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.

Wednesday, February 16, 2011

Cambodia parliament passes controversial anti-corruption bill

[JURIST] The Cambodian parliament [official website] passed a controversial anti-corruption bill Wednesday meant to further transparency in government while opposition parties staged a walkout, saying the new law would stifle criticism and foster corruption. The law will create a national anti-corruption council to oversee investigators, but critics have said that the lack of independence from the government is troubling. Members of the opposition Sam Rainsy Party (SRP) [party website] and foreign NGOs criticized [Phnom Penh Post report] the law because it could potentially punish whistle blowers with prison terms, and does not require government officials and their spouses to disclose their assets. The UN mission in Cambodia [official website] released a statement [text] tentatively supporting the bill but calling on the government to allow more time for public debate.

Transparency International (TI) [advocacy website] has criticized Cambodian corruption, and the country is ranked [TI corruption index] near the top of the list of most corrupt countries in the world. Last year, the UN cut off funding for the Extraordinary Chambers in the Courts of Cambodia [official website], a court set up to prosecute Khmer Rouge officials, after it was accused of corruption [JURIST report] through a kick-back scheme. The UN and Cambodian officials later failed to reach an agreement on a system to monitor corruption [JURIST report] and the court had to rely on international donations [JURIST report] to make up for the shortfall.

Friday, September 3, 2010

National Program for Sub-National Democratic Development of Cambodia


The National Program for Sub-National Democratic Development (NP-SNDD) is the RGC’s agenda for the next 10 years in the comprehensive and in-depth governance reform process of the sub-national administrations, which will also impact on other national institutions. The formulation of NP-SNDD reflects and confirms the RGC’s political commitment to the vision, policies and strategies outlined in the D&D Strategic Framework and the government’s commitment to implementing the Organic Laws on Capital, Province, Municipality, District and Commune/Sangkat administrations.
The NP-SNDD has been formulated while the RGC is strengthening the roles and responsibilities of institutions at all levels towards achieving good governance, development and poverty reduction. To achieve these goals, great efforts by all national and sub-national levels are required, as well as effective cooperation between them. In this reform process, there is a need for equal opportunity for all citizens to participate in local development and to demand better and more comprehensive public services to meet citizen’s needs, leading to poverty reduction and focusing on the most vulnerable groups, particularly the indigenous peoples, women and children. In this respect, the RGC’s goals for sub-national democratic development are to:
  • Create a culture of local participatory democracy, accountable to the citizens;
  • Improve public services and infrastructures;
  • Bring about social and economic development;
  • Contribute to poverty reduction. Programme Areas

Program Areas
This document describes the goals, objectives and scope of the NP-SNDD implementation framework by platform (or phase) and sets out the activities planned under each programme area designed to achieve sub-national democratic development. It outlines five programme areas as following:

1. Sub-national Institutional Development : The directly and indirectly elected councils at all sub-national administrative levels are the primary means for program implementation. The establishments of those councils are not only for dialogue / forum purposes, and the D&D Framework and the Organic Laws expect those councils to achieve concrete results in improving the quality of local people’s lives, starting with the poorest of the poor and the vulnerable groups. The SNDD principles require that the elected councils at all sub-national levels represent their own communities, and are responsive and accountable to their local communities for their performance in carrying out their functions. To achieve this mission, sub-national councils shall receive the necessary authority and resources, including human, financial and physical resources, together with legal competency in order to make decisions serving the local communities’ interests.

Therefore, the creation of sub-national councils significantly modify the lines of accountability for the existing sub-national administrations. The Organic Laws intended for sub-national councils to grow as a strong local foundation and to have autonomy, but no sovereignty.
Responding to these changed requirements, sub-national councils shall have clear administrative structures, systems, and procedures in order to become strong local governance institutions, contributing towards poverty reduction and sustainable development across the country.

2. The Development of Strong Human Resource Management Systems: The elected sub-national councils are composed of members from different political parties, and those council members would not have adequate skills and professions to perform all tasks. Furthermore, when more functions and resources are transferred to sub-national levels, the elected council members could not undertake all tasks and manage all resources by themselves. Therefore, the councils shall have qualified, competent and experienced staff to undertake functions on behalf of the councils and to implement the council’s decisions. The D&D Strategic Framework and Organic Laws require that the councils have their own permanent personnel to fulfill the council’s tasks, who in turn shall be accountability to the respective council. The Organic Law calls for the establishment of a personnel framework at sub-national administrations through the development of separate statute for civil servants at sub-national level under the Law on Civil Servant’ Statute of the Kingdom of Cambodia. The development of this personnel framework is a process linked with the transfer of functions and resources. This process of transferring personnel to the sub-national councils is complex and must be implemented with care. The NP-SNDD document has called for steps, phases and key activities in transferring personnel, adequately developing human resource management and development systems which ensure that there is no increase in the overall number of the staff in the country that could impact on the government’s payroll costs.

3. The Transfer of Functions and Resources: The provision of public services, materials/means and basic infrastructures is a crucial component in the sub-national democratic development. Councils of all sub-national administrative levels shall assigned functions, together with adequate resources, in order for them to be able to provide public services, necessary materials and basic infrastructures to their local communities. The transfer of functions and resources shall carried out in a transparent, coordinated and consultative manner according to plans, phases and appropriate rationales; and with minimum disruption of RGC and DP’s on-going operations. Effective provision of the public services is closely linked with the transfer of authority, bringing the handling of key basic public services closer to the people. At the same time, the effective provision of public services requires that elected councils, and appointed public officials who would undertake the functions have appropriate skills, competency and commitment. Effective provision of public services shall also ensure that local citizens have the right to participate in the process of making the decisions concerning the services which impact on their daily livelihoods; have the right to monitor and evaluate the performance of the elected councils and appointed officials; and, be able to assess the quality of the provided services. Therefore, the transfer of responsibilities for providing key and basic public services to subnational administrations; people’s participation in public administrations; local council’s capacity in the decision-making process to respond to the local needs focusing on poverty reduction, is core to the process of the sub-national democratic development.

4. Sub-National Budget, Financial and Property Systems: The D&D Strategic Framework and Organic Laws demanded that councils at each sub-national administrative level have adequate financial and property resources in order to be able to carry out their functions and responsibilities for responding to local citizen’s needs. For the councils to manage the transferred finance and properties with the highest transparency and integrity as well as a high level of accountability to the people and to the Royal Government, the Organic Law provided for the development of the Law on Financial Regime and Property Management at sub-national level, which ensures that the council will formulate, approve and implement its budget, with proper financial accounting, management of property and with internal and external audits on the council’s budget and finance in accordance with rules, systems and procedures. This fourth program area also describes the council’s needs in terms of the development of the 5-year development plan and 3-year rolling investment program which define their council’s visions for own territory’s development. Activities of the fourth program area defined in each of the platforms supports the council’s decision-making authority on their own plans, finance, budget and property in the response to their respective local needs in accordance with the principles of local autonomy determined in the Organic Laws.

5. Support Institutions for D&D Reform Process: The sub-national administration reform process under the principles of democratic development through D&D will impact institutions at both national and sub-national levels. Therefore to ensure smooth operation of this reform, a strong mechanism is required to coordinate institutions at both national and sub-national levels, for the NP-SNDD implementation. The coordination among institutions at national level is carried out in the process of reviewing functions, resources and responsibilities of the national ministries and agencies for the transfer to appropriate sub-national council(s) of basic key functions and resources directly impacting on the daily livelihoods of the local communities. In this process, existing roles and responsibilities of national ministries and agencies which cover policy and strategy development, as well as all sectoral program implementation, will be changed to development of policy, strategy and national standards on the transferred functions. To coordinate this complex and in-depth reform, the Organic Law called for the establishment of a permanent inter-ministerial mechanism to be the arm of the RGC for the implementation of the Organic Law, namely the National Committee for Sub-National Democratic Development, abbreviated as NCDD. The NP-SNDD has determined the roles and responsibilities of NCDD to coordinate and oversee the implementation of the NP-SNDD through close cooperation with the Council for Administrative Reform (CAR), the PFM Reform Committee and other sectoral reform mechanisms on ensuring adequate staffing, capacity, financing and other resources according to each implementation phase.

In conclusion, democratic development does not have an end, but it embeds a process of gradual progress through policy development, program implementation and lesson learning, with program assessment and review leading to gradual improvement.

Detail program is here (in Khmer) (in English)

Friday, August 13, 2010

Policy & legal framework on the genetic resource linked to intellectual property rights and its implementation in Cambodia

Background

The relationship between agriculture, genetic resources, traditional knowledge and intellectual property rights is a contentious, on-going, issue of debate in several multilateral institutions. These include the World Trade Organization (WTO), and the World Intellectual Property Organization (WI PO), the Convention on Biological Diversity Conference of the Parties (CBD COP), and the United Nations' Food and Agriculture Organization (FAO).

So far the government of Cambodia is a member of CBD and the government has developed a National Biodiversity Strategies and Action Plan since 2002. The strategy and actions has been implemented and enforced in order to preserve and develop the biodiversity in Cambodia. Furthermore, the government developed a number of laws and regulation to protect the intellectual property rights however there is no clear policy/strategy or law to protect the intellectual property rights in the framework of genetic resource.

The nature and terms under which genetic resources can be accessed have changed dramatically in recent years. The free flow and trade of genetic resources has been replaced by a wide range of national and international legal instruments that seek to regulate access, control and use of genetic biodiversity and to protect traditional knowledge. Of particular concern is the recent trend to extend intellectual property rights (patents and plant breeder's rights) to plant genetic resources. Recently, for instant, even there is an initial project to protect the patent rights of bio-rice for exporting to European country but a lot of issues are happened since there is not yet national policy to protect that issue.

The government of Cambodia did take any action concerning to the resource genetic which has been traditionally used and implemented by the local Cambodian people long time, for example, in agriculture sector. The conservation and development of genetic resources is crucial for the maintenance of key crops and the improvement of crop varieties and breeds and, ultimately, for food security. But the implementation of the strategy and action and other laws and policy related to protect intellectual property rights in genetic resource is still a question.

Genetic resources also play a fundamental role in many contexts. In recent years, NGOs have been arguing that the current operation of the international intellectual property system is not preventing bio-piracy, but instead is encouraging it. For example, they point to cases which excessively broad patents have been granted over genetic biodiversity. They are pressing to introduce mechanisms into the international intellectual property system to Cambodian to address these issues.

The council for Legal and Judicial Reform is a body to deal with the development of the policy and strategy of the government in the framework of law for the country in which action to develop a policy/law related to the genetic resource linked to intellectual property rights to improve the intellectual property rights as a whole is a priority action of the government strategy in the framework of legal reform. Therefore it is time for Cambodia to consider on this issue.

The objective of the development of the genetic resource linked to intellectual property rights is to make sure that all genetic resource will be used in the proper way included: (i) balancing the rights of breeders with the rights of local farmers in developing countries to save,' share, sell, and replant seed; (ii) equitable sharing of benefits between plant breeders and farmers to take account of the latter's contribution to innovations in plant breeding and plant patenting; (iii) the protection of genetic resources through measures which prevent the grant of patents over genetic resources; and (iv) the protection of the innovations of indigenous and other traditional communities and the recognition of their traditional knowledge.

Of course, technical support from different stakeholders, especially from international support like WIPO, WTO, CBD COP, and FAO is very important. The Council plan to develop such a very important policy for the government as soon as possible since now it is time for Cambodia to build up international commercial relationship and to make sure that their own genetic resource and traditional knowledge are ensured intellectual property rights.

To develop such a policy/strategy or law for this issue will is a deal and needs a lot of time and efforts to achieve. Therefore, this project should look at (1) assessment of the existing policy and legal framework on the genetic resource linked to intellectual property rights and its implementation in Cambodia, (2) establish policy for genetic resource linked to intellectual property rights for Cambodian context, and (3) develop legal framework to protect intellectual property rights in genetic resource.

Concerning to the relevant policy/strategy and legal framework to support that area, please see t he list of the relevant of those policy and legal framework as followings:

International agreement:

National laws and regulations:

However, starting from this context, a number of involved reports or research has been done so far as list below:

In this project of change, I will focus only the first project which is to assess the existing policy or legal framework on the genetic resource linked to intellectual property rights and its implementation in Cambodia. To do that, a number of activities will need to be conducted. Therefore the strategy to achieve this is (1) prepare working group for the assessment, (2) collect all related documents, (3) analyze, (4) make report and recommendations.

Wednesday, July 28, 2010

NGOs Law and Governance

NGO Law and Governance: A Resource Book

Today non-government organizations (NGOs) worldwide have budgets totaling billions of dollars with tens of millions of staff. But are laws and internal controls keeping pace with their size and power?

NGO Law and Governance answers a need in an area that has experienced enormous growth over the past 25 years. Interest in the legal aspects of NGOs has increased due to their greater participation in civil society and political life.

The author, from his practical knowledge in the field, has written a concise survey for the general reader of the main issues and principles that affect most internationally operating NGOs. Attention is also paid to the improvement of governance in local and development-focused NGOs, which still work primarily in their home countries.

This book will be of interest to members, managers and volunteers of big and small NGOs and also development practitioners and students of social change. It will be helpful to anyone seeking an understanding of the basic content of international and domestic laws and generally accepted governance principles impacting the operation of the civil society sector.

source www.adbi.org