by KHLOK Dara,
Good relationship between the citizens
and public administration is a core factor for good governance of a country.
The citizen should have the rights to clarify or complaint any unclear decision/regulations
or wrongful actions from the administration and consequently the administration
have to be opened and responsive to the citizens’ claim or complaint in an
effective manner. To have such an accountable, transparent and responsive
administration, effective complaint mechanisms should be established.
This
principle of this good government has been stipulated in the Rectangular Strategy
of the government where the administration needs to fulfill all-important
requirements for providing better services to citizens, including the effective
complaint resolution mechanisms. The rights to review and clarify the decision
and action of administration seem limited in the Cambodia context even the
constitution envisages clearly this rights in article 128[2-3] and other sector
laws. The mechanisms are fragmented which made it very difficult for citizens
to access to justice in the administration matter even the ordinary cases.
Therefore, the paper will study the current situation of the administrative
complaint mechanisms in Cambodia focusing only the mechanisms inside
administration in order to find out challenges and issues for improving and
building effective mechanisms to ensure the citizens’ rights and trust. To do
this, the paper will highlight first the current legal and policy framework, type
of administrative complaint and its structure, and finally assessing the
current type of administrative complaint by focusing two specific cases for
deeper analysis. At the end the paper will provide some recommendations for
improvement the existing mechanisms.
full file is page 143-173 from the book " The Development of Cambodian Administrative Law", Konrad Adenauer Stiffing, 2014.
and
r in the espons in article 128[2-3] and other sector
laws. The mechanisms are fragmented which madeistration matter even the ordinary cases.
Therefore, the paper will study the current situation of the administrative