Kingdom of Cambodia
Nation – Religion – King
SENATE
Five Year Strategic Plan of the
Senate of the Kingdom of Cambodia
2003 – 2008
September 2003
Funded by UNDP
FOREWORD FROM THE PRESIDENT OF THE SENATE
After
its formation in 1999, the Senate increased and expedited its activities in
order to be consistent with the continuing trend of democratic pluralism in
the Kingdom of Cambodia. The historic shift from a mono-cameral to a
bicameral system made a significant contribution to the strengthening of
political stability, national reconciliation and social democratization that
are recognized as the foundations for socio-economic development in the
Kingdom. These are the essential pillars for supporting various reforms in
the framework of a rule of law and the integration of Cambodia into the
region and wider international arena.
Although the Senate faced a number of difficulties in its early formation, the Institution has contributed to the development and strengthening of the Kingdom’s legal system and has built an institutional status and identity as the supreme national body responsible for the Nation and its citizens. Within this context, the completion of the ‘Senate’s Five-Year Strategic Plan’ has created a guiding light and a renewed optimism for the success of future achievements for the Institution.
Implementing this strategic plan, first of all, requires a collective responsibility, commitment and willful participation of all those people involved in order to demonstrate real ownership and commitment to its success. We also need to ensure broad cooperation with Ministries, Institutions, Non-Governmental Organization, Civil Society, International Organizations and Parliaments of friendly countries to share experiences and provide us with necessary capacity building assistance in order to make this strategic plan succeed.
The Senate hereby expresses its strong desire that our local and international partners will continue to provide their valuable assistance and support for the Senate of the Kingdom of Cambodia to help us achieve the successful implementation of the goals identified in this strategic plan.
The Senate would like to extend its profound gratitude to the United Nations Development Programme (UNDP), Cambodia-Canada Legislative Support Project (CCLSP), Konrad Adenauer Foundation (KAF), Inter-parliamentarian Union (IPU), the Senate of the Republic of France, and the Australian Center for Democratic Institutions (CDI), which have been key in providing human resource development so crucial to the needs of the Senate of the Kingdom of Cambodia.
Phnom Penh, August18th, 2003
CHEA SIM
PRESIDENT OF THE SENATE
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FOREWORD FROM THE SECRETARIAT GENERAL OF THE SENATE
***
The Senate’s
‘Five–year Strategic Plan
(2003-2008)’ is a great and significant achievement resulting from
collaboration between the Senate’s Commission for Strategic Planning, the
Cambodia-Canada Legislative Support Project (CCLSP), and the United Nations
Development Programme (UNDP). This achievement reflects the collective
intelligence of the Senate following its practical experience of working
towards fulfilling its constitutional mandate. During the past five years
(1999-2003), we have tried to overcome several obstacles and difficulties to
maintain our position and move towards a prosperous future with professional
dignity and honor.
In the preparation of this strategic plan, we have paid particular attention to developing management processes, systems and procedures that conform to standards used by other well functioning democratic institutions. This strategic plan outlines the vision and specific goals to be implemented by the Senate in the short, medium and long–term future.
implementing this strategic plan requires our readiness to be flexible, adaptable, dynamic and creative in order to be consistent with the economic, social, cultural and new democratic pluralism that is being progressively implemented in the kingdom.
Regular monitoring and examination of the progress of the strategic plan will help respond to the new phases and needs of the Institutions development. Paying attention to results and progress in implementing activities shall be accompanied by concrete - improvements and a new direction to help identify new priorities, decrease negative loopholes, and mobilize the Institutions synergy in order to ensure the coherent, specific, timely and successful implementation of this strategic plan.
The General Secretariat of the Senate hereby dedicates this Strategic plan as a guiding light towards our prosperity, hope and future of us all.
Phnom Penh, August 18th, 2003
SECRETARY GENERAL OF THE SENATE
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1. Introduction
This strategic plan reflects the collective work and achievements of the whole senate Institution following a five-year period of work (1999 – 2003). In the making of this plan, many obstacles and challenges were successfully overcome. In doing so, the senate have developed the means to become masters of their own destiny and shape the future of their work to better represent the people of the Kingdom of Cambodia.
The plan describes how the General secretariat of the Senate proposes to work more effectively in order to support the Senate in performing its duties as defined by the constitution of the Kingdom of Cambodia. The plan identifies and addresses the important issues that the Senate and Secretariat need to deal with in order to develop and provide systematic working procedures and practices that meet generally recognized standards for a democratic parliament.
An important feature of this strategic plan is accepting the need for flexibility in approaches, and to be able to adjust to changing circumstances as they arise. As a result, this plan will need be updated and reviewed on a regular basis to respond to the changing needs of the Senate and the General Secretariat; and also to the changing political environment. Throughout the course of implementing this strategy, the progress being made will be closely monitored as a way of helping judge the impact the overall plan is having on the work and practices of the Institution as a whole.
In this plan, the Senate and General Secretariat has set itself some ambitious targets, and this is reflective of the improvements that the Institution wishes to make in its work. With careful planning, the right support and adequate resources, it is hoped that these steps will help the Institution progress to better represents and serve the people of the Kingdom of Cambodia.
2. The Senate of the Kingdom of Cambodia
2.1. Background
Following the result of the UNTAC organized general election of May 1993, a Constitutional Assembly was inaugurated on 14 June 1993 under the highest Royal Chairmanship of His Majesty King Norodom sihanouk – the master of national reunification and reconciliation and the President of the supreme national council.
On 30 June 1993, the Constitutional Assembly prepared a draft Constitution for the Kingdom of Cambodia. This equipped the Kingdom with a constitution Monarchy, and established that the Government of Cambodia Should function within a framework of a parliamentary democracy.
Following a meeting of senior officials of the two main political parties between 12 and 13 November 1998, chaired by His Majesty King Norodom Sihanouk at the Royal Palace, the Senate of the Kingdom of Cambodia was formed. This newly established Institution was born in an attempt to end the political crisis, promote National reconciliation, and strengthen political stability.
The formation of the Senate was an important political event in the history of Cambodia. It signaled a new light for the future of the country by creating a climate of political stability and demonstrating a continued commitment towards democracy and the establishment of law in the region. In accordance with the Constitution of the Kingdom of Cambodia, the Senate opened its first session on 25 March 1999.
2.2. The Senate Today
The Constitution of the Kingdom of Cambodia2 other outlines the Articles governing the Senate and requires the Senate to have no more than half the number of Members of the National Assembly3. In its current form, the Senate consists of sixty-one senators from the following political parties:
· Cambodian Peoples Party -31 senators
· FUNCINPEC -21 senators
· Sam Rainsy Party -7 senators
· The King’s Representatives -2 senators
Of the 61 senators, nine are women.
A President, who is assisted by two Vice-Presidents, leads the Senate. When the President acts for the King as Head of State in the capacity of ‘Regent’4, or is unable to perform his normal duties, the Senate First Vice-President assumes the role and responsibilities as Acting President of the Senate.
The first legislative term of the Senate was five years, however, future terms will last for a six year period convening for two sessions a year ( with each session lasting for at least three months). In between sessions, the Senate Permanent Committee manages the work of the Senate. The Permanent Committee of the Senate consists of:
· The President of the Senate
· Two Vice-Presidents of the Senate
· Chairpersons of the nine Commissions of the Senate
In order to carry out its roles and duties effectively, the Senate has established nine commissions. These are:
1. Commission on Protection of Human Rights and Reception of Complaints
2. Commission on Finance and Banking
3. Commission on Economy, Planning, Investment, Agriculture, Rural Development and Environment
4. Commission on home Affairs, National Defense, Interior, Investigation and Anti-Corruption
5. Commission on Foreign Affairs, Information and Propaganda
6. Commission on Legislation
7. Commission on Education, Religious Affairs, culture and Tourism
8. Commission on Public Health, Social Actions, Labor and Women’s Affairs
9. Commission on Public Works, transport, Post and Telecommunications, Industry, Energy and Commerce.
The work of these nine commissions mainly focuses on legislative work and reviews the draft legislation of the National Assembly and other issues forwarded to them by the Permanent Committee. The commissions also consider complaints brought by citizens; which are referred to competent Institutions for settlement and followed up by the Senate at a late stage. In certain cases, the relevant Commission will go to the scene of the dispute or complaint and conduct its own investigation in an attempt to discover the cause of the conflict.
2.3. The roles and duties of the Senate
The Senate, along with the National Assembly, combine to form the Nation’s legislative body (The Cambodian Parliament) with each playing an important role in the social democratization process and establishing the rule of law in the Kingdom of Cambodia. An important function of the Senate is in its contribution to the stability of the Nation’s political life, and the role it has in strengthening and improving national reconciliation and helping the country to develop more prosperously.
The Senate has three key functions. It has a:
· Coordination Function
· Refinement Function; and a
· Provision of Alternatives Function
These three functions are described in more detail below.
2.3.1 Coordination Function
This broad function relates to stabilization of the nation’s political life during times of peace or crisis. The Senate’s role in the situation is dependent on the prevailing circumstances in Cambodia or overseas, and takes account of all aspects of the Nation’s life and interests in the broadest sense, including its many social situations. In undertaking this function, the Senate plays an important advisory role in the political, social and legal sphere by taking into account the interests of the people it represents and attempts to balance the interests of its citizens, civil society, social groupings and other countries within the region.
2.3.2. Refinement function
This important function relates to legislative process and is aimed at improving the quality of the laws and legislation which has already been drafted by the royal Cambodian Government and reviewed by the National Assembly. This improvement role focuses on the efficiency, quality and value of draft legislation, and takes into account issues such as the strengths and weaknesses of draft legislation and the impact it will have when finally passed. Much of this role is detailed in Article 113 of the amended Constitution.
2.3.3. The Provision of alternatives
This function requires the Senate to support the Royal Cambodian Government and the National assembly by helping choose legislation that is relevant, concise, and in the interests of all Cambodia’s citizens and civil society.
The extent of the above three functions outlines the extensive scope of the Senate’s activities, and the important role it has to play in the everyday lives of Cambodia’s citizens and the workings of the state. This is a role that carries considerable responsibility and is both a long- term and in-depth one, which requires a mature and experienced understanding and outlook on political life in Cambodia. The Senate undertakes this essential function thus helping society avoid crises whether large or small, and ensuring there is political stability in the country.
2.4. The Senate’s Achievements
Since its formation, the Senate has performed its duties with a sense of accountability and responsibility, it has responded to numerous issues that govern the state and impact on its economic and social well being, both at home and in the regional and international arena. As part of its main legislative function, the Senate has reviewed and made recommendations on the draft laws referred to it by the National Assembly and has in the spirit of dynamic pluralism, expressed disagreement with the lower house when necessary. The Senate has also made numerous recommendations during plenary session with particular regard to issues of accountability and transparency in the management of the legislative process. The Permanent Committees have performed many tasks, ranging form determining the role, duties and responsibilities of the senate’s nine commissions; to general policy matters that govern internal Rules of Procedure; draft laws on the Election of Members of the Senate; and establishing policies for raising funds from abroad.
The Senate has received good support for its work from organizations such as the United nations Development Programme (UNDP); Cambodia Development Resource Institute (CDRI); Cambodia-Canada Legislative Support Project (CCLSP); Konrad Adenauer Foundation (KAF); French Senate; Center for Democratic Institutions (CDI); and the UNDP funded Inter-Parliamentary Union (IPU). This support has enabled the Senate to improve its ability to make laws and enhance legislative works, with the view of promoting democracy and good government in the Kingdom of Cambodia.
2.5. The Senate’s Challenges
Although much good work has been done, the Senate faces some key challenges in the future. The main challenges are to improve its contributions as both a legislative body and as coordinating mechanism. Each of which is discussed in more detail below:
I. Contributions as a legislative body
Improving the Senate’s contributions as a legislative body is necessary to enhance the democratization process and the rule of law in a framework of good governance and transparency. There is a need to ensure that the laws adopted are good laws; that they are to a regionally acceptable minimum standard; and are consistent within a more unified system. There is also a real need to ensure that the role of women in society is better represented at all levels.
II. Contributions as a coordination mechanism
Improving the Senate’s contributions as a coordinating mechanism is necessary in order to strengthen social stability and reconcile crises peacefully when they arise. This relates to the need to apply the laws that are in force, which will ensure confidence, continuity and normality in every day social life.
The two ‘contributions’ detailed above combine to form the key goals and priories of the Senate.
2.6. The Senate’s Goals
During the period of this strategic plan the Senate specifically aims to achieve the following goals:
· Actively encourage public input in reviewing draft law and proposed policy; and raise public awareness on the role of the Senate.
· Focus on reforming every aspect of the administration of the state, society and the economy, and to help it become efficient, fair, accountable and transparent.
· Ensure that there is strong and just legal system; and a balanced separation of powers between the Executive, the Legislative, and the judiciary: and that there is decentralization of power to local administrations.
· Promote the involvement of women in all aspects of political life.
· Ensure the Kingdom of Cambodia complies with its obligations as a member of organizations such as the United Nations, ASEAN, and world Trade Organization.
· Uphold the principles of democracy, human rights, and basic freedoms of the people to enhance development of the country in all its areas, leading to growth, progress and prosperity in a peaceful environment.
To achieve these goals the Senate must develop a strong base of intellectual and human resource expertise; and also acquire the necessary equipment and technology in order to help it perform its role efficiently and effectively. This will allow the Senate to become self-reliant in developing plans, projects and policies, thus ensuring it succeeds in its mandate as set out in the Constitution of the Kingdom of Cambodia.
There is also the need to build capacity of senators on the whole legislative process, so that their work, and that of the nine commissions is strengthened. There is a need to increase abilities to initiate legislation; make recommendations on draft laws and proposals; hold constructive informed debate during plenary sessions; monitor law enforcement; implement the internal Rules and Procedures; and develop the ‘law on Codification’.
The Senate’s support vehicle for helping achieve these goals and priorities is the General Secretariat of the Senate. The role of the General Secretariat is described below, and the actions that need to be taken by the Secretariat to support the Institution in achieving its overall goals are detailed in Section 9.
3. The General Secretariat of the Senate
3.1. Role of the Secretary-General and General Secretariat
The Secretary-General acts as Chief Executive of the Senate Administration and directs all the services that are provided to both the Senate as an Institution, and to its Members. The Secretary-General operates under the direction of the Permanent Committee and has overall responsibility for the work of the General Secretariat.
The Secretary-General and his deputies are appointed by Royal Decree at the request of the President of the Senate. Currently, the Secretary-General supervises Legal Council, General Inspection and three departments. These are the:
· Administrative Department
· Financial Department
· Legislative Department
In addition to these departments, the Secretary General supervises two offices; the protocol Office, and the Technical Office.
The General Secretariat supports the work of the Senate by providing it with services related to:
· Administration
· Procedure
· Security
· Finance
· Technical affairs
· Protocol
· Public and international Relations
· Library and Research
Through these services the General Secretariat helps the Senate to function in accordance with the Constitution and the Senate’s own internal Rules of Procedure.
The Secretariat has responsibility for coordinating and managing the numerous activities of the Senate, and acts as a mechanism that ensures continuity of the
Senate’s work from one legislature to another. These activities in include organizing meeting, work schedules and plenary sessions of the senate and Permanent Committee. They involve:
· drafting the annual budget for the Senate
· managing and developing its human resource
· maintaining the Senate’s assets
· Securing and developing public relation between the Senate and other Institution including ministries, provinces and municipalities, and civil society
· developing and improving international relations
· Providing the Senate with all other necessary services to help it perform its duties efficiently and effectively.
All civil servants working in the Senate General Secretariat are required to perform their in duties in a non –partisan way abide by the internal rules and regulations governing the conduct of servants.
3.2 Staffing profile of the General Secretariat
The staff of the Senate General Secretariat consists of 305 employees. A few of these had previously worked for the National Assembly and were reassigned to work at the General Secretariat of the Senate on its formation. In the current situation the employees categorized as follows5:
303 officials and support staff (208 men and 95 women) of permanent status 2‘floating’ non-permanent status staff
Appendix A shows the structure and staffing positions of the Senate General Secretariat.
4. The General Secretariat’s Mission
the General Secretariat’s mission is support the Senate in achieving its mandate as defined by the constitution of the Kingdom of Cambodia to an acceptable parliamentary standard, and in doing so, uphold true democratic principles to the best of its ability.
To achieve this mission, the General Secretariat recognizes the need to call on professional technical expertise and material assistance from partners (National and International) in a number of key areas-primarily relating to the development of human resources. Specifically, the need to increase capacity aimed at achieving more effective procedural and legislative work of the Senate and its commission, and the development of staff capacity more generally in working within a parliamentary system.
5. The current potential to develop and improve services
5.1 Staff competence and capacity
the General Secretariat of the Senate started its work in 1999 and was required to develop all its human, technical, material and administrative resources with a staff of limited professional experience that mainly came from the National Assembly. Since that point, staff and officials of the Secretariat have worked hard in an attempt to demonstrate accountability in their work, develop their human resource capacity and provide a satisfactory level of service to the Senate. With support from partner organizations General Secretariat has overcome some of its management difficulties and steadily improved staff capacity.
The Secretary-General and senior managers are supportive of staff training and development, and in recent years approximately 50% of officials have participated in different training programs specifically designed to improve professional competence. These training initiatives fall into three broad categories: training abroad; in-country training; and in-house training. Each of these is described in more detail below.
5.1.1 Training abroad
Training and study tours abroad have been designed a useful away of helping the Secretariat staff gain direct experience of work in countries with more developed parliamentary systems and processes. Short-term training tours have been made to France, Singapore and Japan: with longer-term training tours being made to Australia, Japan and New Zealand. Study tours to visit Senates in overseas countries have included France, Laos, Thailand, Sweden, the Philippines, Vietnam and China.
5.1.2. In-country Training
In-country staff development programs aimed at building the expertise of staff in administrative and legal fields has included training at the Royal public Administration School and legal training provided through the Konrad Adenauer Foundation. Other in-country training programs and initiatives have provided training in a variety of topics such as library services, secretarial skills and foreign language courses (English and French).
5.1.3. In-house Training
In-house training has largely consisted of building staff capacity and as understanding of the Internal Rules of Procedure, Constitutional Law, Commission service and aspects of good governance. More general in-house training has focused on administration, library management, computer skills, secretarial skills and English language and translations skills.
These capacity building projects in particular the five-year Canada-Cambodia Legislative Support Project and the three-year United Nations Development Programme emphasized developing staff capacity and competencies more generally under a framework of cooperation with organization such as IPU, CCLSP, KAF, and CDI; and an especial contribution being made by the French Senate.
Generally speaking, these training initiatives and capacity building programs have yielded good results and have helped the General Secretariat respond to the needs of the Senate in the best way possible. Despite these efforts, however, there is the potential to improve services and this is discussed in more detail in Section 6.1.
5.2. Buildings and facilities
The Senate and General Secretariat generally have good and adequate buildings:
and staff have sufficient facilities in which to conduct their work. Recently, twenty-one buildings were repaired and improved. Five new buildings have been built including the Senate meeting hall, and all buildings are sufficiently equipped with electricity and air conditioning units. the general infrastructure of the Senate site – its water supplies, drainage services and road network – have all recently been upgraded.
In terms of facilities, the General Secretariat has a good range of office equipment that includes almost 200 computers and 30 photocopiers of varying sizes. All of these features have enabled the Senate to conduct its affairs and business in a smooth way. There is, however, a need to maintain and repair buildings, and to update computer systems as older technology becomes progressively obsolete.
5.3. Public Consultation and information Dissemination
Senators and the Senate commissions have contributed to the strengthening of civil society by engaging in discussions and exchanges of ideas with international and local non- governmental organization (NGOs), associations, civil society groups, and government ministries on draft and proposed laws and other issues; all with a view to encouraging closer collaboration on the roue of law in the Kingdom of Cambodia. Many senators have participated in national and international conferences held both in the capital city, Phnom Penh, and in the provinces. the Senate participates in key national days, such as Human Rights Day (10th December) and International Women’s Day (8th March) as a way of demonstrating a commitment to democracy, human rights and the rights of women and children.
There has been god development of the
democratisation process of the Senate by enabling debate to take place in
the plenary sessions, and the live television coverage of these debates is a
good evolution in the promotion, transparency and accountability of the
workings of senators. The Senate has also made a considerable effort to
respond to and resolve people’s complaints, and the good results from these
efforts has meant the people of Cambodia are developing
more confidence in the workings of this new legislative Institution.
5.4. International Relations
The Senate has been active in establishing good international relations and strengthening co-operation with other friendly countries, in particular, bilateral cooperation with other legislative bodies. The importance of this is demonstrated by the positive influence this has had in strengthening and extending the foreign policy of the Kingdom of Cambodia within the region, as well as in the wider international arena.
In addition to a mutual exchange of delegations with other friendly countries, the Senate participates in events and meetings organized by the:
l International Parliamentary Union (IPU)
l Asian Inter-Parliamentarian Organization (AIPO)
l Asia Pacific Parliamentarian Forum (APPF)
l Association of Asian Parliamentarians for Peace (AAPP)
l Assemblée Parlementaire de Francophonie (APF)
International relationships such as these facilitate the exchange of ideas and knowledge, and allow the Senate and General Secretariat to learn about good practice from other Institutions.
6. Obstacles to the development of effective quality services
6.1. Human Resource Management and Development
As is similar practice elsewhere in the Cambodia civil service, many of the staff appointments to the Secretariat have been based on party political quotas. Furthermore, many of the new employees to the General Secretariat are recently graduated students. Both these situations has resulted in many staff positions being filled by individuals who do not necessarily have the knowledge, skills and experience to adequately carry out their roles and responsibilities, and this has placed a heavy burden on the Secretariat when attempting to perform its duties and manage its overall work.
In an attempt to overcome this difficult situation, the General Secretariat adopted a working practice of ‘coordinating, developing, directing and closely supervising’. This practice was designed to help overcome many of the problems described in the Section, and as a means of temporarily avoiding serious human resource and management issues. However, the General Secretariat recognizes this measure is far from ideal and that the situation must improve in other to respond to the new challenges which lie ahead.
The difficulties
described above has resulted in skill shortages in areas such as
managements of human resources, legislative analysis expertise,
administration, communication, report writing, edition and conduction
research. Despite some
improvements in these areas, a significant gap still exists in employees’
capability to perform their role and responsibilities according to normal
expectations; much ‘on the-job training’ is required to help these now
employees develop their skills and experience. Furthermore, staff have yet
to approach their work in an ethical way.
Although management capability has improved in recent years, there is little in the way of effective communication or exchange of information that allows staff to learn from experience. Monitoring the productivity of work also needs to be improved and mechanisms for effective monitoring and evaluation need to be built into everyday working practices.
The General Secretariat recognizes that implementation of human resource policies or procedures to guide managers in managing their employees have slow. And staff also have a limited understanding about their own duties and areas of activity, as will as the roles and responsibilities of other staff members. The recruitment of women staff to the Secretariat has not reflected the spirit of gender equality and addressing this latter point is of particular importance if the Secretariat is to demonstrate its commitment to addressing this imbalance.
The ‘Law on Statute for Civic Servant of Legislative Group’6 has been recently adopted by Parliaments, but detailed specific regulations have not yet been developed. Another factor that hinders effective performance, like elsewhere in the Cambodian civil service, is that salaries for civil servants are low and do not reflect the economic realities of living in Cambodia today.
6.2. Information Services
Disseminating information relating to the activities of the Senate and creating as Institutional ‘identity’ is an important task for the Senate and General Secretariat. However, this has not been as easy task mainly due to a lack of the necessary ‘information Technology’ and appropriate financial resources that would allow the effective dissemination of information to the public throughout the Kingdom. The senate publication, aimed at providing information on the procedural workings of the Senate is somewhat limited in scope. The publication is produced regularly but provides little detail about the legislative activities of the House. These constraints are mainly due to the limited funds and technical support necessary to widely produce and distribute information.
As previously referred to in Section 6.1 many staff lack any experience of how a modern parliamentary system functions and consequently there is a lack of useful documentation specifically designed for senators, staff and the public on the various working aspects of the Senate. Furthermore, new senators elected to Parliament will find little relevant literature to induct them in the workings of the parliamentary system, or any information that clearly describes the roles and responsibilities of various departments, committees and other relevant procedural functions. There is a need to improve the production of Parliamentary records and develop ways to improve public assess to these records.
6.3. Support service to the Senate
The support services provided by the General Secretariat to senators, such as research, documentation and library services needs to be improved. In the current situation, the assistants to the commissions do not have adequate experience to carry out these tasks efficiently or effectively. The scope of the work of the commissions is still very broad and the allocation of work responsibilities in supporting these is still not yet well balanced. An analysis of the impact that draft laws are likely to have is limited, and not all aspects of the law are considered in sufficient detail that is necessary for a thorough review.
The Internal Rules that detail the correct procedural work for General Secretariat staff are not yet completed. The Constitution also contains some ambiguities about the role and responsibilities of senators and the Senate, and this too has caused a lace of clarity when trying to provide effective support service to the upper House. The current way of working without any advanced agenda slows the work of the Institution, and the procedures adopted for commission and plenary session debate is still far from acceptable in modern democratic parliaments. As a result, the non-comprehensive work conducted at commission level has meant that the work at the plenary level is considerably delayed.
A further difficulty relates to a lack of clear understanding amongst staff as to roles and responsibilities, and also the level of legal expertise and adequate supporting research available to aid the work of commissions and plenary sessions. This lack of expertise and support means commissions find it difficult to initiate and review legislation and the performance of the commissions is not as effective as it should be.
6.4. Public and International Relations
Consultations between the commissions and civil society are not yet considered satisfactory. There is a lack of communication with civil society groups generally, and there is no systematic means of undertaking official consultation exercises. The main reason for this is because the General Secretariat does not possess sufficient public relations expertise and experience. This situation is made more difficult as there are no effective means for senators and the commissions to communicate with people in the provincial, municipal or rural areas – despite the Senate being required to establish closer relationships with representative at the commune council level following the 2002 council elections.
Improving relationships with local and international NGOs, associations, civil society group, government ministries and ambassadors from other countries is important if the Senate is going to gain more support in conducting its affairs. This extends to the need to strengthen relations and broaden activities with international Institutions more generally. And although the Senate has good relations with some foreign parliaments, there is still a need to increase its cooperation with the Asian Inter- Parliamentarian Organization (AIPO), the Assemblée Parlementaire de laFrancophonie, Inter-Parliamentary Vnion (IPU), Regional and internal organizations and other bilateral parliamentary organizations from friendly countries as a means of sharing experiences and gaining future support.
An additional issue is the need to coordinate effectively with the National Assembly to ensure the work of Parliament is consistent in representing the Kingdom of Cambodia at regional and international forums.
6.5. Information Technology
The senate and General Secretariat are similar to other Parliament throughout the world in the sense that they rely very much on the effective collation and dissemination of information, in which technology plays an important role. Although there is a sufficient number of individual computer work stations (almost 200), the General Secretariat lacks a proper up-to-date network connecting its own work and that of the commissions that allows for the effective transfer and sharing of data. This situation means there is no reliable mechanism for creating or maintaining an ‘Institutional memory’, and no reliable and safe system for storing official documentation or retrieving it once stored.
A small number of computers are connect to the Internet, but there is no general access or use of the Internet system, which would otherwise enhance the effectiveness of work.
7. The Secretariat’s Priorities
The Senate General Secretariat has identified a number of key priorities that will need to be addressed if it is to realize its mission and better support the Senate in the future. These priority areas focus on developing and delivering a more efficient and effective service to the Senate, and are as follows:
l Strengthen the human resource capacity of the General Secretariat and the administrative system so that services are provided in a way which meet the expectations of the Senate.
l Establish and improve relationships with the general public, non-governmental organizations (both local and international NGOs), associations, civil society groups, and government ministries for better law and proposed policy making.
l Broaden activities with international Institutions aimed at supporting the Senate in achieving its overall aims and objectives.
l Upgrade information system, research and library services, and communication technology and techniques to better disseminate information both internally and externally.
l Improve communication with civil society and population as a whole to enable senators to perform their duties more effectively.
These priorities have been developed into a number of goals which are detailed in the section below.
8. Strategic Goals
In order to achieve its mission within a five-year period, the Senate General Secretariat has developed five strategic goals in five program areas. The strategic goals in full are:
Human Resource Management and Development
Program Goal 1:
Strengthen the capacity, professionalism and expertise of non-partisan General Secretariat staff allowing them to meet the expectations of senators and Commissions of the Senate.
Management structure, Systems, policies and procedures
Program Goal 2:
Strengthen the overall structures, systems, policies and procedures concerning the internal workings of the Senate and General Secretariat.
Information strategy and systems
Program goal 3:
Develop an information strategy that includes planning and installing a modern information system and information technology infrastructure.
Information dissemination
Program Goal 4:
Improve the information; research and documentation services of the Secretariat to better communicate the work of the Senate to the public and civil society.
Relations With national and international Institutions
Program Goal 5:
Develop the Secretariat’s capacity to improve its public relations with national Institutions, non-governmental organizations, the public, civil society, the press, foreign parliaments and parliamentary commissions.
In the section below, the strategic goals are presented, and the major activities that need to be taken to achieve each goal are identified. Appendix B contains a log frame type matrix showing goals and activities in more detail.
9. Strategic Goals and Activities
9.1. Human Resource Management and Development
Strengthen the capacity, professionalism and expertise of General Secretariat staff to allow them to fully meet the expectations of senators and Commissions of the Senate
Strengthening the capacity and professionalism of Secretariat staff to deliver satisfactory services to the Senate is an essential feature of this strategic plan. At a general level, capacity needs to be built in terms of overall management skills, however, many of the services that need to be improved are specific. Capacity
building initiative need to be undertaken to improve services in translation and interpretation, recording and transcribing, minute taking, archiving, and communicating with stakeholders (both in English and French). Central to this objective is the need to mobilize donor support for the supply and installation of appropriate systems, and the training of staff in these professional support roles.
Capacity building initiatives also need to be undertaken to improve services and research in documentary support, public relations skill, secretarial work, procurement and legal advice. There is also a requirement to develop capacity in responsible financial management and to ensure a commitment to transparency and accountability in all aspect of the General Secretariat’s work. An important feature of this Human Resource Development and Management goal is to ensure that staffs are appointed and promoted on individual merit, and that staff are assigned to positions appropriate to skill and knowledge.
One specific objective is to train staff in legal expertise. The target identified by the Secretarial is to train nine legal staff, and nine researchers to work with each of the nine commissions; and it is hoped the legal training previously provided through the Konrad Adenauer Foundation will continue. And through the support of CCLSD, IPU and UDNP, it is hoped to provide more training in legal research work. In addition to this training, there is also a desire to develop ten staff who can undertake training of trainers (TOT), with the view passing skill and knowledge onto staff in a systematic way.
An important requirement in being able to succeed in this goal is to have the necessary material resources and equipment to carry out the work.
Major Activities
· Establish standardized job descriptions for all Senate position and a human resources policy that promoted fairness and equality in all appointments and processes.
· Arrange for study tours in foreign parliament, so that staff can learn best practice of other legislatures.
· Take necessary and specific measures to promote and ensure increased participation and the appointment of women in all work activities so there is equality with male staff at all levels and positions e.g. managerial and specialist roles.
· Design and deliver training and development program based on the priority needs of the Senate, General Secretariat, and its commission; and to enhance the capacity and competency of managers, specialists and employees.
· Identify with donor suitable national training course (or overseas course when necessary) for helping the General Secretariat acquire the necessary skill to perform their duties efficiently and effectively.
· Train legal assistants, researchers and analysts to assist senators and commission in executing their legislative responsibilities. Specifically train nine legal and nine research staff to support the commissions; and ten staff to undertake TOT
· Deliver skill-based training to help staff meet their specifics responsibilities (e.g. finance management skill, secretarial skills, report writing, preparation of minutes, computer skills etc.).
· Deliver English and French language training to Members of the Senate and General Secretariat.
· Develop and implement human resource policies and procedures to guide managers in managing Senate employees with respect to the ‘Legislative Civil Servant Law’ and regulation including developing fair, open, competence-based staffing and promotion process.
· Identify with donor, suitable national training courses (or overseas course when necessary) for official translators and interpreters.
· Ensure establish donor support project are effectively coordinated and specifically respond to capacity building needs, and priorities of General Secretariat staff.
· Train legal assistants and analysts to assist Members and commission in executing their legislative review and oversight duties.
· Establish an in-house multidisciplinary team for Human Recourse Development to assess training needs, provide regular training and match in-house training needs, to capacity building available elsewhere, in increase the capacity of officials and support staff of the General Secretariat.
9.2 Management structure, Systems, policies and procedures
Strengthen the overall structures, systems, policies and procedures concerning the internal workings of the Senate and General Secretariat.
Having effective structures, systems, policies and procedures is key to a smooth running Senate. The General Secretariat needs to develop policies and procedures that support the work of the Senate that allow it to go its bossiness in a more effective and efficient way.
There is a need to review the exiting structure of the Secretariat organizational units and adjust them in ways that bring about an improvement in overall functionality, and to develop a more rational mechanism for working. There is a needs to develop policies and procedures relation to salary, incentives and other benefits; as well as effective policy that deals with gender issues in a more concrete way.
Supporting senators to become more efficient in their own work is a key function of the General Secretariat, and number of tasks have already been identified that should be completed as soon as possible, particularly those that focus on enhancing the legislative review process and clarifying the election and roles senators.
Computerizing the internal accounting system to facilitate transparency and establishing a system for conducting internal audits is also an important requirement. At a more basic level, there is a need to prepare background documentation for newly elected senators that clearly describes their role, the working of Parliament, and the services available to them through the Secretariat. The range of needs is broad and the activities have been grouped under a general sub-heading, with the recognition that many are inter-related.
Major Activities
Structure
· Review and update the roles and responsibilities of organization units and adjust Secretariat structures for improved effectiveness and efficiency.
· Conduct a study on the Constitution to identify the ambiguities that relate to the roles and responsibilities of the Senate.
· Undertake a study on the best method to organize a congress between the National Assembly and the Senate.
· Develop a law concerning the ‘election of senators’
· Prepare documentation that clearly describes the role of senators, the workings of Senate, and the services available to them through the Secretariat.
Systems
· Develop a computerized financial management, audit and inventory system.
· Prepare a strategy to introduce a more appropriate recording and transcribing system for plenary sessions and commission, seeking donor support for installation of new systems, and updating of existing systems.
· Arrange for study tours in foreign parliaments, so that staff can learn best practice of other legislatures,
Policies and Produces
· Complete the draft amendment to the internal Rules of Procedure of the Senate.
· Undertake a review of all exiting policies and procedures with a view to determining which need to be review or newly created.
· Update and develop procedures, regulation and policies an issue such as staff recruitment and promotion (with a concern for gender equality).
· Develop simplified procedures and rules, and a denationalization of administrative procedures aimed at improving information flow.
· Establish a process in which senators are supported in their work by helping to organize briefing sessions on social policy matters and draft legislation.
9.3 Information Technology Systems
Develop an information strategy that includes planning and installing a modern information system and information technology infrastructure.
Making better use of information technology is seen as a key means of improving the efficiency and effectiveness of the Senate and General Secretariat’s work. The first step in achieving this aim is to develop a strategy for the installation of a communication system that enables the timely exchange of information, and increases the level of internal networking. Achieving this goal will allow the creation of systems designed to electronically document the working of the Senate through the introduction of electronic catalogues and electronic libraries and support the work being undertaken in Section 9.4 (Information dissemination). Updating and redesigning the Senate web-site is an important means of managing and making available Senate publications both internally within the Institution, and to a wider external audience.
This approach needs to be complemented by developing the capacity of staff in information technology skills in several key areas, specifically those related to making best use of an Internet/Intranet system. Staff also need to be given training in maintaining and repairing office electronic equipment such as computers, printers and photocopiers.
Main Activities
· Undertaken a comprehensive review of the current Information Technology (IT) situation in the Senate in cooperation with the National Assembly.
· Conduct a thorough IT needs analysis relating to the administrative, material and legislative needs of the Senate.
· Develop a short and long term IT infrastructure plan covering the design, purchase, installation and implementation of new systems and obtain donor funding to implement the IT plan
· Undertake a phrased and progressive installation plan focusing on the most urgent IT needs
· Develop and implement an IT training plan that takes into account the need to maintain and repair new system, as well as providing on repairing office electronic equipment such as computers, printer and photocopiers.
· Redesign and update the Senate Web-site.
9.4 Information dissemination
Improve the information, research and documentation services and research of the Secretarial to better communicate the work of the public and civil society.
The capacity to provide documentation, research and information support services to the Senate is of great importance, as the systematic and efficient distribution of legislative information and documentation is a necessary condition for a well functioning Senate that communicates effectively with the population. In order to achieve this, there is a need to establish new information dissemination systems and services, and upgrade those that already exist; and a necessary part of this process is to train staff in operating, managing and maintaining these services once established.
The roles of the library, the Internet/Intranet, mass media, and parliamentary publications skill Hansard will play an increasingly important part in the future of the Senate and Secretariat. The existing Senate library has good potential to become a ‘Recourse Center’, but requires a through feasibility study and subsequent training of staff in appropriate skill to realize this aim. This objective could be achieved through cooperation between the Cambodian Parliament, UNDP, and other partners and donors.
Main Activities
· General own Senate’s printing House the most practical and efficient mechanism for printing official Senate publication (e.g. Hansard, minutes of proceedings) and other documents in a timely way.
· Undertake a feasibility study on establishing a ‘Resource Center’ and measures needed to improve the Senate Library.
· Develop proper archive facilities, an e-catalogue and e-library using literature and materials from local research Institution and train staff in development and use.
· Develop proposals for the establishment of an independent radio/television station for the Senate and seek donor support for the purchase of equipment.
· Train staff in managing, operating and maintaining information dissemination technology and equipment.
· Improve the quality of bulletins so they provide useful information on the legislative process.
· Train ten staff for TOT in information and documentation support services.
9.5. Relations with national and international Institutions
Develop the Secretariat’s capacity to improve its public relations with national Institution, non-governmental organizations, the public, civil society, the press, foreign parliaments and Parliamentary Commissions.
The demand for the Senate to engage in effective public relations work is increasing on a daily basis, and improving relations with all the Senate’s stakeholder is considered one of the Institutions most important goals. In order to achieve this goal, there is a need to develop a number of approaches to ensure that good relationships are developed at all levels of society, including national Institutions, non-government organizations, the public, civil society, the press, foreign parliaments and Parliamentary commission.
Of particular importance is the need top provide staff with training which aims to upgrade their capacity in basic secretarial skills, such as letter and report writing; and information gathering and redistribution. Much of this need is addressed in Section 9.1. ‘Human Resource Management and Development’, but is included here to demonstrate how wide this lack of basic skill effects the overall workings of the Secretariat and its ability to provide the Senate with effective support services. Particular issues that focus on the technical promotion of the Senate’s work (e.g. The Senate bulletin) are considered in Section 9.4.
The important of developing good relations with foreign parliaments is a very important issue. Foreign Parliaments are very good sources of technical, advisory and material support, and improving relations with Institutions such as the IPU, AIPO, APF and other international conference group will not only help the Senate more generally, but also help it acquire knowledge and experience about effective public relations work. Again, this requires staff to have sufficient capacity to engage meaningfully at this level. An immediate need is developing the capacity of staff in speech writing skills to support senators at these international conference and engagements.
Participation in the National Good Governance Programme is also a necessary feature of a well-functioning Senate and General Secretariat, and taking as active role in this area will immeasurably improve the public relations profile of the Senate.
Main Activities
· Establish a public relations unit that undertakes responsibility for developing a comprehensive communication strategy (covering print, audio and visual media), liaising with media service, preparing and developing official publications designed to increase public outreach.
· Organizing and facilitating public forums and other means, as requested by the Senate, aimed at providing and gathering information, as well as sharing views relating to legislation and/or to social and legal issues. This includes organizing regular public hearings in an ‘open’ House format.
· Training staff in public information and public relations roles.
· Developing contracts and cooperation with international donor (such as UNDP, CCLSP, KAF, AIPO, APPF, APF, and foreign parliaments) with a view to sharing knowledge, and seeking technical, advisory and material support.
10. Conclusion
Involving Members of the Senate and the staff of the General Secretarial in the development of this five-year strategic plan has been a key feature in ensuring the plan reflects the overall aims and goals of the Institution. As a result, this strategic plan form the basis for helping the Senate perform its tasks as outlined in the Constitution of the Kingdom of Cambodia, and in its own Internal Rules of Procedure.
There are, however, a number of difficulties that need to be overcome if this strategic plan is to succeed. Specifically these relate to building the capacity of Secretariat staff and ensuring that the appropriate resources and equipment are made available to help them with their work. The gender imbalance that exists within the leadership and administration also causes concern for the Senate and Secretariat; and efforts will be made to correct this by developing Specific recruitment policies aimed at increasing the number of female staff in the Secretariat, to senior positions.
There is also a need to overcome some of the partisan approaches to working practice amongst senators and civil servants if the Senate and General Secretariat are to perform their duties more effectively as an Institution. The result of the 2003 General Election, and the election of new senators in 2004 may have a considerable impact on this particular issue, and the General Secretariat needs to be able to respond to this potential difficulty in a fair and non-partisan way.
Securing the support and cooperation of international and national non-governmental organizations, government departments and ministries, Institution such as the National Assembly, civil society groups, and foreign parliamentary organization is an essential aspect of making this plan succeed. support from these partners will ensure that the Senate and General Secretariat can move towards enhancing democracy and encouraging the process of building and strengthening the rule of law, through applying the principles and practices of good governance in all aspects of its work.
In this strategic plan, the Senate and general Secretariat has set itself some ambitious targets, and this is reflective of the improvements that the Institution wishes to make in order to help support the people of the Kingdom Of Cambodia. With careful planning, the right support and adequate resources, the Secretariat aims to be a stimulant for the whole Institution within national, regional and international frameworks.