1- Brief background and the current
status of the Cambodian Senate
1.1- Brief background of the Cambodian Senate
Over than six decades so far, Cambodia has gone
through several bitter events. From one to another period all State
institutions experienced radical change and reorganization in order to
adapt to the new political regime by which Cambodia has had to follow.
As a matter of fact, the Cambodian Parliament has also had suffered
from a historical change and turmoil. From 1947 to 1970, Cambodia
adopted the monarch system of Bicameral Chamber, from 1970 to 1975 the
republic regime of Bicameral Chamber, from 1975 to 1979 the Khmer Rouge
genocidal regime with Mono-cameral Chamber, from 1979 to 1993 under the
People's Republic and State of Cambodia regime, Cambodia adopted a
Mono-cameral Chamber. From 1993 Cambodia has adopted a regime of
Constitutional Monarch. These kinds of frequent and abrupt changes have
made the Cambodian Parliament and other State institutions' operation
unsustainable.
The 1993 elections organized by the UN Transitional
Authority in Cambodia (UNTAC) were the historical events which
determined a new turning point for Cambodia development. The result of
the election created a Constituent Assembly which later, after adoption
of the Constitution of the Kingdom of Cambodia, became the National
Assembly. The National Assembly of the first legislature was fully
operational for five years. After the general election in 1998,
Cambodia has had encountered political crisis arisen from the rejection
of the result of the election. But the crisis was settled by Cambodia
itself during a summit of the high ranking leadership of the major
political parties on November 12 and 13, 1999 under the supreme auspice
of His Majesty Preah Bat Samdech Preah Norodom Sihanouk at the Royal
Palace. The summit decided to create the Senate by making amendment to
the Constitution which provided the opportunity for Cambodia to adopt
the Bicameral Chamber system. The first legislature of the Senate was
an appointed Senate up to 2006. There were 61 senators who came from
three political parties in the first legislature of the Senate. The
Senate which was just established after the non-universal elections on
January 22, 2006 is commencing its second legislature. There are three
political parties which control the seats in the Senate. There are 61
senators including nine women. The Senate has an autonomous budget. It
has one Permanent Committee (12 members), nine specialized commissions
and the General Secretariat which serves as the Chief of Staff of the
Senate. The Senate is considering creating its regional offices in the
eight regions.
1.2- Current status of the Cambodian Senate
The elections for the three legislatures of the
National Assembly and the 2006 Senate elections have made possible for
the larger roles of the Senate in representing Commune/Sangkat Councils
throughout the country which are implementing decentralization and
deconcentration policies.
A/ Presently, the institutional development are
increasingly important, but in implementing its duty, it faces a number
of problems due to:
- Examination of the bill: bills are mainly
initiated by the executive which is similar to the other democratic
countries, lack of resources and comprehensive procedural standard
- Limited resources at the specialized commissions in
terms of research and technical advice
- The implementation of decentralization and
deconcentration by the State since 2002 is going along with continued
creation of required laws and regulations
- Technical and expertise of the Secretariat staff is
still limited.
- No systematic consultation process with citizen and
the civil society
B/ In its capacity of an institution to monitor the
government's work, members of the Senate have a lot of tasks relating
to the complaints filed by local people which need to communicate with
the Royal Government and to do the reality checks on the sites. But as
legislative review is a heavy burden, the specialized commission cannot
spend much time to communicate with the government's representatives
and to do the reality checks on the sites. A number of adopted laws
have not been fully enforced due to the limited dissemination and the
delayed process of creating the implementing regulations by the
government.
C/ As representative of the Commune/Sangkat
Councils, members of the Senate lack resources and means to travel to
the regions to inform the constituents about its activities and to
build relationship with local people as much as it was expected. In
this context, the Senate must develop its regional offices. The primary
goal of establishing these offices is to monitor the evolution of
Commune/Sangkat and receives citizen's complaints from the regions
which should be forwarded directly to the Senate for taking action
according to the procedure.
D/ In the past five years, the Senate has tried its
efforts to implement its five-year strategic planning (2003-2008) which
consists of five important objectives and has recorded remarkable
results. The five strategic objectives include:
Objective 1: Human Resources Management and
development
To implement this objective, the General Secretariat
has put in practice its policy on creating Job Description for all
officials and positions in the General Secretariat of the Senate and
developed policy on human resources management and development which
provided just, fair and equitable appointments. A long with this, the
General Secretariat of the Senate, in cooperation with its development
partners, has sent 34 staff, including seven women, to conduct a study
tours to gain understanding and get experiences from the legislative
bodies of other countries. With regard to the implementation of
measures to motivate women staff to participate in all activities and
positions, the General Secretariat has implemented policies toward
women in the Secretariat by providing them the opportunity to take part
in State's affairs and insure that there is justice and equality
between male and female of the senate staff. In the appointments of
officials at all levels and positions, the General Secretariat has
appointed 48 female staff to the management positions (from deputy
bureau chief and up ) which amounted 51% out of all the 95 female and
38% out of the total of 188 officials (dated up to December 2006).
With regard to training development of human
resource, the General Secretariat has achieved remarkable results since
1999:
a/ In-country training
-1999 trained 37 staff
-2000 trained 81 staff
-2001 trained 200 staff
-2002 trained 341 staff
-2003 trained 379 staff
-2004 trained 1069 staff
-2005 trained 505 staff
-2006 trained 882 staff
b/ International training
-2001 trained 01 staff
-2002 trained 02 staff
-2003 trained 10 staff
-2004 trained 11 staff
-2005 trained 04 staff
-2006 trained 05 staff
In-country training was organized on based the
annual activity planning of the departments under the General
Secretariat of the Senate. This faces a lot of difficulties due to the
fact that the Human Resource Department has been newly created and the
latter has not developed its master plan for human resource training.
We hope that in the year 2007, a master plan for human resource
training will be developed and put into implementation. On the other
hand, in cooperation with UNDP, the general Secretariat of the Senate
has studied and drafted a master plan to develop the institution as
follows:
- Master plan to develop legislative capacity
- Master plan to develop library and archives
- Master plan to develop Information Technology
- Master-plan to develop communications
We hope these master plans can be implemented in the
years to come if the donor countries provide full support. Besides,
training on legal assistance, legal research, legal analysis and
training of trainers has not been fully implemented as development
partners have mainly provided with short term training which was not
feasible because these kinds of training require long term commitment
if it were to be effective. The General Secretariat will try to urge
development partners to change their priority goal to long term
training so officials could gain concreted skill in the future.
Objective 2: Structure, System, Policy and
Procedure
We have good result in implementing this objective.
The Senate has created the Law on Election of Senators on time.
Research and the creation of the Law on Congress between the Senate and
the National Assembly have been developed and completed its first
draft. Regulations on the precise role of senators and services to be
provided by the General Secretariat of the Senate to senators has been
fairly implemented, but still not fully satisfied.
Besides, the General Secretariat of the Senate has
developed the Law on the Statute of the Legislative staff
(Kram#NS.RKM.0203-007 dated on February 13, 2003) in order to insure
long term and sustainable institutional development, and to integrate
the statute of the officials by smoothly transferring them from the
former statute to the new one. On January 1, 2005, the General
Secretariat of the Senate developed eight policies and put them into
practice. The followings are the eight policies:
1- Policies on recruitment of officials
2- Policies on recruitment of contractual and
non-contractual staff
3- Policies relating to Job Description
4- Policies on training and development of human
resources
5- Policies on motivation and encouragement of
legislative staff at the General Secretariat of the Senate
6- Policies on women at the General Secretariat of
the Senate
7- Policies on appointment of officials to the
management positions in the structure of the General Secretariat of the
Senate
8- Policies on Pension and Professional Disability
Funds for the legislative staff of the General Secretariat of the
Senate
The General Secretariat of the Senate has been
drafting Policies on Evaluation form and other resolutions:
- Policies on Effective Management of Interns
- Policies on Putting officials on Leave Without
Pay
- Policies on Placing officials outside the Original
Cadre
- Policies on Dispute Resolution Within the General
Secretariat of the Senate
- Resolution on the Creation of Pension and
Professional Disability Funds
- Evaluation Form for Official Taking Responsible
Position
- Evaluation Form for Contractual Staff
Along with the above mentioned, there is a successful
completion of the works on the update of the new structure of the
General Secretariat and the Internal Rules and Procedure of the General
Secretariat of the Senate. All departments attached to the General
Secretariat of the Senate which were created under the new structure
have completed their individual internal working process in order to
insure work efficiency, clear responsibility and sustainability of the
departments' work. The General Secretariat of the Senate has been
gradually working on the electronic management in the areas of finance,
audit and inventory. As for the recording system, with assistance from
Japan, the General Secretariat has been organizing the audio-visual
system and hansard service for the plenary session, the Permanent
Committee and the specialized commissions' meetings by installing new
system and modernizing the existing system so that the latter works
will be better.
Objective 3: IT System
In implementing this objective there has been some
tension and difficulties as Network and IT systems have not been
installed. There is a need for fund raising from donor countries in
order to meet the requirements on equipping the General Secretariat
with IT system and to implement the IT system. In spite of this, the
General Secretariat has already be prepared in the training of
officials specialized in IT technology and electronic repair and
maintenance. Even facing some difficulties, the General Secretariat has
been working on raising funds from development partners. As a matter of
fact, UNDP which is a development partner of the General Secretariat of
the Senate has helped to install an Internet Cafe for senators and
staff of the General Secretariat so that they step by step do research.
As for the Senate Website, the General Secretariat has worked on the
update and adjustment for the Senate Web Page;
It is noted that development partners usually
provide support in skill trainings but do not have any principles in
helping with operational material and equipments.
Objective 4: Information Dissemination
There have been also some difficulties encountered in
this objective as it is related to budget issue which should be spent.
Actually, the General Secretariat of the Senate has not created its
own printing house and studio to produce and disseminate the
information. As this project requires high cost which beyond the
capacity of the Senate, there is a need to raise funds from development
partners in order to purchase these equipments. However, the General
Secretariat of the Senate has developed documents and other information
related to the Senate and to disseminate them through public and
private print and electronic media. Additionally, we have prepared in
the training of staff in the areas of management, operation,
maintenance, techniques of the information dissemination. The General
Secretariat has also step by step worked on the upgrade and
amelioration of the quality of the Senate Bulletin by inserting more
important activities of the Senate especially those related to the
legislative, oversight, and representative roles of senators. As for
the ability to create a Documentation Center; even now the General
Secretariat of the Senate has not yet worked on; it has established the
Archive Unit to store the Senate's documents. As for the library,
although it is not yet electronically organized, there have been
efforts to provide books and documents to serve the general citizen; as
a matter of fact there were 15,105 and 21,109 people who respectively
came to read and looked at the Senate Website. Besides, the training of
10 trainers on the information service and document the General
Secretariat has not yet fully implemented.
Objective 5: Relationship with national and
international Institutions
There has been good achievement in this objective.
In the area of public relation, the General Secretariat has developed a
strategy with broad characteristics including dissemination through
documents, audio-visual and good relationship with media so activities
of the Senate are publicly informed. Publication of official documents
of the Senate and the distribution to the citizen has also been well
done. Furthermore, the General Secretariat of the Senate has also been
making good relationship with the institutions of the National
Assembly, royal government and NGOs in order that they provide supports
to the Senate since its creation until today. In addition, the General
Secretariat of the Senate has trained its staff on the role of public
information and public relation so they can help increase the
efficiency of the public relation work of the General Secretariat of
the Senate. The General Secretariat of the Senate has set an open door
policy so that the general citizen, civil servants, monks and students
can come to visit and understand about the Senate. Along with this, we
have allowed students from faculties and universities and poor youth to
have internship in various departments of the General Secretariat.
On the front of international relation, since 1999
the General Secretariat has taken into consideration that international
relation is the core work for the development of the Senate
institution. Actually, the General Secretariat has developed
cooperation with foreign parliaments in the world, with Inter
Parliamentary Union (IPU), ASEAN Inter Parliamentary Organization
(AIPO), Association of Francophone Parliaments (APF), etc.., and with
international development partners such as Canadian International
Development Agency (CIDA), United Nations Development Program (UNDP),
Konrad Adenauer Foundation (KAF), in order to raise funds to support
training and capacity strengthening of the officials and staff of the
General Secretariat of the Senate.
From one year to another, there has been good
progress in the international relation work within regional and
international framework. Actually, every year the Senate and General
Secretariat of the Senate send many groups and delegations abroad for
visits, study tours, meetings, and conferences in order to learn the
experiences from other countries. On the other hand, numbers of foreign
delegations who come for visit and meetings in Cambodia have been
increased form one year to another. Among foreign delegations who come
to visit Cambodia, it has been noticed that some of the high ranking
ones were led by Presidents of the parliaments. As a matter of fact, up
to now there have been delegations led by the President of Parliaments
from France Belgium, Australia and Canada. Along with this, the Senate
has also established Groups of Cambodian Senate Friendship with
friendly Parliaments in the world for the purpose of strengthening
friendship and cooperation among Cambodian Senate and Parliaments in
the world. In summary, the Cambodian Senate has been paid great
attention from the international circles as we open up for the broad
relationship with the international organizations. We have noted that
under the international relation work there have been remarkable
results in funds raising. From the creation of the Senate in 1999 up to
now, the General Secretariat of the Senate has received assistance from
friendly countries' governments and parliaments and development
institutions for a total amount of USD 4,510,196.16 namely:
- The government of the People's Republic of China
had provided five times of donations to build the plenary session hall
of the Senate, the library building, the offices of senators , and
restoration of the infrastructure of the Senate in the amount of
USD3,079,499
- The Royal government of Japan had provided four
times of donations to renovate old buildings office material and
equipments for the Senate studio in the amount of USD 1,325,702.16
- Government and the parliament of the Socialist
Republic of Vietnam had provided three times of in- kind donations as
office material and floor curtain in the amount of USD155,000
- The government of the Republic of Korea donated one
vehicle, the Republic of Indonesia donated modem furniture for one
room, and the Government of Brunei Darussalam donated USD 20,000.
As for the human resource development, the General
Secretariat of the Senate has tried to make relationship and raised
funds from friendly countries and development partners to help train
human resource of the General Secretariat of the Senate. Actually,
since 1999 up to now, development partners such as UNDP, the Konrad
Adenauer Foundation, Cambodia-Canada Legislative Support Project
(CCSLP), etc.., have provided 223 training sessions to officials of the
General Secretariat of the Senate. As for the international training,
the General Secretariat of the Senate has many times sent officials to
long-term training in Australia, Japan and New Zealand; short term
training to Singapore, France, Japan, and Canada; and study tours to
Australia, Canada, Thailand, Sweden, the Philippines, Vietnam, China,
France, Laos, India, etc.., . Along with this, the Department of
Protocol and International Relations has been trying to upgrade better
its capacity in the international relations and cooperation in order to
respond to the role and duty of the department and to meet the
international standard.
Looking in general at the five objectives in which
the Senate has been trying to achieve form 2003 up to the first quarter
of 2007, we can see that we achieve good results in three objectives,
i.e. objective 1, 2 and 5, and this can be translated to an overall of
70 to 80. Besides, the objectives 3 and 4 can only reach up to 50 to
60 as they are subject to high costs of equipment which is beyond the
ability of the Senate and need to fully rely on assistance and support
from outside.
E/ Strengths and Weaknesses
E.I Strengths
- The leadership of the Senate has good will and
full accountability towards their work
- High quality and efficiency in the capacity in
management of the leadership of the Senate
- There is a smooth transition from the first to the
second legislature of the Senate
- The Senate developed law on election of senators.
Internal Rules of Procedure of the Senate, and other import legal
instruments
- Senators have taken part in reviewing and adopting
laws with transparency and in a timely manner
- The Senate has made its five-year plan
(2003-2008)
- Having raising funds continually from outside for
the development of the Senate institution
- Having appropriate working space equipped with
appropriate material
- Senators fulfill their tasks well according to the
Constitution and gain good knowledge and experiences in politics
- Senators have built good solidarity among their
peers and enjoy good cooperation from members of the National Assembly,
foreign parliaments, and international development partners
- Officials of the General Secretariat of the Senate
have good will and accountability in providing support to senators,
thus increasing development of the Senate institution
E.2 Weaknesses
- Lack of standard in the review and law drafting
- Officials in the specialized commissions do not
have full capacity to legal opinion and research and budget oversight
to commissions and senators
- Lack of high standard in the monitoring of the
implementation of the executive institutions by senators
- Senators who represent Commune/Sangkat Councils do
not regularly visit their locality in the eight regions
- Limited dissemination of information for public
awareness through radios, TV, magazines, Website, etc..,
- New senators have not received full and in-depth
training on the work of the Senate
- Lack of strong legal documentation center, modern
library, information center which capacity to insure inflow of
information, and parliamentary center which can insure human resource
and technology development for the Senate institution
- Lack of partnership between the Senate and the
Audit Authority in order to control national budget
- Lack of knowledge and in-depth implementation of
gender in the Senate
F- Opportunities and Threats
F-l Opportunities
- The process of the 2006 elections of senators for
the second legislature was conducted smoothly
- Having support and assistance from the National
Assembly, royal government, and friendly countries
- Having the Constitution which is the guiding
principle to review and adopt legislation
- Having aid from foreign countries in looking at the
long term development of the Senate institution
- Having good cooperation with partner organizations
in training to strengthen the capacity of senators and officials of the
General Secretary of the Senate
- Having foreign legal experts to help provide legal
consultation to senators and officials
- Having participation in international study tours
and meetings to learn and exchange the experiences on parliamentary
work
- Having and support and good cooperation from
foreign parliaments, Inter Parliamentary Union (IPU), ASEAN Inter
Parliamentary Association (AIPA), Association of Francophone Parliament
(APF), and other international Parliamentary Friendship Groups
- The State has provided with adequate remunerations,
monthly salary and other allowances which help increase the quality of
the work of the Senate
- International partner organization installed an
Internet Cafe which helps facilitate, to a certain extend, the research
of the Senate.
F. 2 Threats
- Very limited timeframe in the review and
examination of the bills and proposals referred from the National
Assembly
- Some ministries and institutions have not yet
provided broad access to important documents to the Senate
- International partner organizations are slow in
providing printing equipments to the printing house which is
contributing to the dissemination of information the general citizen
and to expand public relations
- Donors have not yet installed the IT system in
office buildings of the Senate
- Political deadlock after 2003 general election
- Within the first and second legislature, the
Ministry of Economy and Finance has been slow in the disbursements of
budget for travel to contact with voters (Commune/Sangkat Councils)
- Capacity of the national budget is limited as
compared to the huge needs for institutional development (expansion of
office space, installation of equipments, recruitment of new officials
or highly specialized experts)
2- Why strengthening the capacity of the Cambodian
Senate
To strengthen the capacity of the Senate in order to
fulfill the three important roles (legislative, government oversight,
representative) along the line with democratic principle is the most
demanding factor. This factor requires broad support and cooperation
from national and international communities through a clearly defined
short, medium and long term strategy.
New development indicates that there are efforts from
the royal government and the legislative body in order to achieve
progress toward global goal in strengthening the role and capacity of
the Cambodian Senate.
Support from major development partners for the last
decade such as United Nations Development Program (UNDP),
Cambodia-Canada Legislative Support Project (CCLSP), the Konrad
Adenauer Foundation (KAF), French Parliament and partners have proven
the importance and necessity in the development of the Senate in the
process of democratic development and building the rule of law..
Therefore, the above mentioned points require a need
for continuation of support to further strengthen the capacity of the
Cambodian Senate for the following reasons:
- It is the strong will of the Senate to raise its
capacity
- It is needed to strengthen the role in government
oversight: the government must be accountable before the Senate for its
policies. The Senate must evaluate and closely monitor the national
budget allocation and the implementation of the income and revenue of
the royal government, especially issues related to financing the
Commune/Sangkat Councils, the implementation of the decentralization
and deconcentration policies, and the process socio-economic and
cultural development of commune/sangkat. Furthermore, the Senate must
urge the royal government toimplement its policies with transparency
under the framework of good governance and rule of law.
- It is needed to strengthen the role in making
legislation and monitor the law enforcement: the Senate must examine
and adopt the bill and proposal with professionalism and good judgment.
Furthermore the Senate must monitor the actual implementation of laws
and regulations issued by the royal government when they are adopted.
In law making process, the Senate must encourage the public
consultation in order to give advance knowledge and to make the
enforcement more efficient when it is adopted.
- It is needed to strengthen the representative role
of the Senate in representing commune/sangkat councils: The Senate must
be aware of the situation of the citizen and settle their complaints by
forwarding them to the executive or competent institution. Along with
this, the Senate must put efforts on strengthening its capacity in
order to be the secretariat of the nation in decentralization and
deconcentration works, thus becoming the strong support of the
commune/sangkat councils throughout the country in the policies of
socio-economic and cultural development of the localities.
3- Prospect of Cambodian Senate for the next ten
years
Strengthening Cambodian Senate is the core factor
for the success of the country in integrating Cambodia into ASEAN and
other regional and international forums.
Many views that the Parliament must strengthen its
capacity in order to fulfill roles and tasks in the consolidation of
rule of law, maintaining economic growth in a sustainable manner, thus
contributing to the development of people's living standard and to push
for development of decentralization and deconcentration policies. On
the international arena, the Cambodian Senate must provide ratification
on some important treaties, conventions and pacts. Cambodia must
position itself as good member of ASEAN, United Nations, World Trade
Organization, and also a responsible signatory of international
protocol, treaties and conventions. At the same time, the Senate has
good cooperation with the executive and the judiciary, the Senate must
further strengthen its capacity and abide by the principle of
separation of power. As the legislative power, it should be clearly
define between the power and competence of the Senate and the National
Assembly.
In the future, the Senate should be:
3.1 Legislative body with full capacity in law
making
- The Senate must show its courage and full capacity
in reviewing and making recommendations to any proposed legislation so
that they have better quality comprehensive and consistent. The Senate
must show its high standard of expertise which is not owed to taking
side or oppose the royal government as the National Assembly. The
Senate must show its maturity, balanced judgment in order to end the
unfair criticism that the Senate is just a rubber stamp.
- The Senate must have enough time to examine bills
and proposals even if they are urgent and need a special procedure for
proper examination. In this case, there should be a study on the
amendments of some articles of the Constitution to make it possible
that the Senate must have at least 60 days so that it can
comprehensively fulfill its legislative work with public consultation
process.
- Senators must have professional and technical
knowledge to proper examine bills and proposals.
- Specialized commissions currently consists of nine
in the Senate should not be overloaded with work of examination of
bills and proposals. If deemed necessary, a special commission should
be created for each bill and proposal.
- Specialized commission should organize public
consultation and must have full access to information from experts,
practitioner and the civil society.
- Assistants to specialized commissions should have
full capacity to provide opinion to commissions during the examination
of bills and proposals.
- Coordination among specialized commissions should
be ameliorated. Some bills such as bill on financial law should be
discussed by the commission and Finance and Banking with participation
from other commissions whose jurisdiction fall under any chapter of the
bill. This has been implemented and should be defined into a systematic
procedure. Especially, each specialized commission should have more
opportunities to meet with the concerned ministry in order to collect
data related to the past implementation and to learn exactly what is
required to implement in the coming years.
- The Senate may provide recommendations to the royal
government to draft a bill on special issue if deemed urgent.
- In accordance with the Constitution, the competent
members of Senate shall initiate legislation.
- The Constitution stipulates that the official
language and script is Khmer. The Senate should initiate ideas with the
Royal Academy of Cambodia to develop a new glossary or terminology in
order to clearly define the currently used terms and reduce ambiguity
in the law.
- The Senate must push for the development of a law
defining the Congress of the National Assembly and the Senate in order
to increase the accountability role of the legislative body as
stipulated under the Constitution.
3.2 Legislative body with full capacity in oversight
and monitoring of the Executive
- The royal government should be accountable before
the Senate in the implementation of its policies.
- The Senate should increase its constructive
discussion with the royal government.
- The Specialized commission should have enough time
in monitoring the government's affairs according to its individual
competence.
- The specialized commissions of the Senate should
have made regular enquiry investigation and recommendations to the
Senate on any issues related to its responsibility.
- The specialized commissions should organize public
consultation.
- Activity related to oversight and monitoring of the
Senate can be done if there is enough training on skills and capacity
of the officials of the General Secretariat of the Senate especially
research and documentation skills.
3.3 State institution truly representing the
Commune/Sangkat Councils
- Public recognition of the role of the Senate:
Knowledge from the general public, major economic operators, and the
society vis-à-vis the Senate and members of the Senate is still
limited. Communication between citizen and the commune/Sangkat council
and their representative is still limited. The Senate should further
try to establish different methods such as booklet, magazine, radio
program, television, web site, and to develop public relations policy
and the information center to disseminate information to people, all
institutions and Commune/Sangkat councils in order to raise people's
broader awareness on the Senate.
- Increase systematic contacts and missions at the
local level: To fully implement the role as representative of members
of the Senate, there should be proper network to get the updated
information from the locality members of the Senate relating the issue
of efficiency, good process of the government policies, people and
Commune/Sangkat's expectation and complaints, etc. The Senate should
continue to organize local visit especially at the commission level.
Officials of the regional offices of the Senate should increase their
capacity in order to respond to people's need and provide services,
according to the role of the regional offices, analyze local
information and report to members of Senate and the specialized
commissions.
- Public consultation: In implementing the process of
making law and the oversight role especially at the commission level,
the Senate should be able to get true feedback and assessment in order
to see whether provisions in the bills or proposals are acceptable by
the citizen. Specialized commission has the competence to define
detailed procedure on public consultation to get recommendations on
bills and proposals at national and local levels. In order to upgrade
the quality in law making and government oversight, the Senate should
conduct public consultation with participation from citizen, NGOs so
that opinions and ideas can be expressed.
- Each senator who is the representative of the
Commune/Sangkat Council should build close relationship with the
locality through contact system, forums and other regular program.
3.4 The Senate with efficiency in insuring
information flow
- Rule and procedure of the Senate should be defined
in such a manner to ensure communication between the National Assembly
and the Executive as needed by the Senate.
- In parlkiament system, the Senate should consist of
Permanent Committee, Special Commissions, Specialized Commission,
Inter-parliamentary Organization, and Friendship Groups to fulfill
specific tasks as stipulated in the procedure. Statute and Internal
Rules of the Senate. Members of the Senate should receive accurate and
systematic information on any decisions of other institutions which
relates to law-drafting and follow up processes and internal affairs of
the Senate. The information should be given on time in accordance with
rule and procedure whether in hard or electronic copies as well as in
its website. Documents published by the public institutions should be
made available to other members of the senate.
3.5 The Senate with quality support services
- In order to implement the three roles-legislative,
government oversight, representative-the Senate should receive support
services from the General Secretariat so that it can effectively
fulfill its tasks. Besides the support services for the three roles,
the General Secretariat should provide other support services such as
preparation of important memo, report, research, documentation, and
assistance in the organization of the plenary session and meeting at
specialized commissions.
- Officials of the Senate should have capacity and
specific skill. There is a need to train advisor with specialization in
procedure and research in order to provide support services more
efficiently.
- The Senate has a Research Department, Library, and
Information Department and currently we have the strategic plan to
increase the capacity of these departments by developing a strong
Research Center, a modernized library, information center with capacity
to ensure quick flow of information. The establishment of the Senate's
printing house is an urgent need that will contribute to the
dissemination of information relating to law to the citizen and to
expand the Senate's public relations.
- The Senate should focus on the training of its
officials to become the expertise on socio-economices and culture in
order to provide research services to specialized commissions and
senators.
3. 6 The Senate with reputation in implementing
international relation
- The Senate should actively contribute to the
promotion of national interest and reputation in regional and
international framework through building good bilateral relation
between parliaments of friendly countries, and multilateral relation
under the framework of Inter Parliamentary Union (IPU), ASEAN
Inter-Parliamentary Association (AIPA) Association of Francophone
Parliaments (APF) and other organizations.
- Through the good cooperation and broader openness,
the Senate should put more effort in exchanging experiences in
parliamentary affairs, and attract support and assistance in order to
achieve quick institutional development.
- The Senate should gain fruitful relationship with
friendly Embassies and international organizations accredited in
Cambodia. The Senate should prove its responsibility to encourage the
good cooperation especially good relationship with development partners
who have been helping or come to help the Senate.
3.7 Vision of the Senate
For the next ten years, the Senate's vision would be
to achieved the following expectations:
- The Senate operates in conformity with the
democratic parliamentary standard and being a good partner of other
democratic parliaments in the region and the world over.
- The Senate fulfills its main role as representative
of the Commune/Sangkat Councils, being the driving force to insure the
success of the implementation of decentralization and deconcentration
policies and all-field development of Commune/Sangkat Councils
- Members of the Senate achieve their three roles:
legislation, oversight and representative.
- Specialized commissions achieve their three roles
as a real Mini-Senate: legislation, oversight, and information.
- The General Secretariat gains full capacity in
services in all fields and expertise to the institution of Senate and
senators through the administrative system of modem parliament and
equip with modem IT system.
- Officials and staff of the General Secretariat gain
knowledge and all kinds of expertise and high capacity in foreign
language who can provide necessary services with quality and
efficiency.
In order that the said vision can yield concrete
result and success, the Senate should have a mechanism of potential
institution by putting efforts in creating:
- Legal Center: to be a strong base for legislative
work
- Information Center: be a strong base strengthening
and developing public relations
- Center for Budget Development and Monitoring: to be
the strong base for monitoring government's works
- Center for Socio-Economic-Cultural Research: to be
the strong base for the work of Specialized Commission
- Modem library: to be the strong base for research
services
- Regional Offices: to be the strong base for
strengthening representative work
- Parliamentary Center: to be the brain and insure
sustainable institutional development Our Senate is looking at an
optimistic vision which bears the hope that the Cambodian Parliaments
will reach a system of Equally Bicameral which opens two-door options
for the government to either send a bill to any Chamber for initial
adoption.
4-Activity Plan
According to the Strategic Principles and Activity
Plan for Strengthening of the Capacity of the Senate, and the General
Assessment done in March 2006, there are facts which demonstrate that
in Cambodia there all indicators which lead to a strong commitment on
the principle of good governance and the rule of law through effective
capacity strengthening of the Parliament. There is recognition that to
make the Senate's operation effective there need to be a strong
commitment from the Senate and participation from development partners.
Based on broad consultation, the Senate has developed this strategic
plan which contains not only short and medium, but also long term
prospect.
The Senate has determined this strategic plan based
on new study, assessment and broad consultation.
In fact, to modernize the Senate, there is need to
be active support from development partners for at least 10 to 15
years.
The following activity plan was developed based on
joint consideration of the Senate and representatives of UNDP,
CIDA-CCLSP, Konrad Adenauer Foundation, and other organizations whose
works involved with the Senate since its establishment in 1999.
The Senate has the good will to put forward the
following activity plans:
Short-term activity Plan (2007-2009)
In the short term, the strategic principles of the
Senate should focus on the amelioration of the three roles-legislative,
oversight, and representative. Along with this, the Senate has taken
into consideration of strengthening human resources and institutional
development in order to help increase the capacity of the officials in
response to the huge need of members of the Senate. In this context,
the Senate has got through a thorough thinking and created activity
plan and set priority for a number of work to be implemented for the
short-term. The implementation of this short-term activity plan should
be done in various stages in accordance with the capacity of the Senate
and the assistance from development partners.
1- Strengthen the role of the Senate
A/ Strengthening legislative role
- The Senate should cooperate with the National
Assembly and the Royal Government in order to develop an annual
legislative program and schedule. The Senate and each specialized
commission should develop weekly, monthly and yearly legislative
program and schedule.
- Members of the Senate will receive experiences on
the participation of examination of the bills and proposals through
consultation, recommendation and the development of the rule of
procedures.
- In development of the role of the specialized
commissions on the process of examination and analysis of the bills and
proposals, there need to be adequate resources such as data, reference
documents and research.
- The specialized commissions will get adequate
knowledge and techniques in reviewing the bills and proposals from
experts such as advisors, university professors, representatives of
civil society, national and international organizations.
- Members of the Senate should establish constructive
discussion with the Executive on any agendas relating to the bills and
proposals.
- The communication of information from the
commissions to other members of the Senate should be organized through
report on the examination of the bills and proposals which should be
published and distributed on time.
- Bulletin of the Senate specialized commissions
should be regularly published the important information relating debate
of the bills and proposals included in the agenda of the plenary
session.
- Procedure for floor debate and adoption of the
bills and proposals during the plenary session of the Senate will be
ameliorated.
- The Senate participates in the process to ensure
the use of proper Khmer language in laws of the country and the
consistency the State legal system.
- Law shall be taken into consideration of gender
sensitivity, special attention on the particular interest of the
regions and other social circles of the nation.
- Law on Congress between the Senate, National
Assembly and the Autonomous Budget of the Parliament will be
adopted.
- The Senate should increase its capacity to take
charge of the bills relating to decentralization, deconcentration, and
Commune/Sangkat financing.
B/ Strengthen the government oversight/monitoring
role
- Through the specialized commission, the Senate
should monitor the development of regulations developed by the royal
government in order to implement the law in force.
- Members of commissions specialized in finance and
banking should monitor the implementation of the budget adopted by the
National Assembly.
- Help ameliorate techniques in raising questions
(written and verbal questions) in monitoring law enforcement and
implementation of government policies.
- Development of the role of government oversight for
the specialized commissions.
- Development of the capacity in information
collection and investigation by the specialized commission through
hearing and visit to the locality.
- Regular talks will be established between line
ministries and the specialized commissions on the implementation and
the coming into force of all laws (including budget law) adopted by the
Parliament.
- The Senate raises questions through public hearing
or going for sight visits if the Senate considers it as necessary.
- The specialized commissions of the Senate increase
official visits to the ministries, departments, municipalities,
provinces in order to collect information, investigate, evaluate and
provide recommendations to the royal government on issues of
sensitivity and actuality.
C/ Strengthen representative role
- Specialized commission may organize and manage
public hearing on bills and proposals outside the Senate to provide
opportunity for the citizen to contribute ideas and express their
concern relating to the bill or proposals.
- Amelioration of the publication of laws adopted and
promulgated for better dissemination to the citizen.
- The Senate organizes the public meeting with civil
society and the general public on some important laws.
- Increase the relationship between members of
Senate, the citizens and Commune/Sangkat Councils in the regions.
- Establish formal coalition between the Senate and
NGOs, civil society, National League of Commune Sangkat Councils,
National Association of Commune/Sangkat Councils in provinces and
municipalities.
- The Senate should contribute to the Commune/Sangkat
Council to make sure that new roles and duties assigned from the State
to the localities, as defined in the laws, will be attached with
additional resources and appropriate measure so that they can
effectively fulfill their individual responsibilities.
- Establish larger communication strategy and develop
public relations efforts (through information dissemination,
website-media, radio and TV programs).
- Cooperate with Ministry of Education Youth and
Sports to organize and create school curriculum on the role of
Parliament and the representative role in a democratic society from
secondary, level education.
- Organize visit to constituency and visit
commune/Sangkat councils. In the future, Senate will organize visit by
students in regions to come to the Senate and organize member role play
(Youth and Children Senate). A study should be conducted to consider an
expenditure item for meeting with voters (Electorate Allowances), and
another budget for contribution to the development of Commune/Sangkat
Councils, the case happened in other parliaments.
- Organize seminar on legal opposition views in order
to provide benefits to all who involve in politics. This type of
seminar may also have participation from the members of the media.
- Broad dissemination of the daily order of business
of the Senate.
- The Senate develops and creates a strategy to
broaden relationship with the citizen.
- Establish regional offices to provide effective
support services to the members of the Senate at the local level.
- Organize joint forum between the Senate and the
National League of Commune/Sangkat Council once a year in the Senate's
compound, and Organize joint forum between senators in various regions
and Association of Commune/Sangkat Councils at least once a year in
regions, provinces or municipalities; in order to increase
communication, working relations, and good mutual cooperation. This is
a forum for sharing information and contribution to the resolution of
problems at the local level.
- The Senate should contribute to the local
development especially the implementation of "One Village One
Product" Policy by organizing, in the Senate's compound, the
annual Exhibition of People's Achievement in Commune/Sangkat Councils
throughout the country, in order to encourage citizen in villages,
communes and Sangkats. In this objective, the Senate can organize
market stalls to sell local handicraft product, souvenirs in the
Senate's compound for foreign guests and public citizen to prove the
connection between the Senate and the collective territory throughout
the country. All souvenirs used by the Senate are all the local
products.
D/ Procedure on the review of Bills and Proposals
- Format and the substance of the Bills and Proposals
shall be examined by the Senate.
- Before adopting a new law, the Senate should
discuss with the royal government (line ministries) on purpose,
expected outcome, value, level of importance, and the impact on
citizen, regions or Commune/Sangkat Councils.
- Procedure to review the bills and proposals
includes consultation by the Senate with civil society organization,
practitioners and other stakeholders. The specialized commissions play
an important role in this process.
- Procedure on review of the bills and proposals will
be recommended by experts and senior advisors.
- Proceeding of the Senate shall be recorded in the
minute timely and distributed to all members.
- Specialized commission should add more work in the
review of bills and proposals which bear urgent characteristics.
- Procedure on examination of the bills in plenary
session should be defined perfectly : total agreement of the bills
without amendment, request some amendments to the National Assembly, or
total dismissal should be clearly specified with conditions such as:
a- Total agreement without amendment can be done
through three formats: without opinion, with opinion, or with attached
recommendations.
b- Request to the National Assembly to make some
amendments can be done in three formats: without opinion, with opinion,
or with attached recommendations.
c- Total dismissal can be done in three formats:
without opinion, with opinion, or with attached recommendations.
d- The fact that the Senate have not made any
recommendation to the bills at a defined timeframe should be clearly
specified with conditions such as:
- d. 1 bill is urgent or too long (tens of chapters
or hundreds of articles) that the specialized commission does not have
enough time to review
- d.2 bill does not contain complete format (lack of
reference documents such as statement of purpose, typos, or skipping
articles)
- d.3 author of the bill does not come to defend the
bill in front of the commission on time
- d.4 the Permanent Committee is not able to convene
its meeting (because of lack of quorum) to assign the bill in the
agenda of the plenary session
- d.5 or other conditions
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