Restructuring the State
and Rebuilding Capacity for an Efficient Cambodia




The country is experiencing the commencement of rehabilitation and development after two decades of political, economic, and social disruption. This reconstruction is intended to be based on market economy principles, a liberal, democratic society, and an "Etat de Droit". None of these frameworks can successfully be put in place without a strengthened Government machinery oriented along these frameworks, accompanied by a public service trained and oriented toward these frameworks, and backed by fair revenue generation that can sustain the Government machinery and programme delivery designed to lead to equitable development for all Cambodians.

The development objective of the public administration reform programme is to transform the administrative machinery so as to be capable of establishing a stable climate for investment and private sector development, providing necessary infra- structures, developing human resources, and more generally implementing Government policies.

The specific objectives are to strengthen the State machinery and "rule of law", to increase productivity and service delivery of the public administration,, to improve the legal and organizational structure of the public service, to increase the abilities of the public servants, and to strengthen provincial administration.

The National Programme for Public Administration Reform (NPPAR) is an integral part of the National Programme to Rehabilitate and Development (NPRDC), and was agreed to in February 1994, by a meeting of the Council of Ministers. The Programme was presented to the March, 1994 meeting of the International Committee for the Reconstruction of Cambodia. The Government�s NPRDC was launched in 1994. It is considered necessary to reform the public administration institutions and personnel in order to carry out economic reforms and sectoral projects. The Government has legally constituted the Interministerial Technical Commission for Administrative Reform to serve as the focal point for policy and implementation of public administration reforms.

Number of Civil Service Employees (as of September 1994)
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		AGENCY					NUMBER OF
							EMPLOYEES
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		Administration				143,855


		Central Government			28,646

		Health					4,ll4
		Education				2,555
		Social Welfare				776
		Information				l,377
		Industry & Energy			765
		Tourism					226
		Planning				518
		Foreign affairs				637
		Civil Service				72
		Religions				96
		Justice					316
		Environment				526
		Commerce				51
		Agriculture				5,020
		Post & Telecommunications		833
		Public Works & Transport		2,236
		Economy & Finance			3,823
		Civil Aviation				386
		Cabinet					585
		Royal Palace				242
		National Assembly			293
		Others					2,732

		Provincial Government			115,209

		Health					12,844
		Education				72,060
		Social Welfare				1,535
		Information				2,468
		Other Administration			26,302

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The National Programme for Public Administration Reform is expected to lead to a variety of improvements:
EVIDENCE OF EARLY COMMITMENT OF THE GOVERNMENT TO ITS PUBLIC ADMINISTRATION REFORM PROGRAMME

The Council of Ministers has already undertaken a review of the structure of the ,State and its administration, the results of which are embedded in draft laws, now just being reviewed in the National Assembly. These draft laws begin to clarify the structure of the State, and the responsibilities of ministries and other State organizations. Other required laws, decrees and related documents are also being drafted. The Council of Ministers has established the Interministerial Technical Commission for Administrative Reform (ITC/AR), in order to place emphasis on building capacity for management and coordination of reform programmes, continuous monitoring of conditions, for policy development, for evaluation of implementation efforts, and for management of these change processes. The ITC/AR is composed of 18 members, representing the Council of Ministers and key ministries. The ITC/AR has an Executive Secretariat composed of eight members, representing the Council of Ministers, the State Secretariat of the Public Service and the Ministry of the Interior.

Other salient points of reform involve, for example, reform of the budgetary process which was taken in December 1993 through passage of the new public finance law and the 1994 Budget. This budgetary reform is a decisive step towards achieving greater control over public expenditures. The Ministry of the Interior has begun a process of renovating provincial administrations, including an effort to strengthen programme delivery through clearer delineation of responsibilities, improved communications and training. Many operational ministries have prepared two-yea action plans. Sectoral programmes have been endorsed at national symposiums an conferences in areas such as commerce health and education.


REFORM OF THE ADMINISTRATION

The National Programme to Reform the Administration (NPRA) outlines the objectives and operational modalities of the initiatives to be carried out over the long term, It is the result of work undertaken since the election, and undertaken in consultation with various specialized international institutions and other organizations. The NPRA was endorsed at an interministerial work- shop in February 1995.

The NPRA consists of 5 operational fields which were developed within the NPRD itself. The Interministerial Technical Committee to Reform the Administration (ITC/RA), together with its Executive Committee and Permanent Secretariat are the architects of the interministerial consensus on the implementation strategy. The urgent, immediate operational priorities are to complete the structure of the management of the reform programme itself, which includes facilities to mobilize and coordinate external assistance; to clarify roles and responsibilities; and to inform and seek the support of the population. In order to ensure the long-lasting effects of reform, it is also essential to satisfy two conditions

The NPRA has identified the approach and nature of the required actions in each of five sections:

REFORM OF THE JUDICIAL APPARATUS

The restoration of l�Etat de Droit - the rule of law - is an ambitious goal, and it presupposes that different powers and instruments of administration can act only within the limitation authorized by law. It requires some kind of jurisdictional empowerment. In order to institute the rule of law, it is necessary that both the effectiveness of laws and the legality of acts be the object of control and eventually sanctioned by institutional units such as tribunals.

Complementing the legal framework necessary, the Royal Government is seeking to implement mechanisms for the application of adequate legal control. The Royal Government wishes that judicial power be endowed with the means and the people to apply the decisions of the tribunals. Strictly speaking, it is therefore necessary, and in parallel with legislative work, to envisage the restructuring of the judicial system first in quantitative terms which will then enable an improvement to be made in the quality of the judiciary. Magistrates should have the means to sit on the bench, respect privacy in deliberating verdicts, and know how to draw up and pass judgment.


The Royal Government envisages three major priorities:


REFORM OF THE SECURITY APPARATUS

This reform is the most complex and politically sensitive. At the same time, it is also essential and fundamental to the success of NPRD. The Royal Government has already embarked on this work via two main thrusts: