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This website "Cambodian Law" is a small contribution of the access to laws and regulations of Cambodia and hope it can help interested people getting more understanding of the existing laws and regulations, including policy and strategy of the government of Cambodia. most of the information is refer to the link of other website. I would like to sincerely thank for all valuable website where i linked to for allow me to do so for Cambodian people and other interested people.

Sunday, April 18, 2010

Cambodia law

Actually in Cambodia so far, access to law and regulation is still a challenge for all interested people in Cambodia who want to look for law and regulations enacted by the parliament and government of Cambodia. according to the constitution of the kingdom of Cambodia,it said clearly that law and regulations can be enforced even there is disseminated through the official gazette. however, so far the official gazette is published weekly but the content and the number of the laws and regulations published in the official gazette by the general Department of official gazette are limited. Most of the content in weekly issue focusing more on promotion and appointment act rather than laws and regulations.

during this few years, a number of initiative to publish on time and full content of law and regulation has been introduced but there is no single database on law and regulation of Cambodia has been hosting.

in my blog there are more than 100 laws and regulations of Cambodia that i has compiled and upload in my blog. some file is from other website source of Cambodia. i would like to thanks all other source that hosted some law and regulation.

the way i do for my blog is trying to compile all existing law and regulation from other website and source in a single database and some other laws that are not in the website source, i uploaded them.

i do believe that my blog is still missing many things and need more idea and construction initiative for better disseminating law and regulation of Cambodia. so far i just take some free time at night to update my blog, especially, Cambodia law.

all comments and suggestions are very much welcomed.

Sunday, April 11, 2010

Stress will kill you!


It is a good chance for us to have a beautiful time and happiness together with family and friends. I of course think that to get a good time together is some time difficult since we are all busy with many thing around us for getting some thing for our life and our family. Most of people around us is so busy to find money and fit family. Some time we don't have time to enjoy what we get from our efforts. the most important thing most people tries their best to get money for their life and there is no time to relax.

some scholar they said that most illness is come from the stress and concerned problem in the daily life. As the world is developed more and more then human being is challenged more and more as well. They try very hard to deal with many problem in the daily life to fight against those challenges in order to have a good life or superb life. However they don''t think the effect of the working hard without taking relax. Some time we don't know what is life? what is the purpose of life? it is only to get a lot of money with beautiful house, luxury car or titling as excellency?

For me happiness life is very difficult to define and we need to consider to many aspects in the society whether we should only live in normal people or challenged people. Actually according to my understanding, actually there are three main kinds of human being which are:
  1. Normal human being who want to have a normal life and don't challenge against any thing. they just try to live in peace and happiness with a minimum living life
  2. more than normal but not so challenged people. some time they want to be the best some time they relax and some time they don't care.
  3. most challenged people where they want to be the best and try their best to deal and get some thing in their life. they don't care they just want to challenge and get the best in the society.
whatever you like it is up to you. however i think life is not so long since each can't reach 30,000 days. everybody will stay in the globe only those days. so we should have a good life with happiness and relaxation.

I just red one book "leaving stress will getting happiness" by Dale Carnegie and it has been translated by Mr. Un Tim in Khmer. it is a good book said about how to deal with stress and making our mind peace and happiness. Actually there are three theories to deal with stress which are
  1. live one day for one day. don't think to the past or future and try to deal only the day that it is.
  2. if there is stress or problem comes, please do (1) to think that what is the biggest effect of the problem? (2) then try to accept it. it is not the end of the world; and (3) try to write down what are the solution that you should deal with then try to deal with the problems according to your choice
  3. remember that stress can destroy our life
if you want to see more you can find this book. hope you can release some stress.

Japan ODA Support

Finding support for implementing some project or program to develop our Cambodian country is not so difficult since there are many channels that we can access to get the support. Actually according to the statistic of Cooperation Development for Cambodia (CDC) shown that there are many development partners who has been assisting Cambodia in all sector of the government. Actually they provided many opportunities to all implementing agencies, including government, civil society organizations and other interesting agencies to make proposal for the support.

ODA funding or supporting from Japan government is one good example. They provide a clear information every year to all interesting government agencies to apply for ODA support from Japanese government. They provided many scheme such as Technical Cooperation (TCP), Long/short term expert, capacity building, and other financial support for interesting agencies to apply for.

CDC is a good place to ask for information for the application or even we can contact directly to Jica office here in Cambodia.

Study Tour in South Korea: Ombudsman System

It was a good study tour to Republic of Korea. I had a very nice trip to Seoul in Korea for study tour on the ombudsman system. The study tour has been organized from 26 to 31 July 2009 to study on the ombudsman system in Korea where the system has been set up since 1994 with a good reputation. The participants are coming from different government institutions which are a secretary of state of the Office of the Council of Minister, a secretary of state of the Ministry of Interior, a permanent member of the Anti-Corruption Unit, a deputy chairman of the Cambodian human rights committee, a secretary general of the Council for Legal and Judicial Reform, two secretaries General of the Council for Legal and Judicial Reform, director general of administration of the ministry of justice, GTZ consultant and I. The study tour got a lot of information and experiences from the Koran government system, especially the ombudsman system which has been established since 1994.

Actually the delegation has been visited many place of the Korean government institutions, including the Korean civil society organizations. The government institution where the delegation has been visited are Korean national human rights commission, anti-corruption and civil rights commission, Seoul's audit ombudsman, and ministry of public administration and security. The study tour provided a lot of lesson learned which are:



  • Most of the similar government institutions has been integrated together from 3 or 4 institutions into one institution in order to reduce the expense of the government

  • They has used high tech in improving the public services delivery with faster and easier to access by internet

  • the coordination between each government institutions is good and effective

  • the information of each government institution is well prepared in both Korean and English

  • each government officer has a specialized skill in their working field

  • all institution focuses very much on the well and closed public services delivery to the citizens

  • effective mechanism to combat against corruption from the local to national level (Seoul's Audit Ombudsman and Anti-Corruption and Civil Rights Commission…)

  • strong civil society organization to watch and monitor the performance of the government

Development Partners in Legal and Judicial Reform Sector

Executive Summary

The Legal and Judicial Reform Strategy is a priority reform program of the fourth mandate of the government. The reform strategy was adopted by the Council of Ministers in 2003 and the development of its action plan took around two years to finalize by the Council of Ministers with full participation from all stakeholders in government agencies, DPs (DPs) and civil society organizations.Presently many of the 97 priority actions in the reform strategy have been actively supported and implemented by DPs and government implementing agencies. However, there is no single, clear information or report on activities supported by the DPs in the legal and judicial reform sector. As a result some support from DPs could be duplicated.

Therefore it is important to grasp the whole picture of who is doing what in this sector to avoid overlapping, to see the gap between the plan and implementation, and to maximize the resources and inputs from DPs. To achieve this CLJR and all members of the TWG-LJR decided to summarize the activities/projects taking place and to collate them in a DP activity report for the sector. The report will provide a single point of information for all stakeholders, in particular DPs, to map out their activities and plan for implementation of the sector reform program.

The report focuses upon only the activities of the DPs supporting the legal and judicial reform sector and does not cover related sector funding information.

Sixteen half hour meetings and interviews were organized with DPs, being AusAID, DANIDA, USAID, EWMI, GTZ ARDP, GTZ PWR, GTZ LMAP, World Bank, CCJAPIII, EU/EC, ILO, France Cooperation, UNICEF, JICA, Labor Arbitration Foundation, and ILO – component indigenous people promotion. Furthermore the report has been reviewed and commented upon by the Project Management Unit of the Council for Legal and Judicial Reform. To validate the report information, the first draft of the report was presented in the meeting of Technical Working Group for Legal and Judicial Reform (TWG-LJR) on the 20thof February 2009 for reviewing and receiving comments and feedback for the final report (see annex 2 on the presentation slide of the first report). Furthermore, the draft of report was sent to all 20 DPs for final review and comments.

The report focuses upon the information of the projects/programs that DPs (DPs) have supported and implemented in 2008 within the framework of the legal and judicial reform program.

The report will then divide into four main chapters. Firstly, the current progress of DPs activities and other implementing agencies activities in the legal and judicial reform strategy. Secondly, brief information of the structure of coordination mechanism for implementation. Thirdly, the report will examine the gap between planned and actual progress. Lastly, there is a summary and recommendations.

Findings

  • The assessment of the DP activities supporting legal and judicial reform is incomplete since the report focused only on the activities of the DPs in the LJR sector. The report should identify more information on the funding of the DPs in the reform. The implications on government implementing agencies from activity implementation and completion should also be assessed in order to ensure the successful implementation of the reform.
  • DPs played a very important role in supporting and implementing 70 LJR priority actions from the 97 priority actions in the PAILJRS.
  • 12 priority actions have been implemented by RGC agencies without any DP support
  • Twenty DPs actively contributed to the legal and judicial sector reform. Six of these (USAID - 20 activities, JICA - 19 activities, France and Ausaid - 18 activities, GTZ - 15 activities, and DANIDA - 14 activities [see table 1 and annex 3 and 4]) are key DPs who have supported many activities in the legal and judicial sector. The DPs have provided both technical and financial support to the legal and judicial reform program.
  • 202 activities have been supported by 20 DPs in the legal and judicial sector reform
  • Strategic Objective 1 has received much support from DPs with 70 activities supported by 18 DPs
  • Fifteen priority actions are yet to be implemented
  • There are nineteen implemented projects/programs which require further review
  • Sixty-three implementing projects/programs need further support
  • Most of the project/programs implemented in the legal and judicial sector are unaligned with the Plan of Action for Implementing Legal and Judicial Reform Strategy adopted by the Council of Ministers in 2005. Most activities have been implemented according to separate institutional frameworks. Recently the number of aligned projects has increased.
  • Many key DPs, for example, JICA, USAID, AusAID through CCJAPIII, DANIDA, and UNDP have started to align their programs with the PAILJRS of the government.
  • More than 300 million US dollars has been provided to support the sector reform

Major Challenges

  • Effective coordination and cooperation
  • Ownership
  • Capable human resources
  • Concrete Project/Program TORs
  • Systematic review and evaluation
  • Alignment of the program with government reform program
  • Effective monitoring and reporting

Recommendations

  • An effective mechanism should be systematically used and strengthened in order to enhance the coordination and facilitation of the implementation of the legal and judicial sector reform. The TWG-LJR, which has the General Secretariat of the Council for Legal and Judicial Reform as a secretariat, is a good place for both government and DPs to build their relationship in order to assist the legal and judicial reform process. The sub-group mechanism of the TWG-LJR allows for concerns on specific issues to be raised for discussion and clarification and this needs to be utilized.
  • The culture of information sharing be promoted and mechanisms strengthened in order to improve the facilitation and coordination of the implementation of the legal and judicial reform sector. This should include strengthening the capacity of RGC agencies to monitor and report on activities and policy implementation.
  • Increased human resource capacity development for government officers to increase RGC ownership of reform activities. Human resource deficiency is a key challenge of the reform program. Both government and DPs should work together to develop more capable human resources. DPs need to play a constructive role in addressing this problem rather than only criticizing the government for its human resource capacity constraints.
  • Program alignment with government legal and judicial reform program should be more increased and strengthened. This will avoid duplication of activities in the reform as well as ensure that activities are directly supporting the policy of the government. This alignment is something both government and DPs agreed upon in the Paris Declaration on Aid Effectiveness and the Accra Agenda for Action.
  • The Council for the Legal and Judicial Reform should consider the systematic review, monitoring and evaluation of the PAILJRto ensure the process of implementation of the reform is contributing to attaining the common goal of establishing a stable and credible legal and judicial sector. This will also identify incidents of conflict, full implementation failure or blockages in the reform, from both RGC and DPs, so they may be dealt with to ensure mutual accountability for past actions so that lessons for the future may be learnt.
  • Short, Measurable, Accuracy, Realistic, and Timetable (SMART)principle for developing the priority actions of the legal and judicial reform should be applied in order to make all action plans clearer in scope and to ensure clear indicators are developed so that implementing agencies and DPs can better manage for results. The systematic implementation of the IMS of the legal and judicial reform program should be undertaken and active cooperation from sector implementing agencies should be improved. A systematic assessment of DP support, including funding, in the Legal and Judicial Reform should be conducted.
  • More support from DPs which aligns with the government reform program (PAILJRS) is needed to achieve the common goal of the Legal and Judicial Reform

Full Report is her!

Sectoral Policy and Strategy

STRATEGY
STUDY/RESEARCH

National Strategy

GOVERNMENT STARTEGY

RELATED STUDY

Decentralization and Deconcentration Reform

Strategy/Policy/Manual
  1. National Program for Sub-National Democratic Development in English
  2. National Program for Sub-National Democratic Development in Khmer
  3. strategic framework of decentralization and deconcentration reforms (Eng.)
  4. 2010 Guideline 005 on Integration new structure and officer of Capital Province Krong Srok khan
  5. 2010 Guideline 002 of Important Activity
  6. 2009 Guideline on Procedure of Capital, Provincial, Municipality, District and Khan Council Member Replacement
  7. 2009 Guideline on Meeting Process of Capital, Provincial, Municipality, District and Khan Council
  8. 2009 NCDD Capacity Development Plan(Eng)
  9. 2009 Project Implementation Manual(Eng)
  10. 2008 Guideline on Revision of Provincial Accountability Working Group(Eng)
  11. 2008 Hip Pocket on the Functioning of the C/S Committee for Women and Children(Eng)
  12. 2007 Guideline on Organization and Establishment of C/S Committee for Women and Children(Eng)
  13. 2008 NCDD Admininstration Mannual(Kh)
  14. 2008 NCDD Financial Manual (Kh)
  15. 2008 Hip Pocket on the Functioning of the C/S Committee for Women and Children (Kh)
  16. 2009 Project Implementation Manual (Kh)
  17. 2009 Guideline on transfer rights, responsibilities to capital province cities districts khans (Kh)
  18. 2009 Analysis of Returns on Investment Manual (Kh)
  19. 2009 Guideline on Community Livelihood Support Fund (Kh)
  20. 2005 Commune Sangkat Administration Manual (Kh)
  21. 2009 NCDD CSF Technical Manual Vol I Study & Design Guidelines
  22. 2009 NCDD CSF Technical Manual Volume II Specifications for Construction Materials
  23. 2009 NCDD CSF Technical Manual Volume III Construction Supervision
  24. 2009 NCDD CSF Technical Manual Vol 1 Study & Design Guidelines KH
  25. 2009 NCDD CSF Technical Manual Volume II Specifications for Construction KH
  26. 2009 NCDD CSF Technical Manual Volume III Construction Supervision KH
  27. 2009 District Databook Training Material
  28. 2009 Training of Trainer Module2 (Eng)
  29. 2009 Training of Trainer Module2 (Kh)
  30. 2009 Training of Trainer Module1 (Eng)
  31. 2009 Training of Trainer Module1 (Kh)
  32. 2009 Orientation on key principles of Sub-National Administration Management (Kh)
  33. 2008 Manual of Training Skills (Kh)
  34. 2008 Conflict resolution (Kh)
  35. 2007 Hip Pocket on Commune Sangkat Decentralization Managment (Kh)
  36. 2006 Prevention of Domestic Violence and Protection of Victims (Kh)
  37. 2006 Commune Sangkat Action on Education (Kh)
  38. 2006 Commune Sangkat Action on Child Protection (Kh)
  39. 2006 Making Child Rights a Reality (Kh)
  40. 2006Community Health Improvement (Kh)
  41. 2004 Facilitation Skills (Kh)
  42. 2003 Training Manual on the Commune/Sangkat Women and Children Focal Points (Eng)
  43. 2003 Training Manual on the Commune/ Sangkat Financial Management System (Kh)
  44. 2003 Training Manual on the Commune/ Sangkat Financial Management System (Eng)
  45. Complaint Investigation and Resolution Manual
  46. Complaint Investigation and Resolution Training
Study/Research
  1. The Evolution of Demoncratic Process and Conflict Management in Cambodia:
    A Comparative Study of Three Cambodian Elections
  2. Law Harmonisation in Relation to the Decentralisation Process in Cambodia
  3. Accountability and Neo-patrimonialism in Cambodia: A Critical Literature Review
  4. Where Decentralisation Meets Democracy: Civil Society, LOcal Government, and Accountability in Cambodia
  5. Framing Research on Water Resources Management and Governance in Cambodia: A Literature Review
  6. Accountability and Public Expenditure Management in Decentralised Cambodia
  7. Accountability and Planning in Decentralised Cambodia
  8. Accountability and Human Resource Management in Decentralised Cambodia
  9. Leadership in Local Politics of Cambodia: A Study of Leaders in Three Communes of Three Provinces
  10. Land Ownership, Sales and Concentration in Cambodia
  11. The Local Governance of Common Pool Resources: The Case of Irrigation Water in Cambodia
  12. Report of the 2007 commune council election in Cambodia
  13. National Forum on Decentralization and Gender 2005 Khmer English
  14. Partnership Handbook: Promotion Decentralization through Partnership Khmer English
  15. Commune Council and civil society: Promotion Decentralization through partnership
  16. Democracy Initiative through sustainable community discussion
  17. Community Mobilizing committee Toolkit Khmer
  18. 2009 Audit of commune/Sangkat fund implementation
  19. Poverty and selection CMDGs map and chart
  20. Study on district roles in Decentralization and deconcentration
  21. Study on social economic evaluation of commune road project
  22. survey on provincial situation report of Ratanakiri and Mundulkiri
  23. situation analysis 2: Human Resource development system for civil servant of local administration in ministry of interior
  24. 2008 situation analysis of provincial/municipality and district/Khan administration in Cambodia
  25. Cambodia: Enhancing Good Governance for Sustainable Development
  26. follow up survey of baseline socio-economic benefit study
  27. 2008 study on commune/sangkat budget execution
  28. study on accountability working group
  29. study on commune/sangkat fund irrigation project impact
  30. 2006 feasibility study on small scale irrigation project
  31. independent study on donor support to decentralization and deconcentration
  32. a literature study
  33. study on commune boundary conflict resolution
  34. study on knowledge attitude, practices and benefit of good governance
  35. study on existing taxation and options for commune/sangkat
  36. study on commune council and civil society
  37. study on indigenous upland minority screening
  38. study on rural area transport
  39. District and provincial data book
  40. Local Government, civil society and local accountability - How do citizen perceive and interact with the commune council?
  41. Accountability and Neo-patrimonialization in Cambodia - a critical literature review

  42. Accountability and Neo-Patrimonialism in Cambodia - A Critical Literature Review (March 2007) (PDF)