 2004

[6] Father of Two Children in School in Kampot

[7] See NGO paper on Tourism

[8] Voices From the Field (WRAP)

[9] NPRS

[10] Voices from the Field (WRAP) 35 yr old married with 2 children

[11] Liam Cochrane, Phnom Penh Post vol. 13 no. 22 p.2

[12] Rectangular Strategy: Economic Policy Agenda of the RGC 2004