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?
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?
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:
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:
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.
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 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.
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.
[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 |