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Friday, March 18, 2016

ADMINISTRATIVE COMPLAINT MECHANISMS IN CAMBODIA: Current Situation and their Challenges


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.

 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

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