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Understanding Cambodia's Organic Law: Key Features and Governance Changes

Explore the purpose, features, and anticipated structural adjustments in sub-national administrations in Cambodia as outlined in the Organic Law. Learn about the legal framework needed for implementing the Strategic Framework for D&D Reform and the principles for managing sub-national administrations.

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Understanding Cambodia's Organic Law: Key Features and Governance Changes

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  1. Day 1, Session 5: Organic Law

  2. Session Objectives • Explain the purpose of Organic Law. • Describe the main features of the Organic Law. • Describe expected changes in the structure of sub-national administrations.

  3. The RGC shall divide in to Capital, Provinces, Municipalities, Districts, Khans, Communes and Sangkats • Capital, Provinces, Municipalities, Districts, Khans, Communes and Sangkats shall be governed in accordance with organic law.Constitution, article 146 Cambodia governance according to the Constitution

  4. Organic Law on Administrative Management of Capital, Provinces, Municipalities, Districts and Khans • is the legal framework that is necessary in order to implement the vision outlined in the Strategic Framework for D&D Reform. It means: (Legal framework that is necessary in order to implement the Strategic Framework for D&D Reform)

  5. Former administrative authority and New administrative authority MOI Guidebook: Key Principles for Management of Sub-National Administrations/p20

  6. Elected Council • Provinces, Municipalities, Districts, Khans, Communes and Sangkats shall be governed in accordance with Organic Law. Constitution, Article 146 (former Articles 127) • Base on Organic Law, Article 4 and 5: • Phnom Penh is a Capital of the Kingdom of Cambodia • Capital is divided to Khans and Khan is divided in to Sangkats, • District is divided into Communes and Sangkats MOI Guidebook: Key Principles for the Management of Sub-National Administrations/p14&15/June09

  7. Unified Administration The unified administration has two key purposes: • to "establish promote and sustain democratic development"(Organic Law, Article 11) • to "strengthen the unity of the state in order to facilitate all public administrative activities" within the area of each council. (Organic Law, Articles 2 & 8)

  8. Legislative and Executive Authority • The council shall have the authority to make legislative and executive decisions. • Executive decisions (Deika) • Legislative power (Monitoring and guidance that assure the decision is implemented) (Organic Law, Article 30-32)

  9. Fiscal Decentralisation • The Councils need enough finances that transferred from national and from own revenues in order to³ • Administer and implement obligatory functions • Choose and administer permissive functions • Apply roles and duties under the laws • Expense on administration and • Apply function to reinforce the democratic development in his/her jurisdiction. MOI Guidebook: Key principles for the Management of Sub-National Administration/p72/June09

  10. Urban and Rural Governance Different Population & Economy Growth. For example:

  11. Democratic Development • Public representation • Local autonomy • Consultation & civic engagement • Responsiveness and democratic accountability • Promotion of quality of life for local residents • Promotion of equity • Transparency and integrity • Measures to fight corruption and abuse of power Organic Law, Article 12

  12. Small group discussion • 6 groups of 5 – 6 people. Each group has 25 minutes for the dialogue and preparation for presentation to plenary. • Each group has 5 minutes to present the results • Each group’s dialogue based on given topics • Each group will have 1 example as the answer to the question

  13. Small group discussion Council Committees 1. What are the three committees of each council? Unified Administration 2. What are the common elements of each council (as unified administration) in managing its own resources or making decision? Legislative and Executive Authority of the Councils 3. What powers does each council have to promote sustain democratic development?

  14. Small group discussion Administrative and Sectoral Functions 4. What powers does each council have to promote sustain democratic development? Rural and Urban Governance 5. Discuss about rural and urban areas Fiscal Decentralization 6. What are council’s responsibilities for fiscal and financial affairs?

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