ROYAL GOVERNMENT OF CAMBODIA
Opening address by H.E Sok An,
At the Workshop (1) on
Conference Hall, Ministry of Justice, Phnom Penh
10-11 June, 2002
National Vision and Priorities on the Rule of Law and judicial Reform
H.E Neay Sithong, Minister of Justice
H.E Justice Herrera and Justice Bhagwati
Distinguished guests
Excellencies, Ladies and Gentlemen.
On behalf of Samdech the Prime Minister, I would like to welcome you all and to thank Ms. McAdams and the UNDP for organizing this workshop on critical aspects of the Rule of Law. I hope that our discussions will take place in a practical context of how best the principle of Rule of Law can be achieved in the context of Cambodia's societal objectives of sustainable development, social justice and poverty alleviation. The basic question to be addressed is how can the State lead and guide the donors in the quest for the strengthening of Rule of Law as a critical element of Good Governance.
We are here to learn and take advantage of the experience and insight of our distinguished guests. I will outline the vision behind our efforts to achieve good governance and to reform the judiciary as an institution and will conclude my remarks by pointing out priority initiatives we are now pursuing in governance matters and Legal and Judicial Reform in particular.
It is just over ten years since one of the longest periods of insecurity in living memory in Cambodia, came to an end. State institutions are being revamped and new ones are being created to serve a Constitution based on principles of peace and security, a pluralist democracy, human rights, a market economy, a country opened to the World. The overarching objective is to make the State an effective partner to reduce poverty, to sustain development and to enhance social justice.
As we all know, respect for rule of law and an independent judiciary are the cornerstones of a functioning democracy. The Royal Government of Cambodia's vision is to ensure that our country has a rule of law where our statutes and rules are equitably enforced., and everyone including the public as well as all branches of government are bound by them.
How do we achieve this vision? How do we prioritize the actions that we need to adapt to move ahead in the right direction?
Two priority themes were proposed by the RGC([1]1) at the CG meeting in Tokyo (2001). One of them was the Legal and Judicial reform. At the mid-year review meeting organized by the RGC with the donors on 16 January 2002 in Phnom Penh to assess the progress on the implementation of the programs committed by the RGC at the Tokyo CG meeting, concerns were raised by donors about the slow progress in the legal and judicial reform. Although progress in this area is slow compared with other commitments made by the RGC, substantial progress has been made in preparations and laying down preliminary foundations. Important laws were enacted, from the budget to laws relating to investment, trade and commerce through laws on violence and trafficking. The allocation of separate budget for the judiciary has been considered. The land law is a significant achievement of participatory democracy to address a core cause of poverty.
I am also happy to inform you that we have completed negotiations with the World Bank to obtain a grant for the preparation of a Legal and Judicial Reforms Project aimed at improving the rule of law in Cambodia. Under the project, we would be preparing a Legal and Judicial Reform Strategy and Action Plan which will outline what exactly will be done, and by whom, during the next five years in the area of legal and judicial reform. Preparatory work in this regard has already commenced within the institutions involved. The project will also look at streamlining the methodology for drafting and passing of laws. Other objectives of the project are to provide access by everyone to legal information through the publication of an official gazette, as well as a trilingual lexicon; improve judicial capacity through training and a pilot courts system where modern case and court management techniques will be introduced; and finally the training of lawyers.
The Civil Code and Civil Procedure Code, the Penal Code and Penal Procedure Code are nearing completion, and we are working to present the law on the Statute of magistracy at the National Assembly as soon as possible. Amendments to the law on the Supreme Council of Magistracy has been completed. Recently we have established by sub-decree the Royal School of the Magistracy. A Director for the school has been appointed, and the School is now in the process of developing curricula with assistance from the Government of France, and preparing plans for a examination to select students. Which will be conducted in a fully transparent manner. The World Bank has also expressed interest in assisting the school to further professionalize the curricula and examination procedures.
We appreciate all the assistance from our donor friends to the RGC in order to strengthen the judiciary through training and technical assistance.
We believe that a comprehensive approach to legal and judicial reform is crucial to achieve our objectives in the legal and judicial system that is modern, coherent, internally consistent and effective. Our policy is to see the executive and legislative branches, judiciary, legal profession, civil society organization, academic communities, media, as well as the business community, all of them play specific roles in legal and judicial reform. Judicial reform is not something that we in the government can achieve alone and our priority is to develop this consensus to generate commitment, ownership and results.
I am very happy to inform all of you that we have already started this process. As a first priority the RGC is now in the process of internally discussing the draft of a legal and judicial reform strategy that will be discussed with other stakeholders in civil society, private sector and the donor community before finalization. Our strategy prioritizes protection of fundamental rights, increasing access to lawyers and the justice system specially by our poor and vulnerable people, modernization of our legislative framework, providing legal and judicial information, and strengthening our judicial services through well-trained judges, uniform case and court management technique, better enforcement of judgments, and providing judges with better working conditions in terms of higher remuneration and improved infrastructure. Based upon this strategy, we will update our action plans in legal and judicial reforms, and follow these actions until we have achieved our goals.
We realize that as a developing nation we do not have the necessary financial nor technical requirements to travel this long road by ourselves. This is why the government gives every support and cooperation to donor agencies to help us with this task. We are very open in our policies in accepting donor assistance and donor interventions, and at all times strive to create an environment that is friendly to donor interventions.
Excellencies, Ladies and Gentlemen, there is a saying that ‘Rome was not built in a day’. Nor can we build Cambodia in a day. We are a very young state. However, my government is truly committed to the vision of a Cambodia where fundamental principles of democracy such as rule of law. We are also equally committed to implementing judicial reform where there is complete judicial independence, A citizens have access to justice including professional legal representation, all citizens are assured of equal treatment before the courts of law and protection of their individual rights, judges make and issue judgments that are respected and enforced appropriately, the judiciary receives an adequate legislative appropriation, and judges are not compromised by any outside influence. We approach our vision for rule of law and judicial reform in seriousness, and with sincerity of purpose. I am confident that we will be able to expedite the progress we are making now.
The subjects of Doctrine of Precedents, Separation of Powers, and Checks and Balances are important elements of a democratic government.
The doctrine of precedent dictates decisions reached in previous cases in the same jurisdiction dealing with the same or similar issues should be followed in current or future cases unless there is a good reason to deviate, is a fundamental principle of adjudication. The doctrine of precedent is founded on a sense of fairness and the belief that decisions should be consistent and not arbitrary so that legal and judicial consequences of conduct can be predicted. However, for this element of jurisprudence to effectively function, our Judges and lawyers must have reliable and easy access to previous decisions of the superior courts. In this instance, we need donor assistance to establish a comprehensive case law digest to be published on a regular basis, and hope this can be included in our World Bank assisted project together with the publication of the official gazette.
The separation of powers clearly stated in our constitution. These principles are enshrined in Articles 128 to 134. Article 130 specifically states that 'judicial power shall not be granted to the legislative or executive branches'. Pursuant to article 134, we have established the Supreme Council of the Magistracy that play an important role of separating the power between the judiciary and the executive. In order to do so, the strengthening of the Council and the establishment of a General Secretariat to the Council have been done. My government is now in the process of further activating these principles and look forward to donor support to further strengthen the Council and its secretariat, and hope that the Council will ensure the credibility of the judiciary.
The concept of checks and balances is common principle followed by most multi- branch constitutional governments. It is essential that power be separated between the different branches of the Political State Institutions to prevent certain actions by other branches and keeping one branch from gaining too much power over the others or over the people it governs. As such, division prevents the concentration of power in any one branch, since the cooperation of all three is necessary for the development, execution, and administration of public policy in our country.
I will not speak for longer as I am sure you will learn much more from the learned and experienced gentlemen who are here than from me. I want to sincerely commend the UNDP for organizing this workshop, and thank you, Madame McAdams, for inviting me to speak on this auspicious occasion.
Ladies and Gentlemen, Honorable judges, please make sure you get the best out of these learned gentlemen who are experts of international renown in the field of law justice, and I consider us lucky to be able to share in their knowledge and expertise.
Before I end my speech, I would like to personally extend the appreciation of Samdech the Prime Minister, the RGC, as well as my own to His Excellency Minister Badinter, His Excellency Justice Herrera, and His Excellency Justice Bhagwati for coming to Cambodia to help our judiciary. I wish you all good luck and a fruitful two days of deliberation.
Thank you.