This report, prepared by CRDB/CDC with inputs provided by TWGs, documents progress that has been made, and challenges encountered, in the implementation of the JMIs that were endorsed during the First CDCF held on 19-20 June 2007.
I. Introduction and Overview
1. This report documents progress that has been made, and challenges encountered, in the implementation of the Joint Monitoring Indicators (JMIs) that were endorsed by the Royal Government of Cambodia (RGC) and Development Partners (DPs) at the meeting of the first Cambodia Development Cooperation Forum (CDCF) held on 19-20 June 2007. In preparing this report, the Cambodian Rehabilitation and Development Board (CRDB) of the Council for Development of Cambodia (CDC) benefited very much from the reports submitted by Technical Working Groups (TWGs) on progress/challenges in implementing JMIs that fall under TWG responsibility. TWGs were asked to discuss and agree with respective Lead Facilitators the reports before submission to CRDB/CDC, and CRDB/CDC wishes to acknowledge the cooperation from TWGs in this matter.
2. The meeting of the first CDCF endorsed a set of Joint Monitoring Indicators that were to be implemented and monitored jointly. JMIs present priorities to achieve those identified in the National Strategic Development Plan. The current JMIs include targets and actions needed and responsible government implementing institutions/agencies as well as concerned TWGs and indicated resources that would be needed in the course of implementation. The next section will provide in detail status of the implementation of each activity and a summary table is presented as Annex One.
3. Overall, progress has been encouraging although the speed and depth vary across priority areas. The implementation of the National Strategic Development Plan (NSDP) has reached its mid-point, and a mid-term review has been carried out. While the priorities identified in the NSDP represent national goals, its success also hinges upon the leadership and strategic management support provided by RGC in a context of a partnership dynamics that enables the government to exercise ownership over development agenda and process. The Ministry of Planning has made headway in its effort to bring coherence to the planning sector across ministries and government agencies by a development of a strategic document called the Ministry of Planning Strategic Plan (MPSP). The objective is to provide strategic support for the RGC to manage the implementation of the NSDP and strengthen capacity in the planning area. However, coordinated support from development partners to the implementation of MPSP is still under discussion. It remains to be seen that coordinated development partner support is secured for the implementation of the MPSP. That would entail a lot of endeavor on the side of the government and development partners. The Planning and Poverty Reduction TWG is the strategic entry point where discussion for mechanism and steps to reach the goal can take place. Experience of TWGs, such as PFM and Partnership and Harmonization, have shown the potential of rallying diverse development partner supports behind a single government-led initiative.
4. The national aid effectiveness priorities, foremost those identified in the Harmonization, Alignment, and Results (H-A-R) Action Plan, aim to steer a partnership-based approach that underlies the implementation of NSDP. The potential for a deteriorating global environment to impact on aid delivery mandates the effective utilization of scarce public resources, especially those that support NSDP implementation. This has made RGC's commitments to aid effectiveness, reaffirmed in the Rectangular Strategy Phase II, and the call for actions in the Accra Agenda of Action all the more relevant. Progress is being made in implementing the H-A-R Action Plan and the commitments in the Declaration between Royal Government of Cambodia and Development Partners on Enhanced Aid Effectiveness (October 2006). Yet, as a recent evaluation found, progress has been slower than anticipated and uneven across sectors. Learning from the evaluation, the future implementation activities of the H-A-R Action Plan will become more focused and grounded in sector priorities.
5. On social sector priorities, achievements to date suggest consolidation and acceleration. Anchored in the Education Strategic Plan that is being implemented with support from the government and development partners, providing opportunity for primary education continues to be among the high priorities for the sector. As a result, net enrollment and survival rates in primary education keep increasing from year to year and the JMI was met. Yet there is still a long way to go towards reaching the NSDP targets for net enrollment and survival rates in primary education, despite significant progress so far. In the health sector, the Ministry of Health has made great stride in bringing skilled health professionals to health centers, surpassing the JMI target in an effort to curb infant mortality and morbidity. This continues to be the focus of the ministry during the next years.
6. Significant achievements have also been made in responding to the HIV/AIDS pandemic, reversing the prevalence of HIV among adult population. Progress so far has not only built upon a comprehensive and multisectoral response which encompassed prevention, care support and mitigating the impact of the disease on the infected and society; also sustainability of the funding continues to be one of the important factors for the success, while private sector engagement in the HIV/AIDS response will be key in broadening the HIV/AIDS prevention and response. Sustaining progress in the fight against HIV/AIDS involves more than the implementation of the National Strategic Plan for Comprehensive and Multisectoral response to HIV/AIDS although it is critical in this effort. It is linked with efforts that are being made in the health sector, with national anti-drug measures, with advance in civil service reform, and collective action of government institutions and agencies concerned as well as continued support from development partners.
7. Food security is another area that needs to be given attention in the face of soaring food price and the impact this has had on the poor population worldwide. The adoption of a strategic framework to mainstream food security and nutrition represents a first step, nationally, towards ensure that food security and nutrition agenda is integrated into sector strategies and policies. Ensuring the implementation of the Strategic Framework for Food Security and Nutrition should be an important focus in the next 15-18 months given the deteriorating global situation and food price increases.
8. On the economic sector front, agriculture development can finally be grounded upon a sector strategy that is closely linked with water policies. As outlined in the NSDP, and recently the Rectangular Strategy Phase II, development of this sector holds key to the success of the first strategic rectangle, and more widely the implementation of the Rectangular Strategy itself. Yet the pace is slow towards putting in place necessary steps for implementing the Strategy on Agriculture and Water (SAW). The completion of the design of five national programs under the SAW, envisaged by the end of 2008, is not likely, and it seems that much remains to be done in terms of establishing institutional arrangements, securing funding, assessing capacity needs, before the SAW could be implemented.
9. In land reform, building on the achievements to date, the focus will continue to be placed upon the implementation of the legal framework established by the Land Law, in particular those related to the protection of land and land use rights of the indigenous communities, while expanding the coverage of social land concession programs. In forestry reform, rules and regulations on Economic Land Concessions (ELCs) are strictly implemented. So far, a number of ELCs have been subject to review, and continued effort to make public information on ELCs will remain the priority. In fisheries, actions have been taken to reflect the priorities of the fisheries sector to improve the livelihoods of rural communities, including the approval of a Code of Conduct for Responsible Fisheries, and continued strengthening of the Fisheries Administration. Progress continues to be made in demining effort in reducing landmine casualties and contaminated areas.
10. Measures have been taken to create an enabling environment for the private sector to develop under the leadership of the Steering Committee on Private Sector Development. Implementation of risk management is under way to move forward trade reforms. The main focus next is on a "Trade SWAP" and strengthening the legal framework to improve the environment for the private sector to grow with support from development partners in a harmonized way and private sector participation.
11. In the infrastructure sector, measures have been taken to ensure the sustainability of road network, especially rural roads. Under leadership of the Ministry of Public Works and Transport, guidelines on road maintenance have been developed, and a support project has been secured, which will start in 2009, to enhance the quality of the Road Maintenance Management System. Rural area is also the focus of improved sanitation and water supply, being one of the Cambodian MDGs. The development of a Rural Water Supply and Sanitation Strategy is still a relevant priority that will mobilize and harmonize supports behind a government-led effort to bring clean water and hygienic living standard to its rural population, although progress so far has been slow.
12. Progress on governance and cross-sectoral priorities are moving forward in some areas, while in the other, progress is mixed. Built on a credible budget, achieved through the Public Financial Management Reform Program Platform 1, preparation is being made to move toward Platform 2, aimed at improving accountability for effective financial management. In public administration reform, improving the quality of public service delivery continues to be high on the agenda. This is moving forward with effort to enhance remuneration and deployment in the public services, coupled with effective implementation of a human resource management policy. Measures have also been introduced in an effort to phase out salary supplementation practices such as the introduction of MBPI, and work is underway to expand the coverage of MBPI to other ministries and agencies.
13. In other areas, work is on-going towards reaching the targets of JMIs. With regard to legal and judicial reform, of the seven fundamental laws, three have been promulgated, and the drafting process of the other four laws is being accelerated, to pave way for a comprehensive judicial reform. The time-consuming effort and technical complexity involved in the drafting of the Penal Code has implication on the government's effort in having an anti-corruption law tabled for discussion by the government. The government has stated, and more recently reiterated in the Rectangular Strategy Phase II, that combating corruption remain the highest priority policy, and once the Penal Code is finalized, work will begin on having the draft Anti-Corruption Law passed. The immediate next step, therefore, is expediting the finalization of the draft Penal Code.
14. In Decentralization and Deconcentration (D&D) reform, finalization of an Organic Law and the design of a national program to support sub-national democratic development are moving forward albeit slowly. An Organic Law that truly aspires to sub-national democratic development requires a comprehensive consultation process and involves multi levels of governance including financial matters. The elections of the district and provincial councils scheduled in 2009 are a step forward in D&D reform, although preparations for the elections have acted as competing priorities for the government.
15. Progress has also been made in such cross-cutting areas as gender. Preventing domestic violence, suppression of human trafficking, and migration policy remain the focus areas. Although the Ministry of Women's Affairs has made headway, much remains to be done in terms of improving collaboration of concerned ministries and agencies in preventing domestic violence and violence against women, addressing the challenges in the implementation of human trafficking law, not to mention the capacity issue in the ministry.
16. As in other reform areas, governance reform is much more than just technical reforming. This is mainly due to the complexity and sensitivity of the many factors involved. Nevertheless, seeing in the "Rome was not built in a day" view, and acknowledging solid incremental progress across a number of reform areas, the gains so far have provided solid basis to move forward.
II. Status of Implementation
Implementation and management of the National Strategic Development Plan (NSDP)
Target 1: Approve final Ministry of Planning Strategic Plan (MPSP)
Action: Approve final MPSP as a strategic document to be implemented with coordinated EDP support
17. The Ministry of Planning Strategic Plan (MPSP) was approved as the strategic MoP document. So far there is no coordinated external development partner support to the plan.
Action: Bring together the NSDP APR and the alignment section of the CDC AER to document and assess progress on key NSDP indicators and resources committed/aligned to NSDP priorities
18. The NSDP mid-term review documents and assesses progress on key NSDP indicators. The CDC AER documents and assesses resources committed/aligned to NSDP priorities. Effort is still to synchronize timeframe between data collection and analysis, planning and budget process.
Target 2: National aid effectiveness priorities are implemented and monitored in the context of a partnership-based approach to the NSDP
Action: Strengthening Ownership, Managing for Results and Mutual Accountability. Development partners: (i) report to CDC on details of all new and on-going support; (ii) provide up-dated information in the CDC Database; and (iii) hold periodic consultations with CDC to validate data and to assess progress in implementing H-A-R priority actions
19. The Cambodia ODA Database, maintained by CRDB/CDC, has been an excellent tool for providing updated information on on-going and planned support by development partners. Information in the Cambodia ODA Database has been regularly updated and validated by development partners. The Cambodia ODA Database has been instrumental in the conduct of the 2008 Paris Declaration monitoring survey (Jan.-March 2008) and in preparation for the conduct of the 2nd CDCF scheduled in December 2008. Results from the survey provided basis for assessing progress in implementing H-A-R Action Plan priorities.
20. Two main pieces of analytical work were conducted as part of implementing H-A-R Action Plan priorities. One is a study on TC in Cambodia, which was completed in June 2008. The other is the evaluation of the H-A-R Action Plan implementation which is being carried out. Results from both studies and the dialogue they have generated will inform RGC in the implementing of the H-A-R Action Plan for the next two years.
Action: Promoting Harmonization and Alignment. Progress in implementing the H-A-R Action Plan and TWG Guideline is reported by TWGs and consolidated as a background document for each GDCC meeting
21. With reports provided regularly by TWGs, CDC/CRDB has been able to prepare a consolidated report on the implementation of the H-A-R Action Plan and TWG Guideline. The consolidated report was submitted as a background document during every GDCC meeting.
Action: Managing for Results. The H-A-R Action Plan is augmented with a set of indicators, the Aid Effectiveness Report assesses progress in H-A-R Action Plan implementation and is presented to CDCF
22. H-A-R Action Plan has been augmented with indicators. Results of the 2008 Paris Declaration Monitoring Survey and those coming out of the evaluation of the implementation of H-A-R Action Plan will provide basis for assessing its implementation in the 2008 Aid Effectiveness Report that will be prepared for the 2008 CDCF.
NSDP Social Sector Priorities
Target 3: Increase opportunities for primary education
Action: Increase the net enrolment in primary schools (total and by sex)
23. The Ministry of Education, Youth and Sport (MOEYS), with supports from Development Partners, has successfully implemented key strategies stated in the Education Strategic Plan (ESP) and the priority programs in the Education Sector Support Program (ESSP) 2006-2010. As a result, the net enrollment rate (NER) increased from 92.2% in school year 2006-2007 to 93.3% in 2007-2008. The female NER increased from 91.0% in school year 2006-2007 to 93.3% in 2007-2008 at national level while NER for boys remained unchanged at 93.2%.
Action: Increase the survival rate from grades 1 to 6
24. The survival rate from Grade 1 to Grade 6 at the national level also increased from 49.3% in school year 2005-2006 to 52.5% in 2006-2007. The Survival rate for female students increased more sharply from 48.9% to 55.4% while that for boys slightly increased from 49.6% to 50%.
25. Although enrollment and survival rates have increased significantly in the past year, at the current rate of the progress, the NSDP targets for both indicators (100% by 2010) are not likely to be achieved. The main challenges include economic burdens of education on poor households, lack of child’s school readiness, problem of late school entry, existence of incomplete schools, lack of textbooks and other learning materials, lack of water and hygiene facilities in school, and low quality of teaching and learning.
Target 4: Increase the proportion of deliveries attended by skilled health personnel in the public sector to 45% by December 2007 (38% in December 2006)
Action: Recruitment and deployment of at least 68 midwives for 68 health centres that do not yet have any midwife by the end of 2007
26. 188 primary midwives and 40 secondary midwives were recruited in 2007 and have been allocated to 166 health centers, of which 66 had ever had one in 2006. This will continue in 2008, with a total 181 midwives recruited and deployed to hospitals and health centers across the country.
Action: Provide salary incentives to midwives – an incentive based on the number of deliveries was adopted under the Inter-Ministerial Prakas of the MEF and the MoH No 268, April 2 2007 and the adapted midwife salary scales and compensation payments for professional related health risks as proposed by MoH are to be endorsed at a full session of the Cabinet of Ministers
27. Salary incentives have been provided to midwives, and the implementation of this activity will be continued.
Target 5: Enhanced national response to HIV/AIDS pandemic
Action: Increase coverage of effective drug & HIV/AIDS prevention, comprehensive care and support, and effective mitigations inventions
28. The implementation of the JMI has reached the set target in 2007. The greatest achievement of Cambodia's response to AIDS has been reversing the prevalence of HIV among adult population from the peak of 2% in 1998 to its current level of 0.9%. This can be attributed to well-coordinated and resourced prevention programmes and projects implemented throughout the country by partners with strong leadership from all levels of government, and with increasing engagement of communities and community networks. However, ongoing concentrated epidemics exist among males-who-have-sex-with males (MSM), injecting drug users (IDU), and sex workers.
29. Responding to the above emergence issues, the concerned RGC ministries and development partners have jointly developed and used the National Strategic Framework and costed operational plans on HIV/AIDS and STIs for MSM and IDU/DU. In addition, a situation and response assessment for STI and HIV/AIDS programs for MSM n Cambodia has been developed and publicized. A Technical Working Group on entertainment workers was established with clear terms of reference and work plan. It is anticipated that a strategic plan will be finalized by 2008.
30. To increase coverage for HIV/AIDS prevention and providing technical leadership and coordination support, role and responsibilities of key sub-technical working groups were redefined (advocacy and communication; policy and law; religious response to HIV/AIDS; monitoring and evaluation). More representatives from NGOs and community based organizations are included in the groups.
31. Engaging the private sector in the AIDS response is a key strategy in the National Strategic Plan 2006-2010. The National Private Sector Working Group, which chaired by the NAA and composed of numbers of line ministries, the UN and civil society organizations, was established with its annual work plan. It has a plan to develop a national private sector framework and costed operational plan to enhance the response and safeguard the workforce and their families from HIV/AIDS and ensure that work places are sympathetic to HIV/AIDS and related issues.
32. As people living with HIV developed opportunistic infections and AIDS-related illness, government ministries, partners and civil societies scaled up care and support programs to respond to their health care needs. As of the first half of 2008, nearly 30,000 active patients were receiving the ART in which nearly 1`0% sere patients aged 0-14 years old. The expanded coverage of Cambodia's model Continuum of Care program reaches more than 80% of adult living with HIV and more than 50% of children. This model was assessed and the results were shared at TWG-HIV/AIDS meeting. It appeared that the above program was cost-effective.
33. Current impact mitigation programmes usually target people living with HIV, orphans and vulnerable children (OVC) and their families. With the Ministry of Social Affairs, Veterans and Youth Rehabilitation as the lead institution with NAA providing facilitation support together from the inputs of development partners, a situation and response assessment on Orphans, Children Affected by HIV and Other Vulnerable Children in Cambodia has been developed and used followed then by a national strategic framework and costed operation plan for 2008-2010 (currently called Plan of Action) that are shared to the stakeholders and implemented as planned. It is also anticipated that the Provincial OVC Task Force, an initiative, would be created in 2 provinces in Cambodia by 2008.
Target 6: Food security and nutrition integrated into relevant sector
Action: Under RGC leadership, a Strategic Framework to mainstream food security and nutrition is developed by TWG-FSN and endorsed by relevant ministries
34. The Council for Agricultural and Rural Development (CARD) and Ministry of Planning (MoP) started the formulation process of the Strategic Framework for Food Security and Nutrition in Cambodia 2008-2012 (SFFSN) in early April 2007, in close collaboration with the TWG-FSN, and in consultations with concerned agencies and TWGs. Based on discussion and feedbacks, the SFFSN was endorsed by the TWG-FSN in early 2008. Dissemination of the strategic framework is under way.
35. The SFFSN has been used as a reference document in the formulation of policies, strategies, and programmes: the Strategy on Agriculture and Water (SAW), Food Security Support Programme under SAW, and it is strongly expected that it will be increasingly used by agencies and institutions as a reference for the formulation/design of their strategies, programmes and projects especially decentralized development plans. Therefore, a wider dissemination of the framework is being planned and organized at both national and sub-national level. The implementation of the framework will be monitored and discussed regularly.
NSDP Economic Sector Priorities
Target 7: Implement and monitor a partnership-based approach to agriculture and water sector priorities
Action: Progressive implementation of the Strategy for Agriculture and Water, as required by NSDP:
36. With support from TWG on Agriculture and Water, a Statement of Principles (SOP) was developed by the Ministry of Agriculture, Forestry and Fisheries and the Ministry of Water Resources and Meteorology. The SOP was signed by the two ministries and development partners in October 2007. It will serve as a tool to guide development partners and government agencies working in the agriculture and water sectors.
37. To support the development of the five National Programs under the SAW, mechanisms and processes have been set up to ensure an efficient and harmonized implementation of the five programs finalized. For each National Program, a Team Management Support Group has been established, and under the leadership of MAFF and MOWRAM, to oversee the development of the National Programs. So far, Terms of Reference for each Program has been prepared and approved.
38. The design of two National Programs, which was scheduled by end 2007, has not been completed although measures have been taken towards finalizing the programs. It is expected that this will be completed by end of 2008. Given the difficulty encountered during the design phase of the first two National Programs, the schedule of completing design of the 5 National Programs under the SAW has been extend towards mid-2009.
Action: Improved donor and government coordination:
39. The Cambodia ODA Database maintained by CRDB/CDC has been used a main source of information on development partner activities in the agriculture and water sectors. Development partners, through the TWGAW, have been asked to update the information regularly, the last time being August. Work is underway on improving information management for the sectors, supported by CRDB/CDC.
Target 8: Implement the legal framework established by the Land Law
Action: To adopt RGC's Policy on Registration and Use Rights of Indigenous Communal Land and pilot interim protective measures (identification, mapping, classification and provisional endorsement of indigenous land legal claims) to safeguard the indigenous community's land in two provinces within the framework of provincial level state land management committees and districting groups as per Sub-Decree 118
40. Policy on Registration and Use Rights of Land of Indigenous People was developed and approved by the Council for Land Policy. The Policy is now awaiting approval from the government. To implement the Policy, a sub-decree detailing procedures for registration of indigenous people's communal lands has been drafted by the Council of Land Policy. The draft sub-decree is under consultation within the government and with other national stakeholders. The experience gained from a piloting project in three communities is being incorporated into the draft sub-decree, before its submission to the Cabinet for approval, which is expected to be soon.
Action: To improve the livelihoods of the rural poor, i.e. 500 eligible households are settled on social land concessions with livelihood support and at least 10,000 hectares of suitable land confirmed as available for social land concessions
41. Results of the LASED project implemented in three provinces are as follows:
Target 9: With the aim of stopping the loss of Cambodia's forest resources, the legal frameworks established by the Forestry Law and in particular the Sub-Decree on Economic Land Concessions must be fully implemented at all levels of Government agencies
Action: Implement all provisions of sub-decree on ELCs, including establishing and making public log book of ELCs, including those issued at provincial level, and review a minimum of 5 economic land concessions over 10,000 hectares, taking appropriate action consistent with Chapter 6 on the sub-decree on ELCs
42. Provisions in the sub-decree related to the granting of Economic Land Concessions (ELCs) have been implemented strictly. Information on ELCs granted at the provincial/municipal level is available for six provinces/municipalities, although effort is being made to have information on ELCs across the country. In addition, review is being carried out for a number of ELCs with over 10,000 hectares to find ways to reduce the area that has been granted under the concession, and so far agreement has been secured from some companies.
Action: Rapid implementation across Cambodia of forest demarcation in accordance with the sub-decree 53 dated 1 April 2005
43. Progress is being made on forest demarcation. 17 protected areas have been demarcated and mapped and marking poles have been fixed. Despite increase in the price of the materials that are needed, effort is being made to speed up the progress. Cooperation from local authorities is very important in this task.
Target 10: Take appropriate action to reflect the priorities of the Fisheries sector to improve the livelihoods of rural communities in commune, district and provincial development plans as well as donor funding levels
Action: Cambodian Code of Conduct for Responsible Fisheries (CamCode) drafted by end 2007
44. The Cambodian Code of Conduct for Responsible Fisheries (CamCode), based on the FAO Code of Conduct, aims at providing a set of principles and guidance for all levels of relevant government institutions, civil society and the private sector on the approaches and strategies that can be adopted in development, conservation, and management of the sector. The CamCode has been drafted and is being consulted internally within the Fisheries Administration. The draft will be consulted widely with stakeholders (development partners, NGOs and government institutions) before submission to the Ministry of Agriculture, Forestry and Fisheries for final approval.
Action: Work with the government agencies/revenue authorities and donors to ensure the FiA is adequately funded including the revenue from the sector to carry out its mandate with reference to Article 14 of the Fisheries Law
45. Fisheries Administration, through the Ministry of Agriculture, Forestry and Fisheries, has requested funding so that it can carry out its mandate according to that set out in the Fisheries Law. Budget allocation from the government is limited in this regard, and there is only funding from a few development partners. Often these funds are not harmonized.
Action: Donors in fisheries use the planning, accounting and monitoring systems of the Fisheries Administration to be in line with MTEF and MBPI by end of 2007
46. Planning, budgeting and reporting systems have been established with the aim at moving towards a Program Based Approach in the Fisheries Administration. These systems fully conform to the Ministry Strategic Budge Framework of MAFF, and, in addition, a planning database, an accounting manual, an M&E unit, have been developed and put in place to support the systems. Yet only a few development partners are making use of the systems.
Target 11: Further reduction of 70-80 landmines/ERW casualties and a decrease 5-10% of contaminated mine/ERW land
Action: Ensure the implementation, monitoring and evaluation of existing mine action/ERW policy, strategy, and action plans
47. From July 2007 to June 2008 there has been considerable success for the Mine Action sector, as outlined in the Level One Survey (LIS). The strategic planning framework has been strengthened. The National Strategy on Explosive Remnants of War (2006-2015) was officially approved during the National Conference on Mine Action in November 2007, and subsequently updated in February 2008. The CMAA Road Map for 2008 was presented to and approved by the TWG-MA in February 2008. A preparatory study on developing a new national strategy for Mine Action, finalized in August 2008 with the assistance of the Geneva International Centre for Humanitarian Demining, has informed some of the aspects of the current planning framework which is being undertaken by the CMAA together with stakeholders from the sector. The challenge will be to integrate all of these processes into a coherent, evidence based strategy which will inform the MA sector in the future.
Action: Ensure timely disbursement of RGC and development partner funds
48. The disbursement of funds from RGC has improved substantially during the reporting period compared with previous years. Money has largely been received in a timely fashion. The work required for this to happen, however, was very time consuming for all government staff involved due to excessive bureaucracy of the process. Related to this, Development Partners funding is often provided directly to operators and not reported to the TWG-MA or the CMAA. With the exception of Clearing for Results (a multi-donor program managed by UNDP), a significant amount of development partner funding is fragmented and/or not centrally reported in an accurate fashion to allow the TWG-MA to prepare the PIP or other planning/reporting tools effectively.
Action: Improve mechanism to monitor the use of resources and their impact in a transparent, efficient and effective manner
49. Monitoring capacity for the sector has been significantly enhanced during the reporting period. The CMAA has doubled its Quality Assurance capacity from two to four teams, which are based in the provinces and continuously visit ongoing clearance sites to ensure that national quality/safety standards are being met or exceeded. Similarly, the Socio-Economic department now has two teams which conduct post-clearance monitoring to ensure that the prioritization process is targeting MA resources towards areas where there will be significant socio-economic benefits for affected community members. Approximate 200 sites will be visited by these Socio-Economic teams in 2008. Looking forward, a challenge will be to see how some of these functions can be decentralized to provincial authorities.
Target 12: Create an enabling environment for the development of the private sector
Action: Relevant agencies (i.e. MOC, MoH, MAFF, MIME and MEF) to sign and implement the Service Level Agreements, attaching agreed-upon lists of prohibited goods between trade related agencies
50. The Royal Government of Cambodia considers the private sector as a locomotive for growth. Creating an enabling environment for the private sector to grow, thus, represents an important priority. Progress in this regard has been remarkable, as evidenced by the double digit growth rate during the past decade, the record level of Foreign Direct Investment and an increasing number of firms registration. Yet more efforts need to be made to consolidate these achievements. Challenges remain significant in sustaining such a rapid growth in the current global and national environment, including emerging concerns over macroeconomic stability.
51. There has been good cooperation from concerned ministries in implementing the Service Level Agreement. Good progress has been made in agreeing on the list of prohibited and restricted goods. Work is underway on streamlining the list and uploading it into the ASYCUDA system.
Action: Review implementation of risk management and act accordingly to reduce the inspection rate to fifty percent including in SEZ's. Review to be conducted under the purview of the Sub-Steering Committee on Trade Development
52. Related to this, several elements of the risk management framework are now in place such as the Custom and Excise Department's Risk Management Office, the Trade Credibility System, agreement on lists of prohibited and restricted goods, service level agreements, and the ASYCUDA system at the Sihanouk Ville port. It is expected that after the system fully function, the inspection rate will come down.
action: Make specific recommendations on 20 priority licenses impacting on SMEs to ensure relevance, efficiency and cost effectiveness
53. Related to SMEs, no progress has been made on issues of assessing licensing impacts as to relevance, efficiency and cost effectiveness. This still represents important challenge for the private sector.
NSDP Infrastructure Sector Priorities
Target 13: Sustainability of the National and Rural Road Network
Action: Develop Action Plans for the Establishment of the Road Network Maintenance Management System by June 2008
54. Maintenance of national roads in Cambodia has been considered an important priority. The Ministry of Public Works and Transportation has produced a number of guidelines on road maintenance. The challenge ahead is to ensure implementation of the guidelines. The Road Asset Management Project, which will be implemented during 2008-2013, is expected to help enhance the quality of the Road Maintenance Management System. Although road maintenance has been considered a government priority, an absence of a directive on this subject is making it difficult to translate the vision on road maintenance into actions.
Action: Preserve Road Assets by (i) piloting and review of out-sourcing of 3 periodic road maintenance contracts (June 2008); and (ii) improving and developing Overload Control Programs (June 2008)
55. Funding under the PRGO has been secured for supporting the pilot of out-sourcing of road maintenance. Work is underway on preparation of bidding documents to ensure compliance with RGC's financial and procurement regulations. At the same time, the Ministry is planning to conduct a study to look into strategies and processes for transferring the tasks to the private sector and its impact.
56. The Ministry is making effort to put in place mechanisms and taking stringent measures to control the overload issue. A three-level committee to address the overload issue has been set up by RGC. Yet their activities are limited. In addition, missing data on weigh motion (from the beginning of 2008), together with the lack of communication between the Ministry and the provincial level, has made overload control especially challenging across the country.
57. As an urgent measure, seven weigh stations, with portable weigh scales, will be operated starting in 2009 to enforce law and regulations on overload transportation. But much remains to be done, including developing procedures for overload control using the weigh stations and portable weigh scales, and providing adequate budget support for overload law enforcement operations.
Target 14: Increase use of improved sanitation, hygiene and drinking water supply, especially in rural areas
Action: Develop and adopt a rural water supply and sanitation (RWSS) strategy and budget that is based on the official RWSS policy and aligned to the NSDP
58. Following establishment of the TWG on RWSSH, two key actions were considered as benchmarks to measure progress against the target of the Joint Monitoring Indicator: i) to increase improved water supply services for 50% of rural population and adequate sanitation services for 30% of rural population by 2015 in CMDG target; and ii) to increase improved water supply services for 40 % of rural people and adequate sanitation services for 20 % of rural population by 2011 in NSDP target.
59. The Ministry of Rural Development (MRD) with active and strong supports from Development Partners (DPs) is successfully contributing to improve access to safe drinking water sources and adequate sanitation facilities through a number of key outputs: i) construction of around 4,200 * water wells, ii) construction of around 2,000 public latrines, especially in rural schools, iii) 55,308 families received support to build household latrines, iv) around 200 villages in 9 provinces participated in an innovative approach knows as community led total sanitation (CTLS), and v) 70 villages achieved open defecation free through community self-help in building simple and affordable toilet without material subsidy for constructions.
60. Also, the government is using the National Drinking Water Quality Standards developed in 2004 in collaboration between MRD, MIME and WHO as a guideline to monitor drinking water quality, both in urban and rural areas. Behavioral Change and Communication Strategy for the RWSSH sector has been developed and put into practice in rural communities. In order to enhance capacity development for RWSSH program management at community level focusing on sustainable operation and maintenance management, MRD has adopted the Guidelines for the establishment of village level Water and Sanitation User Groups (WSUG). Participatory Hygiene and Sanitation Transformation (PHAST) and CLTS have been promoted to improve sanitation and hygiene practices in rural areas.
61. Despite of the significant achievement, according to the CMDG Progress Report May 2007 issued by the Ministry of Planning, 42 percent and 12 percent of rural population have accessed to safe water supply sources and to adequate sanitation facilities respectively. Lack of liable information on the coverage of rural water supply, sanitation and hygiene (RWSSH) has been a main challenge to assess the sector performance. The extent of which varies greatly according to the source and the indicators used in the different surveys and assessments. Improving RWSSH database management and information system, effective mechanism to monitor water quality, and sustainability of the constructed water supply and sanitation facilities will be the priority interventions under the new national RWSSH strategy.
62. The recent decision of the Ministry of Economy and Finance (MEF) to mobilize partially the IMF-debt relief for rural water supply and sanitation has been an encouraging commitment of the Government to the RWSSH sector. However, major constraint to the sustainable development of RWSSH is the lack of a clear national strategy. Efforts among development partners (DPs) to provide harmonized support to develop a joint national rural water supply and sanitation strategy under the leadership of Ministry of Rural Development (MRD) is being realized, the progress remains slow.
NSDP Governance and Cross-Sectoral Priorities
Target 15: Further develop the Public Administration to serve people better and to become an effective development partner
Action: Implement the approved "Joint Government-Donor Strategy for Phasing Out Salary Supplementation Practices in Cambodia" by:
63. Salary supplementation practices are being phased out at sector level by introducing three mechanisms: the Special Operating Agencies (SOA), Priority Mission Group (PMG), and the Merit Based Pay Incentives (MBPI). The Ministry of Health now is preparing to launch MBPI implementation in January 2009, while other ministries (namely Ministry of Interior, Ministry of Public Works and Transport) are working with CAR on having MBPI introduced.
Action: Improve pay and employment conditions in the civil service by developing and implementing:
64. The core elements of a remuneration strategy are in place and being implemented such as an annual increase of 20% in the base salary; the continuation of functional allowance (management, education, health); the deployment of MBPI and PMG; modernization of the pension system; and the introduction of a health insurance. As a step towards developing a redeployment policy, a study on best practices has just been completed. Consultations on the results of the study are being carried out to explore technical assistance to assist in the drafting of the policy and putting place mechanisms to implement the redeployment policy. Yet the implementation of both remuneration strategy and redeployment policy will critically depend on the coherence of the various state institutions and the sustainability of fiscal resources.
Action: Design and implement an HRM policy and action plan to improve merit and performance management by introducing an HRM Guide and further developing the Human Resource Management Information System (HRMIS) for the Civil Service
65. A policy statement on Human Resource Management and an action plan was prepared and now is being circulated for discussion with development partners. Work is under way to complete the consultation, and seek approval of the policy and action plan implementation. A support project is in place to enhance the functioning of the HRMIS and improve database security.
Action: Enhance service delivery though developing a One Window Offices (OWOs) policy, legal framework and implementation plan, including establishment of at least 5 OWOs across Cambodia
66. A policy statement and Sub-Decree on One Window Office (OWOs) were discussed by the Council of Ministers. It was subsequently agreed to transfer responsibility for OWOs to the Ministry of Interior in support of the implementation of the D&D strategy. The Ministry has started deploying OWOs as an integral part of its strategy to bring the administration closer to the people. The concept of Special Operating Agencies introduced by RGC is aimed at improving the quality and delivery of public services. SOAs are being deployed to enhance performance and accountability in the delivery of public services.
Target 16: Establish a well functioning, transparent and accountable legal and judicial system that protects individual rights as defined in the Constitution
Action: LJRS Strategic Objective 2: Complete the drafting and approval of the remaining fundamental Laws (Penal Procedure Code, Penal Code, Civil Code, Law on the Statute of the Judges, Law on Court Organization and Functioning, Law on the Amendment of the Law on the Organization and Functioning of the Supreme Council of the Magistracy)
67. In 2007, progress was made to ensure the adoption and promulgation of the Criminal Procedure Code. The dissemination of the code and trainings in relation to it were undertaken to ensure effective implementation. The Civil Code and Civil Procedures Code were also completed and promulgated during this period. Issues remain of consistency between these codes and emerging legislations from other sectors. However there is confidence that these issues will be identified and dealt with in a satisfactory manner. Theses codes are being implemented.
68. The Criminal Code has taken some time to pass through the Council of Jurists and is now at the Inter-Ministerial Meeting. All technical matters in relation to the Code have been addressed and there is expectation that this code will move more quickly through the remaining process. Adoption of this law is vital for allowing a number of other related laws to proceed.
69. The Law on the Statute of Judges & Prosecutors, the Law on the Organization and Functioning of the Court and the amendment to the Law on the Supreme Council of Magistracy have all failed to significantly progress over the period. The amendment to the law on the SCM appears to have delayed due to differences between decision makers and there is need for it to be resolved. The delay in the passage of these laws is creating problems with the implementation of the judicial reform, particularly with the impending planning and implementation of the Model Courts and also the development of administrative processes for the courts.
Action: LJRS Strategic Objectives 2 & 7: Review and finalize guidelines for the legislative drafting process that draws on lessons from past experience. Guidelines should seek to inform externally mobilized TA, with an emphasis on building the capacity and ownership of the relevant Ministry’s legal unit
70. After a long period where these guidelines failed to progress there has been recent efforts to have them completed. The TWG was given to understand that the guidelines would be completed by the Council of Jurists prior to the election and that their approval and adoption would occur soon after. There has been a long wait for these guidelines which are an important tool in ensuring consistency in the law drafting process. It is anticipated that the final approval of these guidelines will be one of the earlier orders of business for the new government.
Action: LJRS Strategic Objectives 7 & 4: Ongoing training and transparent selection of judicial professionals to improve the supply of judicial services and the functioning of the courts
71. The continued training of judicial professionals, particularly in light of the new legislation being implemented, has contributed to an improved understanding of the new procedures however it is still too early for comprehensive evidence of the training resulting in improved court function.
72. There are still some concerns surrounding the entry process, particularly with the low number of female judges being produced by the system. The move to creating a school for Notaries & Bailiffs is positive and should further increase the supply of judicial professionals as well as provide a venue for improved training on issues surrounding case management.
Target 17: Combat corruption
Action: Finalize and approve Anti-Corruption Law, based on best international practices
Action: Prepare an implementation plan to enforce and manage the implementation of the Anti-Corruption Law
Action: Disseminate information on reported cases on corruption and conviction on semi-annual basis
Action: Develop a clear policy framework on Access to Information
73. The draft Anti-Corruption Law will be finalized following the completion of the draft Penal Code. This was re-emphasized more recently in the Rectangular Strategy Phase II. The adoption of this sequential process is to ensure the consistency among various laws and effective implementation. An extract from the Rectangular Strategy address is included in the box overleaf.
Target 18: Preparation made for full implementation of the RGC's Strategic Framework for Decentralization and Deconcetration (D&D) reforms
Action: Continue preparation and initiate broad stakeholder consultations on the organic laws on democratic development at sub-national level during Q4 of 2007
74. The “Law on Administrative Management of Capital, Provinces, Municipalities, Districts and Khans,” was promulgated in May 2008. It provides a legal basis for both elected councils and “unified administration”, at Provincial and District levels, complementing the Law on the administration of the Commune/Sangkat, adopted in 2001. Also promulgated at the same time was the “Law on Elections of Phnom Penh Capital Council, Provincial Council, Municipal Council, District Council, & Khan Council,” which establishes that members of Provincial and District Councils will be indirectly elected on the basis of proportional representation from party lists.
75. Preparations for district and provincial council elections which must be held within 12 months, including the preparation of subsidiary regulations further defining council and administrative structures and procedures, are now under way.
76. The adoption of the Organic Law provides the basis for a process of reviewing and potentially reassigning to levels of sub-national government, a wider range of functional roles across government ministries and agencies. This process will likely be complex and difficult, since it will involve the reassignment of control over budget, personnel and assets, protracted, and can be expected to be protracted. To oversee this process, a National Committee for Sub-national Democratic Development will replace the present decentralization management body, the NCDD. The composition of the new body is expected to include representatives of a somewhat wider range of ministries than at present. The drafting of a law on sub-national finance is also reportedly in progress within the Ministry of Economy and Finance. Such a law will be necessary, if significant functions are to be transferred to sub-national councils.
77. Consistent and broad stakeholder engagement throughout the process of defining the subsidiary regulations and procedures necessary to the implementation of the Organic Law, and during the process of functional review, will be important.
Action: National Programme design process and modalities developed, agreed, and resourced for implementation to begin in 2nd quarter of 2008
78. After some delay, contracting for a consultancy team to assist the NCDD National Program Design Team with the formulation of a National Program for Sub National Democratic Development has been completed, and work commenced in early September 2008. The design process is expected to take nine months. This will be followed a by joint donor appraisal and the development of new harmonized support modalities aligned with National Program priorities.
79. The timeframe is tight if a new multi-donor programme is to be designed, appraised and approved in time to begin in January 2010. The risks of donor project timelines undermining national ownership need to be carefully managed.
80. Success of the design will depend on a fully inclusive consultative process with government leadership and wide stakeholder consultations (line ministries, development partners, civil society). This consultative process needs to be given priority together with competing priorities such as the district and provincial elections in 2009, while also recognizing that ongoing donor project monitoring and reporting adds to the already heavy workload of the government.
Action: RGC and development partners design the principles of engagement in support of D&D reform in Cambodia
81. The principles of engagement will be developed as part of the National Program design process.
Target 19: A more credible budget and more effective financial accountability
Action: Sustaining actions already implemented and completing the remaining key actions necessary for Platform 1
82. Four areas are being undertaken with a view to ensuring the on-going sustainability of Platform 1 achievements. Good progress has been made in all these areas during Platform 1 work, but needs deepening and strengthening. There will be continued monitoring of Platform 1 achievements to ensure that they are sustained and enhanced. These areas are the followings:
83. Further improve revenue policy and administration. Revenue policy needs to be further strengthened. In this regards, more attention are being paid to medium term revenue policy including oil/gas/mining, continued improvement in customs, tax and non-tax revenue policy and administration, and strengthening macroeconomic and revenue forecasting. As a result, revenue mobilization policy which is a medium term policy including oil and gas has been prepared; and concretely, in 2007, revenue outturn was 22.5% above the targeted level in comparison with the approved budget of 2007 and domestic revenue was achieved 12 % of the GDP; and in 2008, it is likely estimated around12 % of the GDP due to some reasons.
84. Further improve debt management. To improve debt management some activities have been continued such as reviewing institutional and legal framework and roles/responsibilities of debt management, developing and implementing debt management strategy, and enhancing use of debt databases. As a result, progress has been made in the following areas:
85. Further improve cash and bank account management. Cash and Bank account management has been further strengthened by focusing on consolidation of government bank accounts and strengthening Treasury Single Account, expanding the use of the banking system for government revenue and expenditure transactions, consolidation and improvement of cash plan and monitoring arrear and its ageing profile. It results in achieving good progress in the following areas:
86. Further improve public procurement. Public Procurement process has been further improved through elevating its legal stature, implementing the new Procurement Sub-Decree and implementing Rules and Regulations, strengthening Procuring Agencies’ capacity at national and sub-national levels, strengthening monitoring and evaluation capacity, increasing competitiveness and transparency in the procurement process, and clarifying line of accountability within the procurement process. Progress has been made in the following areas:
Action: preparing the consolidated action plan for implementation of Stage 2/Platform 2), including to make recommendations on the endorsement of EITI
87. The Consolidated Action Plan (CAP 2), the basic document of PFMRP Stage 2/Platform 2, has been drafted and will be very soon finalized for publication. During its preparation process various comments, particularly from development partners, were widely sought and seriously considered to ensure that CAP 2 is complete and comprehensive for achieving “Financial Accountability”. In addition, to implement activities and objectives set out in CAP 2 two more detailed action plans are very needed namely Department Action Plans and Ministry Action Plan. The first one has been prepared and regularly updated; however, the second is under preparation by the Line Ministries with assistance from PFM Steering committee Secretariat; its first draft is expected to appear by the end of October 2008.
88. All of these plans are interdependent and closely linked; and they are dynamic and subject to change from time to time when needed and required. They will be all published by December 2008.
Action: continue monitoring impact through the agreed PFM Performance Indicators
89. As with Platform 2/Stage 2 the Royal Government of Cambodia will regularly monitor progress against a set of indicators. Monitoring is proposed at three levels:
Target 20: Adopt laws and sub-decrees and relevant legal documents, and implement plans against all forms of violence and exploitation against women and children, according to international standards
Action: Sub-decree on the administrative decision on domestic violence adopted
90. The sub-decree has been drafted by the Ministry of Interior and now is submitted for adoption by the government.
Action: Law on suppression of human trafficking and sexual exploitation adopted, and in compliance with the UN Protocol on trafficking and UN convention on transnational organized crime, and the Cambodian draft penal code
91. The Law on Anti Trafficking, in compliance with the UN Palermo Protocol was passed in 2007. In addition, a guideline has been developed to support the implementation of this Law. Yet challenges remain on implementation. Constraints around implementation are complex. Although Guidelines for the implementation of the law have been developed, no comprehensive implementation plan for the Law is in place. Moreover, there is significant discord among development partners regarding this Law. Currently, the urgent shift of focus of legal work toward the issue of “marriage to foreigners" has represented another competing priority.
Action: National Action plan to combat violence against women implemented. The specific target for 2007 is to establish a working group in MoI/DOLA for training materials on the Sub-decree.
92. The National Action plan has been prepared and now is under discussion at the Council for Ministers. Although a working group has not been formally established, training has been conducted including advocacy and awareness campaigns and training of judicial officials and police officers.
Action: Policy and legislation on migration reviewed. Specific targets for 2007 include: Adopt comprehensive Strategy Paper on Migration that links Migration with Trafficking, Smuggling and the Labor Law Reform and closes existing legal gaps to enhance legal protection of migrants
An initial review was conducted on migration issues. Yet the absence of a comprehensive policy/strategy on migration and the limited capacity within the Ministry of Women's Affairs on the issues has been a challenge. Once migration policy is formulated, work on the migration law can be started.