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)

The National Programme for Public Administration Reform is expected to lead to a variety of improvements:

(a) Government institutions will have substantially strengthened their capability to deliver services to the people, and to under- take continuous public administration reform,

(b) the absorptive capacity of the ministries and agencies will be improved. Output, both tangible and non-tangible, will increase on a cost-effective basis, making public services available in a more efficient manner,

(c) the structures and the human resources of the central and local administrations will be adapted to the needs and means of the State. The public service will be afforded an effective system of administration and financing for human resources. A new legal framework will strengthen the neutrality and the motivation of the public service,

(d) the capacities of public servants from a wide range of ministries and institutions will have been strengthened in administrative management, personnel management, budgeting, and individual and organizational performance management through training in modern techniques,

(e) the provincial administrations will be strengthened and central-local relations will be clarified, and

(f) the institutional capability to define, manage and coordinate the public administration reform, will be established by strengthening the Interministerial Technical Commission for Administrative Reform in the Bureau of the 'Council of Ministers, and leading to the creation of a core of management analysis experts who will contribute to the public administration reform process, as well as to continuous management improvement.

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

(i) A firm long-term commitment from contributing countries and international organizations, because a reform of the breadth envisaged will take many years and will be costly- UNDP estimates that the essential elements of reform will cost around US$8 million in technical assistance for the first five years of the programme. This is excluding the cost of training and reintegration which adds up to tens of mil- lions of US dollars. For the moment, only US$4 million have been promised and are about to be committed. However, the World Bank has extended a line of credit of US$17 million of which a small part could be used to finance initiatives relating to the remodeling of the civil service.

(ii) The existence of efficient, motivated State officials because reform can be successful only if officials are motivated, take part and sustain the anticipated reform, and if they have the necessary ability and equipment. Adequate, incentives and remuneration are therefore preoccupation’s of prime importance.

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

1. Restructuring the State Apparatus

The objective of this component is essentially to organize governmental work efficiently thus contributing to the strengthening of the effectiveness of the Administration. It. principally involves the strengthening of the state-run superstructure to manage and coordinate governmental action, to clarify ministerial attributions., and to restructure the services necessary for administrative effectiveness and propriety. The structural laws and regulations - those of attribution and operation of ministries and agencies - are on the road to completion. Already, the law on the organization and function of the office of the Council of Ministers has been adopted. Others, such as the law on the creation of the ministries and secretariats of state and their organization and functions, are recently submitted to the National Assembly for approval. The next stage will therefore focus on strengthening the Council of Ministers' services, the formalization of procedures and instruments of decision, and of coordination and follow- UP., and the clarification of mandates in order to delineate roles and responsibilities.

2. Strengthening Operational Ministers

The objective here is to improve operational ministries' performances and the quality of services offered. The Royal Government is implementing a targetted programme to strengthen management capability and to improve administrative techniques and procedures. The Government, while it is mapping out a national strategy, is outlining programmes adapted to particular circumstances, needs and abilities of targetted ministries (Health, Education, Agriculture and Social Welfare). The experience acquired will be applied to the remaining ministries in accordance with their needs. A vast programme for strengthening the management and administration of health services across the Kingdom has just been launched; a similar exercise in education is starting; and a unit in public management counselling will be established without further delay to help the ministries carry out these reforms.

3. Reform of the Civil Service

This component of the NPRA is made up of three parts with the objective of transforming the public service into a unified,, transparent., neutral and efficient service:
namely, reshaping the civil service; reforming the framework for current management; and reforming regulations. Much has happened in the last year, in particular: the introduction of the Common Statute for the Civil Servants which establishes both the State's rights and obligations as an employer, and those of its employees; stops the automatic hiring of students; and undertakes to reduce manpower by 20 per cent by 1997. There was also a first headcount of staff in February 1995. The next priorities cover a large area: undertaking a qualitative and quantitative census of civil servants; feasibility studies on reintegration measures; and reforming personnel management It practices and processes, including all relevant basic statutes. The Royal Government also intends to develop a policy regarding State officials' remuneration which is compatible with the sustainability of the reform, and thus that of the NPRD itself.

4. Development of Human Resources

The plan is to create a permanent programme for improvement and training with a view to strengthening the capability of officials to meet operational priorities. In particular, the Royal Government intends to create a framework for managing such a programme and to implement short-term training to meet the most urgent needs. This programme aims to increase competence quickly and, therefore, the absorptive capacity of the Administration. Several seminars and information sessions have been held. Intensive training is underway for officials from the Ministry of Economy and Finance and other specialized services, such as disaster management. The Royal School-for Administration has undertaken an accelerated programme to address the most pressing needs. The Royal Government intends to accelerate its action and extend it to a wider spread of priority needs. Seminars, workshops and apprenticeships or tutoring in the workplace would be preferred over more traditional methods. In the short term, there- fore, the object is to create a centre specialized in the development of human resources; and to formulate and implement a short-term training programme in the design and management of projects, in finance and in other administrative techniques, for instance.

5. Strengthening Provincial Administration

The object of this component is to reinforce the capacity of territorial administration by defining the framework for decentralizing the administration, developing the capacity of the Ministry of Interior to exercise a territorial administrative function, and progressively improving the organization and capacity of provincial administrations. The Ministry of Interior has already undertaken a vast work programme extending from a definition of administrative parameters to an exhaustive inventory of State assets. The Ministry has also organized important information and familiarization sessions for provincial officials.

In the course of the next 18 months, attention will be drawn particularly towards the strengthening of interministerial ties in the provinces; the improvement of communication between the capital and the provinces; the dissemination of information on laws, regulations, and procedures; and the training of provincial officials. Diagnostic studies will be completed on the required structure, procedures and practices for the decentralization of the administration.

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:

(i) the training of magistrates and clerks;

(ii) the provision of office equipment for the tribunals; and

(iii) the rehabilitation of tribunals.

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:

1. Police and Public Security

The Ministry of Interior has embarked on a series of initiatives for reforming the administration of the police force and for rearranging the network of detention centres. During the course of last year, efforts were principally focussed on training and acquiring basic skills. Needs are well known and are explained in other fora.

2. Demobilization of the Armed Forces

The Royal Government has pledged to reduce the number of military staff from 130,000 to 90,000 over three years. A study mission should reveal the main routes of action. Very rapidly, feasibility studies should be completed to determine the modalities and financing of demobilization. Mechanisms for demobilization and reintegration into civilian occupations should be compatible with those for remodeling the civil service. In both cases, technical and financial assistance is indispensable to the success of the operation. For its part, the Royal Government has decided to appoint civilian authorities to undertake the process of demobilization. most probably the Ministry of Social Welfare, Labour and Veteran's Affairs.