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Decentralization & De-concentration

 (i) Introduction

In its “Rectangular Strategy”, introduced in previous CG meetings, the Royal Government of Cambodia has given high priority to decentralization and de-concentration (D&D) as a central element of a broader process of governance reform. Experience with decentralization & de-concentration in recent years suggests that while remarkable progress has been achieved, many challenges remain to realizing the potential inherent in the reform process, and to linking D&D reforms more effectively to broad governance and poverty reduction goals.

 

Cambodian civil society has played an active role in supporting and facilitating the implementation of the decentralization reforms, working at multiple levels to increase Commune Council capacity, to support flows of information between stakeholders, to resolve conflicts, and to promote active citizen engagement with structures of governance at all levels.  Civil society remains committed to supporting the development of effective D&D reforms, in partnership with the RGC and donor agencies. It is on the basis of this practical experience and commitment to positive engagement with the RGC in supporting the D&D process, that the following key recommendations are proposed.

 

 (ii) Key Issues

 

D&D Strategic Framework and Organic Laws

Key Indicator: (D&D JMI 1) A first draft of the Organic Laws to create the legal framework for the policies contained in the Strategic Framework for D&D is prepared, these are then consulted on by government and other stakeholders, and then finalized and submitted to the National Assembly and Senate for approval.  (draft)

The RGC’s “Strategic Framework for Decentralization and De-concentration Reforms” adopted in mid-2005, provides a general framework for the development of an Organic Law on the governance of Province/Municipality, District/Khan and Commune/Sangkat as required by Chapter 13, Article 146 of the Constitution.  The Organic Law in intended to provide a coherent legal foundation for democratic sub-national governance, based on principles of democratic representation, participation, public sector accountability and effectiveness, and poverty reduction.  The enactment of such a law will constitute a major step in the D&D reform process.

 

The development of the Organic Law and supporting laws and regulations is a complex undertaking -- one which implies the resolution of many practical and political issues affecting the roles and functions of administrative and political structures at all levels, and one which will have a broad impact on the lives of Cambodian citizens.

 

NGOs are concerned that the drafting process remains opaque and provides only limited opportunity for public discussion and/or civil society participation. NGOs want to ensure that the Organic law provides a clear institutional framework for regular and meaningful citizen participation in decision-making and accountability processes in sub-national governance structures. NGOs therefore strongly repeat the 2005 CG recommendation that there be a transparent and consultative process in drafting the Organic Law, including an open discussion of the electoral system for commune and district councils, with participation from all stakeholders. In this light, it is also recommended that the procedure adopted for the selection of Village chiefs be direct election on the basis of individual candidacy.

Active engagement by civil society in the policy making process is key both to the design of effective public policy and to its eventual implementation. NGOs have a powerful role to play in increasing citizen understanding of new laws and structures and consequently in ensuring that citizens are able to participate effectively within the new D&D framework.

 

Commune Development and Investment Planning Process

The existing Commune Development and Investment Planning process is intended to be highly participatory, but in practice community participation in the prioritization of issues has declined as planning processes have often failed to address the issues prioritized at village and commune levels and as sufficient funding for plan implementation has not been available. Procedures to ensure adequate attention to the overarching goal of poverty reduction have also been missing. Although considerable attention has been devoted to planning functions at the Commune level, there has been limited emphasis on ensuring that adequate resources are available for the implementation of planned activities.  Fiscal decentralization and local revenue generation remain areas deserving of considerable attention in future.

 

Commune/Sangkat Decision-making and Financial Accountability

Despite the introduction of formally participatory governance structures, traditional authoritarian decision-making processes continue to prevail at the Commune level, with many decisions taken unilaterally by Commune chiefs or commune councils without input from those affected by them. Transparency and accountability have remained limited despite the introduction of Accountability Teams at provincial and municipal levels, and guidelines to govern Commune financial management. NGOs remain concerned about ensuring the effective implementation of audit requirements, as well as expanded citizen access to information, on the basis of which public officials can be held accountable.

 

For more information on the issues raised in this paper, please contact:

The Commune Council Support Project, Tel: 023 427197,

Email: ccsp@online.com.kh

 

 

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