Researchers:Cristina Mansfield, Loun March and Sou Bounnath

Authors:Cristina Mansfield and Kurt MacLeod

Editor/Designer:Malin van der Meer

Photography:Photos were provided by Pact Cambodia and other NGOsworking with decentralization

The authors wish to express regrets for any omissions orerrors made due to the complexity of the issues.

Phnom Penh, January 2004

ACRONYMSACED Association Cooperation for Economic

DevelopmentADI Analyzing Development IssuesB&D Buddhism and DemocracyBFD Buddhism for DevelopmentBFDK Buddhism for Development Kampong ThomCA Commune AdministrationCAU Contract Administration UnitCBO Community Based OrganizationCBRD Capacity building for Rural DevelopmentCCC Cooperation Committee for CambodiaCCSP Commune Council Support ProjectCDRI Cambodia Development Resource InstituteCIDSE Coopération Internationale pour le

Développement et la SolidaritéCNGO Cambodian Non-Governmental OrganizationCODEC Cooperation Development for CambodiaCOWS Cambodian Organization for Women SupportCPMHRV Committee for the Prevention and Management of

Human Rights ViolationsCPP Cambodia People’s PartyCS Commune SangkatCSP Commune/Sankat Planning ProcessDED German Development ServiceDFT District Facilitation TeamDIW District Integration WorkshopDOLA Department of Local AdministrationEXCOM Executive CommitteeGTZ German Technical CooperationHRV Human Rights VolunteersIFAD International Fund Agriculture DevelopmentJICA Japanese International Cooperation AgencyKAWP Krom Aphiwat PhumKID Khmer Institute for DemocracyLAU Local Administration UnitLPP Local Planning ProcessMODE Minority Organization for the Development of the

EconomyNCSC National Committee to Support CommunesNEC National Election CommitteePACOCO Pagoda Coordination CommitteePBC Planning Budget CommitteesPDAFF Provincial Department for Agriculture, Forestry and

FisheriesPDRD Provincial Department for Rural DevelopmentPDV Peace and Development VolunteersPFT Provincial Facilitation TeamPLG Partnership for Local GovernancePOLA Provincial Office of Local AdministrationPRA Participatory Rural AppraisalPSC Project Sub-CommitteesRDA Rural Development AssociationRSA Royal School of AdministrationSIDA Swedish International Development AgencySST Sor Sor TrongTSS Technical Support ServicesVBNK Vicheasthan Bandosbondal Neakropkrong Kangea

AphivathVDC Village Development CommitteeWGPD Working Group for Partnerships in DecentralizationWVI World Vision InternationalZOA Refugee Care Netherlands

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The research team would like to express itsgratitude to the Working Group forPartnerships in Decentralization foradvancing the cause of partnerships betweencommune councils and civil society throughthe commission of this research.

The research undertaken for this report wasmanaged and coordinated by Pact Cambodia.Participating organizations included ADI/CCC, BFD, CCSP, CIDSE, ConcernWorldwide, GTZ, JICA, KID, Oxfam GB, PactCambodia, Partnership for Local Governance(PLG), Star Kampuchea, and VBNK. Specialthanks goes to Shelley Flam, JoanneMorrison and David Ayres for their invaluablecomments.

ACKNOWLEDGEMENTS

TABLE OF CONTENTS

INTRODUCTION ................................... 4COMMUNE COUNCILS: AN OVERVIEW ......... 5COMMUNE COUNCIL SKILLS .................... 9COMMUNE COUNCIL ACTIVITIES ............. 11GOVERNANCE PRACTICES ..................... 22LEADERSHIP & MANAGEMENT ................ 26PARTNERSHIP STRATEGIES .................... 28RECOMMENDATIONS ........................... 31CONCLUSION ................................... 34PARTNER PROFILES ............................ 35CASE STUDIES................................. 41REFERENCES.................................... 45

Executive Summ

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EXECUTIVE SUMMARYIn February 2002, Cambodia took a major step towards political decentralization by organizing the election of 1,621commune councils. These councils represent the beginning of the Royal Government’s decentralization reform.Subsequent efforts to ensure that the councilors are able to discharge their duties have been a major undertaking. Civilsociety organizations play an important role in building democratic local governance by fostering dynamic interaction,building capacity and promoting good governance practices.

Eighteen months into their first term of office, the commune councils are active in a number of ways. In addition tofulfilling their administrative tasks, they engage in dispute resolution, plan and implement development projects, providesome agency functions for the central and provincial governments, and conduct advocacy. Development activitiesconsist mainly of small scale infrastructure and public goods projects, most notably involving roads and irrigation.Mediation activities address local disputes, such as repayment of individual loans and the location of land markers.Advocacy issues tend to be more complex, involving the application of pressure on government officials or problemsthat cross commune boundaries which require inter-commune collaboration.

On a much more limited scale, commune councils are delving into policy formulation through the enactment ofcommune orders, known as decca. The most common policies enacted include those required to access commune funds(planning and budgeting, procurement, and monitoring and evaluation committees). Others relate to sectoral issuessuch as fisheries or community forestry and are usually drafted with the assistance of an agency that specializes in thatsector. A few commune councils have initiated their own decca, and these appear to relate to fairness and inclusion –whether to compensate villagers for property damage or to ensure that the council is being responsive to all villagers.

In addressing these issues, commune councils face several challenges. The most basic constraint is councilors’ lack ofcapacity. Although councilors are required by law to be literate, many of them are not at a level that is functional. Theirlimited access to financial resources reduces their ability to travel and maintain communication with their constituentsand other communes. Management styles inherited from previous administrations block efforts for transparency andaccountability. Public participation is solicited only when required, for example to access the commune’s developmentfunds. Councilors’ lack of initiative is widespread and conveys an attitude of dependency and reliance on externalsupport.

By delivering trainings on practical topics, partnership programs around the country have been addressing communecouncils’ needs. Building the capacity of councilors to facilitate meetings is one important method already in use. Asthey increase their skills, councilors feel increasingly able to reach out to their constituents for feedback as well as tomake contact with other government actors and development agencies. Exchange visits between councils that allowcouncilors to learn about each others’ challenges and successes have been another important approach, along with theorganizing of inter-commune meetings, particularly those centered on a specific issue.

The road towards good governance may be a long one for commune councils, but the seeds of change have beenplanted. Considering the scope of Cambodia’s decentralization challenges, resources to assist communes are minimal.Partner agencies can promote the interests of civil society by ensuring that councils represent the voice of people at thelocal level and have strong links with their constituencies. Through strong partnerships between civil society and communecouncils there is great potential for a stronger representative government at the local level that addresses the needs ofthe people.

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The 11 communes included in the study were:

1. Trapeang Sap Commune, Bati District, Takeo2. Sre Khnong Commune, Chumkiri District, Kampot3. Andong Por Commune, Romeas Hak, District, Svay Rieng4. Tabong Krapeu Commune, Stung Sen District, K. Thom5. Chamna Leu Commune, Stung District, K. Thom6. Rum Cheik Commune, Banteay Srey District, Seam Reap7. Toul Pongro Commune, Malai District, Banteay Meanchey8. Chroy Sdao Commune, Thmar Kol District, Battambang9. O’Tapong Commune, Bakan District, Pursat10. Koh Chum Commune, Sampeov Meas District, Pursat11. Toeun Commune, Kon Mon District, Ratanakiri

This publication is not a book that shouldbe read cover to cover. Instead, it should

be viewed as a reference book, wherereaders can refer to particular sections

that are of special interest to them in orderto access information on specific topics.

Sangkat councils refer to urban communecouncils, however in this publication theterm commune council represents bothcommune councils and sangkat councils.

INTRODUCTIONThis publication aims to provide an overview of the current work of commune councils in Cambodia and concreteexamples of how development agencies are helping to build council capacity and awareness. It begins with an overviewof commune councils in order to understand the current status of commune councils in Cambodia. It then uses this asa base to examine the relationships between commune councils and civil society at the local level. This includesimportant council activities, such as development initiatives and mediation, followed by a review of governance principles,such as political pluralism and impartiality, accountability and transparency. As one of the main challenges todecentralization lies with council leadership and initiative, a special section on management and leadership qualities isincluded, and skills and strategies used by the councils are highlighted. The publication also contains a summary ofcurrent partnership strategies for supporting the communes. The final section presents a short analysis of civil society/commune council partnerships along with recommendations and a conclusion.

In 2002, a number of development organizations in Cambodia formed a Working Group for Partnerships inDecentralization (WGPD), to promote decentralization through partnerships between commune councils and civilsociety. In order to arrive at an understanding of the progress made and the work done by the commune councils, theWGPD decided to assess 11 communes which have received partnership assistance from member WGPD organizations.The findings in this publication are based on research conducted in these 11 communes.

This publication adopts thefollowing definition of

partnership: “a relationshipbetween a commune counciland its members and one or

more other parties establishedin order to realize stated

common goals.”In this publication, partnershipspecifically refers to relationsbetween commune councils

and civil society.

A District Facilitation Team (DFT) is made up ofprovincial and district level government staffsupporting commune councils on issues suchas LPP, decca development and technicalguidelines for the bidding process as outlined inPrakas 292.

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COMMUNE COUNCILS: AN OVERVIEWOn February 3, 2002, Cambodia elected its firstdecentralized government bodies, the commune councils.There are 1,621 communes in Cambodia, with a total of11,261 elected councilors. Under the Law on theAdministration and Management of Communes, acommune council is a body elected to represent thecitizens in its commune and to serve their general interests.The commune councils are elected by eligible communecitizens and are directly responsible to them. The Ministryof Interior plays an oversight role, although thisresponsibility has been largely delegated to the provincial/municipal governors by Prakas (proclamation).Depending on their geographic and demographic profiles,the commune councils consist of between 5 and 11councilors. Typically, if there are between 3000 and 5000people in a commune, there are 5 councilors; for 5001 to7000 people, there are 7 councilors; and populationsbetween 7001 and 9000 people have 9 councilors. Ifthere are more than 9000 people in a commune, thereare 11 commune councilors. The commune council hasa 5-year mandate, which expires when a new council takesoffice. The next elections are expected to take place in2007.

PROVINCES, COMMUNES & COUNCILORS

Province No communes No councilorsBanteay Meanchey 64 504Battambang 96 744Kampong Cham 173 1335Kampong Chhnang 69 415Kampong Speu 87 605Kampong Thom 81 575Kampot 92 542Kandal 147 1061Koh Kong 33 187Kratie 46 280Mondolkiri 21 105Phnom Penh 76 652Preah Vihear 49 317Prey Veng 116 886Pursat 49 339Ratanakiri 49 251Siem Reap 100 668Sihanoukville 22 144Stung Treng 34 176Svay Rieng 80 516Takeo 100 734Otdar Meanchey 24 150Kep 5 31Pailin 8 44GRAND TOTAL 1,621 11,261

Source: CS Fund Finance Position December 2003

ELECTION PROCESS

According to the Law on the Election of Commune/Sangkat Councils, commune council elections must begeneral, universal, free, fair and just, equal, direct, andcarried out by secret ballot. Before commune elections cantake place, the National Election Committee (NEC) mustprepare budgets, time frames, work programs, mechanisms,regulations and strategies for the administration of theelections, and appoint and train the agencies and personnelthat will administer the elections under its guidance.

Commune council elections are conducted using aproportional system of representation where seats areallocated based on the proportion of votes received byeach of the political parties contesting the election. Allcommune council members are selected from politicalparties’ candidate lists. The number of communecouncilors in each commune is determined by sub-decree.The commune council seats are allocated according to theresults of the elections.

Elections are conducted in communes that have more thanone political party’s candidate list approved for registration.All candidates are selected from a political party’s candidatelist in a sequence starting at the top of the list.

Only voters who are registered on an approved list ofvoters may vote in commune elections. A voter may onlyregister and vote in the commune in which s/he resides.

COMMUNE COUNCIL STRUCTURE

A commune council governs the commune administration.Every commune council has a commune chief who alsoacts as presiding commune councilor. The commune chiefhas two assistants, a first deputy chief and a second deputychief who come from among the elected councilors. Thechief may also appoint advisory committees.

In order to carry out their duties, the commune councilshave their own financial resources and staff to supportthem. Each council has a clerk appointed by the Ministryof Interior (MOI) who is employed within the MOIadministrative framework. The clerk is responsible to thecommune council and has no supervisory or disciplinaryfunctions over councilors. The clerk’s roles are to act as asecretary to the commune council and to inform thecommune council about legal and procedural requirements.The clerk is also responsible to the MOI. The clerk mustbe neutral and impartial, as well as act equally towards allcitizens, political groups, councilors and members ofcommittees.

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COMMUNE COUNCIL STRUCTURE

Committees are composed of councilors and may alsoinclude citizens (or other representatives, such as NGOstaff) as members. Committees play an advisory role to acouncil. For instance, if a health issue arises, the chiefmay decide to appoint a committee to look into the issueand make recommendations. The chief may include adoctor or a nurse as a committee member, or may includea representative from an organization which focuses onhealth issues.

A commune council may also decide to employ staff out-side of the council framework to assist with its affairs

Commune Council Profile

GENDERFemale councilors comprise 983, or 8.73% of the totalnumber of councilors. Of these, 34 hold the position ofcommune chief. Female councilors balance theirhousehold and childcare responsibilities with theirimportant responsibilities on the councils.

POLITICAL AFFILIATIONThe CPP remains the dominant political party with 7,703,or 68.4% of commune council seats. 1,598 hold theposition of commune chief, 789 are first deputy chiefs,154 are second deputy chiefs and 5,162 are regularcouncilors.

FUNCIPEC has the second most councilors with 2,211,or 19.6% of commune council seats. Ten of thesecouncilors hold the position of commune chief, 547 arefirst deputy chiefs, 852 are second deputy chiefs and802 are regular councilors.

The Sam Rainsy Party won the third most votes in thecommune council elections with 1,346 councilorselected, or approximately 12% of the seats. Thirteen ofthese hold the position of commune chief, 285 are firstdeputy chiefs, 615 are second deputy chiefs and 433are regular councilors.

The Khmer Democratic Party has one councilor on acommune council.ROLES AND DUTIES OF THE COMMUNE COUNCIL

Commune councils have two types of roles, one in localcommune affairs, and the second as an agent of the centralgovernment pursuant of tasks delegated by centralgovernment authorities.

In terms of local commune affairs, Commune councilshave duties to promote and support good governance bymanaging and using existing resources in a sustainablemanner to meet the basic needs of the commune, servingthe common interests of the citizens, and respectingnational interests in conformity with the State’s generalpolicy. Specific duties include:

Maintenance of security and public order: this mayinclude taking measures to reduce crime and violence,introducing rules affecting public markets andcooperating with police.Arranging for necessary public services and beingresponsible for the good process of those services;for instance, water sanitation, road construction andrepair, health services, education and wastemanagement.

Encouraging the promotion of the comfort andwelfare of citizens; for example, establishing a localpark or playground.Promoting social and economic development andupgrading the living standards of citizens; for example,seeking investors for development projects in thecommune.Protecting and conserving the environment, naturalresources and national culture and heritage; this mayinclude implementing programs to protect localwildlife and flora, and local natural resources.Reconciling the views of citizens to achieve mutualunderstanding and tolerance; for example, assisting inresolving disputes within the commune.Performing general affairs to meet the needs ofcitizens.

Commune Clerk Council staff

Commune/Sangkat Chief

Committee

First Deputy Commune/ Sangkat Chief

Second Deputy Commune/Sangkat Chief

Councilor Councilor Councilor Councilor

Committee Committee Committee

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ISSUES OUTSIDE THE AUTHORITY OF THE COMMUNE

COUNCILS

Commune councils have no authority in the followingmatters:

ForestryPost and telecommunicationsNational defenceNational securityMonetary policyForeign policyFiscal policyOther areas as stipulated by law

COMMUNE COUNCIL DECISION-MAKING

The following issues must be approved by an absolutemajority vote of all commune councilors:

Approval of a commune development plan;Approval of a commune budget;Imposition of local fiscal taxes and other servicecharges;Approval of by-laws and communeorders (deccas);Any other matters prescribed by theMinister of Interior.

DECCAS

Commune councils have the power toapprove deccas (orders) so long as these donot conflict with any international treatiesrecognized by Cambodia, the Constitution,national laws or other legal instruments.Most deccas enacted by commune councilsare based on forms provided by theMinistry of Interior. The most commonrelate to the creation of sub-committees required by thelocal planning process (LPP) policy as part of the communeplanning process, including the Planning and BudgetingCommittee (PBC), procurement committee, andsupporting committee.

COMMUNE COUNCIL RESOURCES

The MOI requests that each commune council establishthe following two committees in order to receive funding:

Planning and Budgeting CommitteeProcurement Committee

The commune councils receive most of their resourcesfrom a Commune Fund which is held at the NationalTreasury. In order to receive resources, the councils mustcollect local contributions from citizens. In addition, somecouncils receive resources from NGOs. The communesreceive resources from the Commune Fund in twocomponents; one for administration expenses, and one forlocal development expenditures. These resources are paid

out three times per year and are deposited into eachcouncil’s account at a Provincial Treasury. The localdevelopment component is calculated in three parts. Onepart is equal for all councils; one is proportional to acommune’s population; and the last is calculated accordingto the commune’s poverty index. The administrativecomponent is also not an equal payment to all communes.The amount allocated to each council varies according tothe number of elected Commune councilors. By the endof 2003, only 50% of the yearly budget had been paid outby the government, and councils have also beencomplaining that they do not receive their funds on time.

REPORTING REQUIREMENTS

Every month, each council submits a report to its ProvincialOffices of Local Administration (POLA). The communecouncils must also submit a comprehensive annual report,which details progress in terms of objectives, achievements,problems encountered, and recommendations forimprovement. The annual report must also contain a

summary of revenue and expenditures,and give details of objectives and plansfor the forthcoming year. One copy ofthe report is kept as a public documentin the commune council office, whileanother is sent to the MOI, via theprovincial/municipal governor andPOLA. Anyone may review the annualreport at the commune council office orobtain a copy at the cost ofreproduction. The MOI, any citizen,or civil society or other organization maymake comments on the report and thecommune council must considerincorporating those comments.

MEETING REQUIREMENTS

The commune councils must meet at least once eachmonth. A meeting should be attended by more than halfof the total number of commune councilors. In general,at the district level, weekly meetings are organized by districtauthorities for commune councils. These are regularlyattended by a number of partner agencies, which aretypically civil society organizations working together withcommune councils. However, some communes councilmembers feel that weekly district meetings are too frequent,particularly given the time and resources necessary for themto travel to the meetings.

THE BIDDING AND CONTRACT PROCESS

All of the infrastructure projects implemented by thecommune council must be put out to public tender. Thisprocess is managed at the district level. POLA and Ex.Comhave produced a pre-qualified list of registered contractors

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A partnership meeting hosted by a femalecommune councilor

at the provincial level, which is updated every year.Commune councils must select contractors for theirprojects from this list.The bidding process is as follows:

1. Development of technical proposal with support ofprovincial Technical Support Staff (TSS).

2. Public announcement of the project two weeks priorto a bidding meeting.

3. Collection of bidding support documents andapplication form from the commune office byinterested contractors.

4. Submission of offers and applications to thecommune council by contractors.

5. Public announcement of the bidding meeting.

6. At the bidding meeting the commune council presentsits commune plan and explains the bidding procedureand the location of the project. Sealed offers arereturned to the contractors for revision, then resealedand returned to the PBC.

7. The chairperson of the PBC opens the bids and listsall the bidders and their offers on a chart. The PBCthen withdraws to discuss the offers for its commune.

8. The bidding result is presented to the selectedcontractor and the infrastructure contract isnegotiated.

The aim of this process is to increase the power ofcommunes, so that the councilors are in the position totransparently and cost effectively access a market forservices, without having to rely on other levels ofgovernment to provide these services. The role of theTSS includes providing councils with technical designcapacity and estimating the cost of infrastructure projectsas well as acting as a certifier of the quality of projectscarried out by communes.

Commune council payments for construction work arebased on the particular contract with the contractor, butare generally as follows:

The contractor is paid 50% of the total amount whenthe construction work is 60% completed.The contractor is paid another 30% when theconstruction work is approximately 100% completed.The contractor is paid an additional 15% whencompletion of the construction work is confirmed.The contractor is paid the final 5% after a 3-monthmonitoring period to ensure the quality.

MONITORING AND EVALUATION OF PROJECTS

Every commune council must nominate 2 people - acommune councilor and a citizen - as point persons whomonitor, follow up and evaluate commune developmentprojects. The responsibilities of the point persons are to:

Facilitate and coordinate all activities related tomonitoring and evaluation of commune activities.Regularly monitor project implementation.Mobilize citizens in the commune to participate in themonitoring and evaluation of commune activities.Collaborate with relevant departments, agencies andcivil society organizations to provide training on projectmonitoring and evaluation for councilors and the PBC.Participate in meetings with technical officials on theproject implementation process.Report to the commune council and PBC on projectprogress and problems encountered during projectimplementation.Follow up, monitor and evaluate other matters asrequired by the commune council.

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Example of commune assessmentCommunes work by the following criteria:• Timely submission of administrative

reports;• Regularity of council meetings;• Whether decisions are made by the

group in a meeting;• How much time councilors spend at

work, because not all attend workregularly;

• Solidarity within the council.

COMMUNE COUNCIL SKILLSWhile the councilors have learned much since enteringoffice, the overall capacity of Cambodia’s CommuneCouncils remains very limited. There are significantdifferences in capacity between councils, and alsodifferences within them. This presents challenges for bothpartner agencies and the Royal Government in theircapacity building efforts.

CAPACITY BUILDING ACHIEVEMENTS

Since the 2002 elections, the Royal Government hasdevoted considerable effort to building the capacity ofcommune councils. Nation-wide training courses haveintroduced councilors to their roles and responsibilities,planning, budgeting, general management and financialmanagement. To ensure that a transfer of knowledge takesplace in these training courses, the same training is oftenconducted a commune more than once. While thecommune clerk handles much of the administrativebusiness of the councils, there are indications thatcouncilors are starting to increase their capacity in thetraining areas, albeit at a slow rate.

Capacity building efforts appear to have made the mostprogress in relation to the planning process. While somecommunes still require significant input from the districtfacilitation teams, there are notable differences in planningand facilitation capacity. Many of the councils are becomingcomfortable with the planning process and are gainingcompetence.

With assistance from partner agencies, councils are learningand practicing other types of skills. These includeconducting participatory rural appraisals, managingcommunity revolving funds, preparing and runningmeetings and presenting requests and presentations tooutside agencies. Another important skill councilors feelincreasingly confident with is their ability to prepare clearobjectives before attending a meeting with governmentofficials and present clear justifications for a request.

Organizations working directly with commune councils arebeginning to assess commune council performance.

These assessment tools should be enhanced by acomprehensive standardized performance assessment/self-assessment tool that is prepared with the input of thecommune councils, tailored to the situation of eachcommune and made available to councilors, governmentagencies and development actors alike.

Replication of capacity achievements between neighboringcommunes is not likely to occur unless some kind ofsharing of experience is organized during an inter-commune event. One reason for this is that councilorslack resources for travel and the distances betweencommunes can be large. It is important to note, however,that many councilors do not perceive that they haveanything to gain from exchange. In addition, councilorsare often not sure that they have the right to organizeindependent meetings with other councilors outside theirown commune without government sanction. Yetcouncilors generally view exposure to models throughstudy tours to be the most effective capacity buildingmeasures. Another preferred method among councilorsis coaching, where partner staff visit councilors on a regularbasis and help to deepen their understanding of topicscovered in workshops.

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“Some councilors do not understand thiswork, so they lack confidence to act, forexample to explain a project to the people

in order to mobilize support.”Commune Council Chief

CAPACITY BUILDING CHALLENGES

Councilors commonly request repeated training in the sameareas. Already partner agencies have begun to complementDOLA/POLA training with additional training on thesame topics. The fact that councilors request repeat trainingindicates that they are aware of having limited capacity incertain areas. This creates frustration for governmentcapacity building staff, NGO staff and the councilorsthemselves. Partner agencies are clearly challenged by theskill level of some of the councils and some wonderwhether it is worth working with low capacity councils,suggesting that it would be preferable to wait until afterthe next national election. One main challenge continuesto be that many councilors are not functionally literatealthough it is required by law. The high capacity buildingneeds of the councils combined with the limited resourcesof partner agencies suggest that in the future agenciesshould select partner communes based on merit andindications of potential. This selection process wouldreinforce councils that are willing to promote a moredemocratic process at the local level.

FUTURE CONSIDERATIONS

The following skills have been suggested by communecouncils and development actors as being the most usefulcapacity building investments for councilors:

Administration, finance and management (follow-uptraining);Responsibilities of commune councils and localgovernance;Facilitation, agenda preparation, preparation ofquestions before meetings;Communication and networking with the public,NGOs, departments, other agencies;Soliciting, analyzing and responding to publicfeedback;Analyzing problems and preparing strategic responses;Legal preparation (note: the Royal Government ispreparing training in this area);Delegation of responsibilities and generalmanagement;Balancing political interests;Project management;Advocacy that represents the needs of theirconstituency to higher levels of government;Development of deccas;Village chief elections;Public disclosure of accounts;Information gathering from constituencies that willimprove commune council plans;Monitoring and evaluation of commune projects.

In order to best coordinate capacity building exercises forcommune councils, it would be beneficial to carry out anassessment and coordination of organizations’ capacitybuilding services for the development of communecouncils.

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COMMUNE COUNCIL ACTIVITIESBefore examining partnerships between commune councilsand civil society, it is essential to identify the councils’current activities.

DEVELOPMENT ACTIVITIESDEVELOPMENT ACTIVITIESDEVELOPMENT ACTIVITIESDEVELOPMENT ACTIVITIESDEVELOPMENT ACTIVITIES

GENERAL

By far the most importantactivities undertaken by thecommune councils, as seen bycouncilors and villagers alike, arethe development projects fundedthrough the Royal Government’sCommune/Sangkat Fund.

After the commune elections, theRoyal Government began amassive effort to provide trainingto councilors about theiradministrative, planning, financialand project management duties.The councilors have also receivedtraining on the communedevelopment planning process.Each year councils prepare commune development plansusing LPP. The 11-step planning process emphasizes publicinput in the formulation of lists of prioritized villageproblems or needs that are then integrated at the communelevel. This presents a radical departure from the pre-councilera in which plans were prepared at the district level andhanded down to the commune authorities. In addition tothe planning process, commune councils are encouragedto establish a number of committees to oversee the process,namely a Planning and Budgeting Committee (PBC),Procurement Committee and [project implementation]Monitoring Committee.

This current bottom-up approach provides an opportunityin Cambodia’s decentralization process for ownership bycommune councils and citizens over the developmentprocess at the local level. The majority of communesactively participate in the planning process. With fewexceptions, all communes have established the threerequired committees. A recent study, PAT EmpowermentStudy – Final Report by R. Biddulph (PLG), of publicparticipation in the planning process concludes that thereis public awareness that the commune has a developmentfund, and public participation in project selection isoccurring. Although many PBC members are not aware ofkey meetings, such as bidding meetings, public participationin the planning process is widespread.

TYPES OF PROJECTS

The most common projects implemented by the councilsare infrastructure related, notably road and irrigationprojects, including installation of culverts and water gates,as well as school construction projects. Some communeplans do include non-infrastructure activities that can besupported by technical assistance from the various linedepartments, such as agriculture technology or

environmental protection. However,at this point it is difficult to ascertainwhether the non-infrastructureactivities are being implemented bythe line departments in collaborationwith the councils, or whether thosepriorities remain unattended.

DISTRIBUTION OF PROJECTS WITHIN

COMMUNES

Although it is too early to draw anyconclusions about the distributionof projects among the villages withinthe council’s jurisdiction, as a generalrule road projects start at the mainroad and work their way through thevillages. Given that commune funds

are generally small (US $5,000 to US $12,000), it takes anumber of project cycles (i.e. years) for all of the roads ina commune to be redone. In some cases project siteselection has been less than participatory and there arereports of village projects being selected for politicalreasons.

PROJECT QUALITY & MAINTENANCE

Commune councils and VDCs are responsible for ensuringquality and maintenance of projects, and are concernedwith the quality provided by private contractors.Occasionally commune chiefs sign the final approval of aproject and make payments to contractors despite theirdissatisfaction with the work, because they are unclear aboutthe procedures regarding project approval, and sometimesreceive pressure from technical support unit ofcorresponding sector line ministries at the local level.

Although councilors are generally satisfied with the workundertaken by contractors, many feel that they couldimplement the projects themselves at a lower cost. Somealso see the current Seila policy requiring communes touse only registered contractors as a limitation to theiroptions. However, the registration process exists with anaim to protect the communes from poor work by ensuringthat the contractors have the required technical skills andequipment to do the job. The long-term goal is to increase

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Local planning meeting,Siem Reap

the capacity of the commune councils to be able to setthe criteria for the bidders and to be in charge of theirown process. Since the technical units of the governmentdecide which contractors the commune councils shouldchoose among, there is a risk of corruption due to therelationships that exist between the contractors and thegovernment unit. Increasing the decision-making ability ofthe commune councils to choose contractors would lowerthis risk if it is coupled with clear standards for choosingcontractors and accounting for construction.

Contractors are generally surprised at how many peopleparticipate in monitoring their projects and how villagershelp them out. In general, contractors believe that theirproject budgets are low, and their profits from the contractsmoderate. Despite this, many indicate that they willcontinue to seek other contracts from the communes.There are reports of contractors who have advanced orborrowed money for projects and have not been paid bythe communes due to delays in fund transfers, althoughsuch instances are not widespread.

A large number of the communes that have implementedroad projects in the last two years have passed ordinances(decca) to establish road or infrastructure committees. Arecent SIDA/PLG study concluded that there is a lack ofclarity as to whether responsibility for maintaining the roadsfalls to the villages or the commune council. However, itis still too early to draw conclusionsregarding maintenance.

According to CommuneImplementation Guidelines recentlyadopted by the National Committeeto Support Communes (NCSC), anunspecified portion of the communedevelopment funds can be used forproject maintenance. To address thisissue, the funds available for projectmaintenance will need to be clarifiedin the future with the communes.Some communes have introducedregular road maintenance organizedand paid for by the commune.

Development activities are generallymuch appreciated by the public andthe majority of villagers contributewith labor or money to projects in their villages. Peoplesee a clear connection between their contribution and theroad in front of their house – inculcating the potential fora future culture of accountability through taxation andproper project management.

CHALLENGES

Although skill levels vary considerably, the communes arein the process of mastering the local planning process.While the process is complex, it is logical and clear. Oncecouncilors and PBC members grasp the concepts, theybecome active participants and appear to be comfortablewith the process.

The main challenge looming large over the communeactivities is the current delay in transfer of funds to thecommunes. At the time of this writing many communeshave received only 50% of the funds that are due to themthis year. At present the councils are heavily dependent onthose funds and in their absence are likely to becomeparalyzed. Additionally, the participatory aspect of theprocess has raised public expectations and councilors willfind themselves in a very uncomfortable situation if theprojects planned for 2004 do not materialize. Currentdiscussions between donor countries and the RoyalGovernment are underway to resolve this issue. The failureof central funds to reach the provinces on time is endemicin Cambodia as is also the case in the health and educationsectors.

PARTNERSHIP INPUTS

Development agencies provide important assistance to thecouncils in developing their facilitation and problem

identification skills. Partners assistcouncils by helping them identifypotential sources of support, bothgovernmental and developmental.These partnerships demonstrate howNGOs’ direct involvement withcommune councils can improve thegovernment’s decentralizationprocess. For example, communeswith very limited skills still rely on thefacilitation assistance of DFTs andPFTs, while in other communes thathave received considerable supportfrom NGOs the councilors are in fullcontrol of the process and the DFT/PFTs are present merely as observersof the process.

At the policy level, a few NGOs workactively to use their experience withthe councils to affect commune

regulations and procedures to improve the planningprocess. Currently part of the 11-step planning processincludes separate male and female discussion groups, andone NGO has successfully lobbied provincial officials toinclude an additional discussion group made up of thepoorest residents of a village. The NGO believes that thecurrent structure, in which the villagers divide into two

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One of the mostprevalent andperhaps leastacknowledgedactivities of the

communecouncils is

disputeresolution

Often in lendingprojects when onebeneficiary doesnot repay a loan

because ofhardship, other

participantsassume that they

are relieved oftheir own

obligation andrefuse to repay

their loans.

gender specific groups to discuss village plans, does notensure that views of the poorest residents who may behesitant to speak in those groups, are adequately heard.With POLA approval, the NGO target communes havestarted to include a third group for the poor. The NGOhas also initiated a dialogue with other government officialson a mechanism for NGOs and smaller developmentagencies to contribute directly to the communedevelopment fund through the Treasury Department. Adiscussion is underway as to the type of accounting systemthat would ensure transparency.

FUTURE CONSIDERATIONS

Residents in many communes in Cambodia are active inthe planning process and have implemented developmentprojects. Partner agencies contribute to this process bybuilding council planning capacity. They also have animportant role to play in understanding and questioningthe policies of the commune regulations and procedures.Partners have valuable field experience, which when sharedwith government officials can result in improvements tothe decentralization reforms. In addition to theparticipation and funding issues described above, agenciescan use their observations to benefit the councils byinquiring, for example, about project maintenance policiesand non-infrastructure projects. In order for this to occur,partner agencies need to encourage their field staff to shareideas with commune councils to help the councilorsunderstand that there is room for dialogue, improvementand that policies can be changed.

The responsibility for developing capacity of communecouncils clearly resides with the Royal Government. Partnerinputs tend to be human resource intensive and thereforeexpensive given the large number of communes. It will bea challenge to ensure that the improved skills andcompetence levels of councilors are sustainedin the turnover of the next elections.

At present, councilors believe that theadvance of development projects is limitedto the Commune Fund and central level fiscaltransfers – with very few exceptions. Theprocess of regulating revenue generation asdefined by the government has been slow butis currently under consideration and isexpected to increase total revenues availableto the communes. In the future, communecouncils need to develop a wider perspectiveon commune development that extendsbeyond the commune fund. Partner agenciescan contribute to this by encouraging councilsto keep non-infrastructure and non-Commune Fundactivities on their agendas and encouraging them to seekinnovative solutions to local problems. Communes do have

the potential to raise revenues from their own sources,although they only have the power to tax in accordancewith the law and such a law does not yet exist.

MEDIATIONMEDIATIONMEDIATIONMEDIATIONMEDIATION

NATURE OF DISPUTES

One of the most prevalent and perhaps least acknowledgedactivities of the commune councils is dispute resolution.A large majority of councils see mediation as the primaryongoing activity outside of administrative duties. Villagechiefs, VDC representatives and individuals call regularlyon councilors to use their influence andauthority to help them solve localproblems. Cases usually involve land,domestic violence, inheritance disputesand loan repayments. Occasionallydisputes arise when cattle damageanother villagers’ rice field or personalproperty. VDCs and CBOs also callupon councilors to assist in solvingproblems within their projects, usuallyregarding repayment, for example inrice bank programs.1 Land disputestend to revolve around the boundarylimits of rice fields when the absence of dikes makes itdifficult to identify markers. However, these cases are oftennot on a large scale and the majority of land disputes areresolved at the village or commune level. The disputes thatcannot be resolved at the commune or village levels arereferred to the district level.

CHALLENGES TO DISPUTE RESOLUTION

Commune councilors are well placed to respond to disputeresolution: it calls upon their position ofinfluence in the community and problemsolving skills, and such mediations do notrequire additional material resources. Asmediation has been identified by councilorsas the activity on which they spend the mostof their time outside of their administrativetasks, it is important to review some of theproblems faced by commune councilors asmediators.

To adequately fulfill their function asmediators, councilors need to be aware ofproblems in the villages when they arise. Inorder to have access to this grassrootsinformation, they must visit the villages on

a regular basis or receive information from a villagenetwork. Commune councilors generally visit the villagesinfrequently, sometimes less than once a month. One ofthe reasons is that councilors tend to be busy with

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Commune councils in BanteayMeanchey and Oddor Meanchey, incollaboration with Buddhism forDevelopment (BFD), have establisheda sub-committee within thecommune council structure toaddress human rights violations anddisputes. The sub-committee is madeup of one councilor and prominentmembers of the community, such asa monk, religious layperson, teacheror learned villager. Each committeeusually has five to six members whomeet monthly or more if needed. Thesub-committee benefits fromreceiving information from a networkof BFD Peace and DevelopmentVolunteers, which represent thebackbone of BFD’s program in theseprovinces.

“Sometimes people applytheir thumbprint to anagreement, but later they saythat the thumbprint is nottheirs. What can we do?”

Councilor in Thmar Phouk

administrativeduties, ora t t e n d i n gmeetings ort r a i n i n gcourses. Somec o m m u n e si n c l u d en u m e r o u svillages and

travel is difficult and costly. Unless there is a village networkto provide information, the councilors are not likely tohear about most disputes because individuals outside thevillage where the commune office is located are hesitantto approach councilors at the commune office to reporta complaint. Likewise, it is important that communecouncils visit villages on a regular basis to collect theirown information.

Partiality by councilors represents another obstacle tosuccessful mediation. Frustration arises when councilorsfrom one political party refuse to intervene on behalf ofa villager from a different party. Less frequent but alsoprevalent are reports that commune administrators havereaped personal benefit from the mediation process. Lastly,an obstacle to dispute resolution is adherence toagreements concluded during the mediation process. Onecouncilor has commented, “sometimes people apply theirthumbprint to an agreement, but later they say that the thumbprintis not theirs. What can we do?”

INSTITUTIONAL APPROACHES TO ADDRESSING CHALLENGES

At their own initiative and in collaboration with NGOs, asmall number of councils are beginning to address thesechallenges using various approaches. These include:

Increased communication with VDCs andvillagers. This serves to bring the councilors closerto their citizens and increases councilors’ awarenessof the problems in the villages, allowing them torespond to conflicts more efficiently. This in turn hasthe potential to increase the citizens’ trust in thecommune council.

Delegation of mediation responsibilities toassigned individuals or institutions. This increasesthe efficiency of mediation within communes,resulting in faster resolution of conflicts.

Creation of a structure within the council toinstitutionalize dispute resolution activities so thatthey are viewed as consistent, dependable and fair.This structure increases people’s confidence in theircouncils to assist in solving their disputes in anappropriate manner.

Creation of deccas and policies to help avoidarbitrary decisions, and reduce any perception ofunfairness and increase general trust and predictabilitywhile being in accordance with the law and their rightsto enact deccas (Commune Administration Law, Articles48-51).

According to VDCs and CBOs, councils are increasingcommunication with these civil society institutions. Thisin turn increases the flow of information from thegrassroots level to the commune authorities. As a result ofincreased interaction at meetings, etc. councils and villageorganizations are beginning to understand the value ofcollaboration. Increased communication means thatcouncilors learn more about what is happening in the

PARTNERSHIP INPUTS AND FUTURE CONSIDERATIONS

Civil society organizations can assist councils by exposingthem to the policies and actions initiated by other councilsand by helping councilors create networks that will facilitatethe flow of information between the commune and villagelevels. Partner agencies can also assist councils by educatingthem about the national land dispute resolution structureand laws or methodologies addressing dispute mediationso that they can provide better advice to villagers and alsomonitor the progress of cases. Partners can increase thelikelihood of adhesion to agreements by encouragingcouncilors to announce any public decisions to the entirecouncil as well as to the public. This strategy helps toincrease pressure on individuals who have concluded apublic agreement in the absence of other legal enforcementmechanisms.

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Partner meeting, Pursat

ADVOCACYADVOCACYADVOCACYADVOCACYADVOCACY

In its most basic form, advocacy aims to change an existingsituation affecting a disadvantaged group by buildingsupport among stakeholders for change and applyingpressure on decision-makers to adopt the agreed-uponsolution. Existing literature offers a range of definitions,but one of the clearest comes from the Advocacy Institute:

Advocacy is a series of actions designed to persuade and influencethose who hold governmental, political, and economic power so thatthey will adopt and implement public policy in ways that benefit thosewith less political power and fewer economic resources.

Successful advocacy campaigns use a combination of thefollowing approaches:1. Work directly with those in power to convince them

to adopt public policies and practices that will benefitthe disadvantaged group.

2. Influence those in power indirectly by persuadingthe people who influence them, such as colleagues,supervisors, donors, etc. to advocate on your behalf.

3. Provide advocacy skills, training or support todisadvantaged groups to help them pressure decision-makers to adopt better practices and policies.

4. Mobilize the public through the media and otheroutreach methods to create widespread awarenessabout the problem and use the resulting public pressureto encourage decision-makersto change their stance.

The primary goal of any advocacycampaign is to persuade theindividual, group or institutionwith the capacity and authority tosolve the problem that changingthe policy will provide morebenefits than continuing thecurrent arrangement.

As commune councils master theiradministrative duties and planningresponsibilities, they can begin tosolve larger issues that require different skills such asadvocacy and policy formulation. Councils are beginningto deal with a range of development and social problemsand it is clear that councils receiving assistance from partneragencies are better able to develop strategies and advocatefor change at higher levels.

Many communes experience similar problems. Often theseproblems are caused or aggravated by the behavior ofpolice officers, district officials and sometimes evenmembers of the council. One of the solutions to these

problems rests in collaborative advocacy. However, councilsrarely meet to share experiences and work together despiteweekly district meetings. Issues that cannot be appropriatelyaddressed at the local level are dealt with at the regional,provincial or national levels.

COMMON ADVOCACY ISSUES

The advocacy issues summarized in this section show thatcommune councils are trying to address serious concerns.These include a wide range of issues from control ofmarkets and roads, to rising violence among youth.

Dealing with CorruptionSome commune councilors have been very proactive inadvocating against things happening in their communes,despite facing at times large power imbalances. Althoughthey confront difficulties when challenging people inpositions of authority, commune authorities have managedto remove people in high positions who act without theconsent of the commune, or outside the realms of thelaw. Rather than confronting the actual person, which canfeel threatening to commune authorities, councilors canaddress the issue at district and provincial meetings. Withincreased awareness and support from others, it is easierfor commune authorities to remove a person who iscarrying out his or her duties inappropriately. Often itrequires a great deal of courage on behalf of the communeauthorities to raise a sensitive issue like this, but with gainin support, actions to remove a person unfit for his or her

position become more successful.There are reports of councilorsgetting corrupt police officerstransferred out of theircommunes.

Market SanitationControl over local markets,particularly when located in thedistrict town, is clearly a challengefor commune councils.Mismanagement of markets oftenhas an adverse effect on health andsanitation. District officials havejurisdiction over local markets, but

currently, councils and NGOs lack the capacity to dealwith problems that involve district authorities. The councilsare not sure what their rights are and still fear reprisal forchallenging higher authorities. However, increased lobbyingcan lead to positive changes as commune authoritiesincrease their leverage with assistance from partneragencies.

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Control over RoadsThis is a theme that crosses commune boundaries. Policeand/or military regularly set up night checkpoints to collectfees from smugglers. As with the markets, councilors haveno idea how to address the issue and are characterized byvillagers as being afraid. In cases when roads have beenleased to private companies, the commune councils are ata loss as to how to get provincial authorities or a companyto maintain the roads.

Rising Violence among YouthsIncreased violence and drug use among youths are the onlyissues that do not relate to government officials (althoughin fact the children of officials are cited as causing troublein some areas). Most villagers and councilors consider thisproblem to be of a small scale throughout Cambodia.Commune councils and partner organizations will need tojoin forces to address this as an emerging social issue ratherthan focusing on individual incidents. The successfulefforts by women’s organizations around the country toraise awareness about domestic violence demonstrate thepotential impact of collaborative efforts on social issuessuch as this and can be a model used to confront youthviolence.

Illegal Fishing PracticesCambodia currently has the world’s fourth largestfreshwater fisheries industry. One of the most difficultand persistent challenges that communes face around largebodies of water is the problem of illegal fishing practices.The problem is serious because it affects the main sourceof protein supply for many families. It is also complexbecause it extends beyond commune boundaries. It alsorepresents an uncomfortable challenge for councilorsbecause the police and fisheries officials are oftenimplicated in breaking the law.

EXAMPLES OF ADVOCACY ACTION AGAINST ILLEGAL

FISHING UNDERTAKEN BY COMMUNE COUNCILS

Direct confrontation with limited partner supportIn some communes, the councils directly confront thepolice, meet with district and Department of Fisheriesofficials and disseminate information via villagemeetings. The overall results of this strategy have todate been poor.

Diverse use of advocacy strategiesIn some communes, the commune council chiefs arevocal in their complaints to district and provincialauthorities about the conduct of fishery officials. Thecouncils send strong messages discouraging illegalfishing practices to villagers and the media sometimesbrings attention to the problem. The use of diversestrategies is generally successful, leading to improvedbehavior of officials and villagers.

Advocacy with partner supportIn other communes, councils and civil society are activein organizing meetings at all levels to deal with issuesof corruption and illegal activities. However, this typeof advocacy activity has often been met with manyobstacles due to the high sensitivity at the local levelto discuss bribes in public. Some of the meetings havebeen successful and resulted in for example illegalfishing equipment being confiscated and publiccommitments being made to discontinue illegal fishingpractices.

Partnership with advocacy strategiesLastly, some commune councils’ flagging efforts todeal with the problem are energized when NGOsengage and collect information at the village level.Partner organizations can help the councils raise issuesat a Provincial Development Forum. A public forumcan be organized with participants representing a widerange of stakeholders, including fish traders andproducers of illegal fishing equipment as well ascouncilors and police. This strategy has also led toequipment being burnt and villagers being asked tocommit to discontinuing the practice.

In all four fishery advocacy examples, the involvement ofpolice officers and/or Department of Fishery officials wasone of the main causes of the problem. In two of thecases it was indicated that the commune council chiefswere also involved, albeit not necessarily directly - one wasseen as unable to control his relatives who practiced illegalfishing. While some councils directly confronted theofficials, others were reluctant to do so. Appealing to districtauthorities was an important part of their strategy, butcalling on provincial authorities was beyond the capacityof the councils, unless the council was particularly strong,located near the provincial capital, or benefited from thesupport of an NGO. When NGOs were actively involvedin finding a solution, the councils were more likely to raiseawareness among a wide range of stakeholders. Animportant strategy has been the mobilization ofneighboring communes to take action. Inclusion ofneighboring communes in public forums has resulted incommitments by the councils to address the problem intheir communes.

Councilors generally consider that illegal activity by policeand fisheries officials aggravate problems by encouragingvillagers to follow their illegal practices. In some cases,however, villagers are responsible for encouraging illegalfishing. It should be noted that rural poverty is notperceived by councils as contributing to an exacerbationof the problem, which could be due to the councils’powerlessness in providing solutions to poverty but may

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Illegal fishing equipmentbeing burnt in Chroy Sdao,Battambang

also be due to their lack of capacity to accurately assessthe situation.

PARTNERSHIP INPUTS

NGOs have an important role in helping communecouncils collect information and document problems toeducate the public and present arguments on the need foraction to higher authorities. Their presence also providesthe support that councils need to confront officials directlywhen they are involved and to facilitate access to higherauthorities and provincial department officials.

NGOs assist councils to organize public meetings andforums that contribute toward raising awareness andbuilding public support for an issue. They providelogistical/material support and assist councilors to developfacilitation skills. Outside resources are particularlyimportant for councils with few financial resources andlimited ability to travel to meetings without additionalfinancial support. Additionally, the presence of NGOsbuilds the confidence of the councilors, thereby enhancingtheir interest in developing alliances.

FUTURE CONSIDERATIONS

Commune Rights. Partner agencies can assistcommune councils to understand theirrights and limitations. Councilors are notalways sure what rights they have to solvecertain issues and without clarity are aptto be less pro-active. This caution extendsto such relatively minor issues as datacollection, documentation of cases tojustify action and stakeholderidentification. Some councilors think thatthey do not have the right to contactcouncilors from a neighboring commune.If councilors invite adjacent communesto their public forum, they think that theydo not have the right to invite councilorsfrom nearby communes in a differentprovince. Additionally, councilors are notsure about their right to communicate with othercommunes although communication between communesis essential when a problem crosses commune boundaries– as in many natural resources cases – and an advocacystrategy needs to be developed.

Advocacy Skills. Commune councils’ ability to solveproblems would be strengthened from developing a rangeof advocacy skills within the councils. This could beginwith the most basic skill, the gathering and utilization ofinformation. It is important to document both failed andsuccessful advocacy efforts and disseminate thisinformation to commune councils around the country. Skillbuilding should address such sectors as the media and

formulating local level policies. For example, mediainvolvement can contribute to the resolution of a case.An in-depth understanding of how commune councils canwork with the media would benefit local and nationaladvocacy campaigns.

The key to any advocacy strategy is the need to establishobjectives and measure results. For example, much efforthas gone into public education on fisheries and advocacyto reduce illegal fishing practices. However, there is noevidence that councils are prepared to identify whethertheir efforts are effective or not. As part of the process ofestablishing realistic objectives, partner agencies can helpcommunes to analyze the cause of problems and theobjectives needed to solve the problems. At present,councilors do not understand the role of poverty as themotivation for fisheries violations. If poverty is the maincause of violations, public education alone is not likely toreduce illegal fishing. Villagers will still be intent on meetingthe immediate needs of their families and other solutionswill need to be applied in addition to public education.

Advocacy Strategies. Understanding how todevelop advocacy campaigns wouldprovide commune councils with theability to plan for sustained action. Severalcouncils withdrew from moving forwardwhen their initial effort failed. Knowledgeof how to build a campaign would reducethe inefficiency of short-term approachesoften attributed to single action initiatives.Successful strategies used to date includeorganizing public forums to raiseawareness of problems among a rangeof stakeholders. Problems that crosscommune boundaries can only beaddressed through inter-communeforums. Developing links with the mediais an important strategy for raisingawareness on commonly shared issuesamong wider audiences. A televisionstrategy would be particularly effective

given the high number of people who watch television inthe country.

Partner agencies have the technical resources to assistcouncils in dealing with two particularly challenging aspectsof advocacy: applying pressure for change and designingdiverse strategies. Partners can also provide councils withthe confidence they need to remain tenacious in theiradvocacy efforts. The current country problems suggestthat advocacy is an area with significant potential for richinteraction between commune councils and civil society.

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Table I: Enactment of deccas by the target communecouncils

POLICYPOLICYPOLICYPOLICYPOLICY

The Commune Administration Law (Articles 48-51) grantscommune councils legislative powers to enact communeorders, commonly referred to as decca. Commune councilsare free to formulate commune policy as long as it coincideswith the Constitution and national legal instruments. Areview of deccas passed by councils during the first 18months of office is useful because it provides an indicationof the potential of commune councils to formulate policyand highlights areas where councils could use additionalassistance.

Most of the deccas enacted by communes are those basedon formats provided by the Ministry of Interior. The mostcommon relate to the creation of subcommittees requiredby LPP policy: Planning and Budgeting, Procurement, andMonitoring and Evaluation Committees). While all of thecommunes that have implemented projects using thecommune development funds are required in principle tohave those committees, Table I indicates that a number ofcommunes have either not passed the required decca or thecouncilors failed to mention them during the interviews.

When communes have repaired roads using the communedevelopment funds, some councils have passed a decca toestablish a road maintenance committee with the assistanceof POLA and the Provincial Department of RuralDevelopment. Another common decca enacted in responseto a POLA directive designates two communerepresentatives to act as a liaison between POLA and the

communes. These representatives are charged withmonitoring commune council activity for POLA and LAU.

Table I shows how eleven councils have enacted a numberof deccas relating to protecting and ensuring managementin specific sectors. These include community forestry,natural resources, fisheries, land use, and disastermanagement. These have been drafted with assistance froma line department or an NGO.

A number of communes have begun to draft deccas at theirown initiative. For example, communes with numerousvillages have passed a decca to ensure that each village has acouncilor assigned to it for communication, councils havedelegated responsibility for dispute mediation to anindividual in order to ease the workload of the councilorswhile remaining responsive to villagers, a council has drafteda decca to specify compensation of property damage causedby unattended cattle, and another has established a [Sub-]Committee for the Prevention and Management of HumanRights Violations (CPMHRV) through a decca to resolvelow-level disputes. The last one represents one of the moreinnovative and strategic policy efforts by councilors as itprovides councils with access to grassroots informationthrough a network of community volunteers and iscounterbalanced by a local NGO’s human rights watchdognetwork. With these nascent efforts, the individualcharacteristics of a commune and its councilors as well asthe council’s ability to respond to local conditions arebeginning to emerge.

POLICY - DECCA

Format from Trap

eang

Sap

Sre K

hnon

g

Ando

ng P

or

Tbon

g Kr

apeu

Cham

na L

eu

Rum

cheik

Toul

Pon

gro

Chro

y Sda

o

O'Ta

pong

Koh

Chum

Toeu

n

Planning Budgeting Committee (PBC) DOLA/POLA

Procurement Committee DOLA/POLA

Monitoring & Evaluation DOLA/POLA Road Maintenance Committee POLA/PDRD *

Requ

ired b

y Mini

stry o

f Inter

ior

Assignation of Point Person (2) - extension DOLA/POLA

Natural Resource Management GTZ Disaster Management Committee POLA/DCDM Forest protection - bans cutting

Banning electrical fishing Economic compensation for crop damage by cattle self-initiated Assigning councilor responsibility for village self-initiated Delegation of responsibility on 'judicial' issues self-initiated Land use management committee CIDSE

Point person for women's affairs + * self-initiated

Initia

ted by

comm

une c

ounc

ils a

nd

partn

ers,

not r

equir

ed by

MOI

+ not active

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Example of an Illegal Fishing Decca inO’Tapong, with five main points:

- Specification of what is considered il-legal equipment;

- Identification of protected areas;- Emphasis that solving the issue

necessitates collaboration betweenrelevant authorities and villagers;

- Specification of the council’s author-ity to give fines and that fines collectedwill be put in the commune fund;

- Specification of what evidence will betaken into consideration, e.g. an oxcartthat carries illegal equipment.

CHALLENGES

Formulation and enactment of policy requires a complexset of skills and in-depth knowledge of the legislativeprocess. Currently councilors do not have access to capacitybuilding to assist them in this role. In spite of the describedpolicy initiatives, councils feel unsure as to the extent oftheir legislative powers and as a result, information aboutdeccas enacted by the council is shared with caution.

Once a decca is passed, councils are active in educating thepublic about it – usually through village meetings.Enforcement, however, is far from guaranteed. In oneexample, one commune faced a problem with road sidevendors’ goods encroaching on the national road. Thecommune council invited the vendors to a meeting. Thosewho attended questioned the authority of the communecouncil to take action. The commune council was unableto identify the source of any authority, not consideringshowing the vendors the Law on Administration andManagement of Communes or issuing a decca to addressthe problem. However, the passing of a decca is notguaranteed to be beneficial for the villagers, and is notnecessarily proof of the level of activity by the communecouncils. Deccas need to balance the issues of human rights,economic growth and equity in order to be positive forcommunes, if they are not, they can pose a threat to thedemocratic freedom of the villagers in the commune.

PARTNER INPUTS & FUTURE CONSIDERATIONS

Partner inputs in the area of policy formulation tend tofocus on specific sectors in which the partner agency has aspecial interest or area of expertise. Many partners in ruralareas focus on community development issues, and theseusually relate to natural resource management: theenvironment, fisheries and forestry. Councils are willingto take on these topics because they address concrete issuesand are directly related to village livelihoods and theprotection of future resources. The councils’ self-initiateddeccas tend to focus on fairness and inclusion – whether tocompensate villagers for damages done to property or tomake sure that the council is being responsive to all villagers.Although current partner assistance in the area of policymay build capacity indirectly, general efforts to develop acouncil’s skills related to legislation are virtually non-existent.

Policy formulation and the enactment of democraticlegislation are indicative of a council’s ability to respondto the local context. For this reason, tracking the passingof a decca by the commune councils and assessing itsfairness will be a good indicator of how proactive thecommune councils are in responding to community needs.Basic education in Cambodian law and the drafting oflegislation as well as information regarding legislationpassed by other commune councils are among the strategies

that will help build commune council capacity to enactdeccas. The commune administrative training program iscurrently adding a section on writing deccas that could becomplemented by partnership activities. However, giventhe limited skills of many of the councils, this particularintervention may be suitable only for the most advancedcouncils and those that have a pressing need for particularlegislation. Regardless, all partner inputs related to policyneed to take the possibility of enforcement intoconsideration from the start and not consider theenactment of a decca as the final step.

PUBLIC SERVICESPUBLIC SERVICESPUBLIC SERVICESPUBLIC SERVICESPUBLIC SERVICES

Responsibility for public services is delegated to thecommune councils under Article 43 of the CommuneAdministration Law, which states that the councils have aduty to “manage public services as necessary” and“perform general affairs in response to the needs of thecitizens.” Currently the central government assumesresponsibility for public services such as health andeducation. Commune councils have a responsibility toensure that their constituents have adequate access to suchservices and to seek to establish local services that thenational government is not in a position to provide.

Commune councils have been in office for a relatively shorttime and they have many problems to address with limitedresources. It is not surprising, therefore, that councils haveyet to begin to address the issue of public services. Mostcouncilors are not yet able to conceptualize a role forthemselves in the provision of public services. Butexceptions exist, and it is to these exceptions that partner

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After the main road leading through TbongKrapeu Commune was repaired, it was clearthat without proper maintenance, the roadwould not last in good condition for more thana year or two. A decision was made to enacta decca to establish a road maintenancecommittee in Panha Chi Village made up ofand selected by beneficiaries at a villagemeeting. The committee was responsible forraising funds to maintain the road. In early2003 the committee members were elected,and decided to charge trucks that transportsand from the river and travel on the communeroad a fee of 1,000 Riel (US $0.25) per trip.The council used the funds to purchase awheelbarrow. The council also pays twocleaners from Panha Chi Village 25,000 Riel(US $6.25) each per month to maintain theroad, and in particular to collect oxen manure.The cleaners work on the road every day. Anyremaining funds are used for materials formaintaining the road.

One of the road cleaners in TbongKrapeu Commune

agencies can turn in order to visualize how councils canprovide or support public services in the future.

ROAD MAINTENANCE & WASTE COLLECTION

In the Tbong Krapeu, the commune council establisheda road maintenance committee that collects fees andemploys two people to maintain the road on a daily basis.

The example suggests that it is possible for communes tobegin providing public services without external assistance.In other cases, outside agencies are collaborating withcouncils to provide start up assistance.

COLLABORATION WITH GOVERNMENT AGENCIES

Commune councils are also beginning to interact withgovernment agencies regarding public services. In somecommunes, the councils have taken the initiative to applypressure on schools to keep poorer children in school whocannot afford informal school fees. Similarly, councils areapplying pressure on health centers to discontinue chargingfor treatments that have been declared free of chargeaccording to national policy. The pressure in these caseswas applied in the form of meetings with teachers, theschool director and health center directors to ask that theychange their practices.

In addition to lobbying for improved services, communecouncils complement national services and work incollaboration with government line departments. Oneexample is a local tourist attraction, where the Departmentof Environment has visited the commune council todiscuss garbage disposal and organized a study tour forcouncilors to visit another popular tourist area to learnabout maintaining a tourist area. With assistance from theDepartment of Environment, the council has selected alocation for garbage disposal, however as the communehas no means for transporting the refuse, the site is notyet being used. The case demonstrates how communecouncils can form partnerships with national governmentservices that complement these services.

COLLABORATION WITH PRIVATE SECTOR

Public utilities are commonly provided by private sectorenterprises in Cambodia, particularly in rural areas. At thistime, many communes do not have public services such aselectricity, water and waste disposal. In the future, however,commune residents may be able to gain access to publicservices because of collaborative efforts between thecommune councils and the private sector. The exampleof Kosan describes how 200 families in Trapeang Sapcommune gained access to clean piped water when a localconsulting firm, an NGO, the commune council and theMinistry of Rural Development came together.

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Kosan is a local consulting firm thatprovides technical assistance andfinancial support to the Ministry ofRural Development to support privatesector water supply programs. Kosanand the Provincial Departments ofRural Development collaborate todesign water treatment towers andpipeline systems. In Trapeang SapCommune of Takeo, the projectprovided a US $20,000 grant to aprivate contractor to build a watertreatment tower. The project nowprovides piped water to 200 families.Users pay a connection fee of no morethan US $15 and water fees of US$0.5 per m3 for clean water. Althoughthe commune council is considered agranting authority on this project, itdoes not participate very activelybecause the water treatment plant isone among other activities within alarger project. Nevertheless, theexample highlights the type ofcooperation that can occur betweenprivate sector, national governmentagencies, development agencies andthe commune councils.

CHALLENGES

At this time councils still have difficulty visualizing a rolefor themselves in the provision of public services. Oneobstacle is that they are not sure what their role should be.For example there is no clear assignment of responsibilityeither to the commune councils or a relevant ministry withregard to garbage collection at the commune level. Similarlythere is no source of technical assistance as to howcommunes might go about developing a project with theprivate sector to provide electricity or water resources to acommune. Other obstacles limiting a council’s vision ofpublic services include lack of resources, lack of exposureto working models and insufficient access to governmentdepartments.

Sooner or later, commune councils will need to focus onthe provision of public services in order to promote thewelfare of their constituents. In some cases, omission todo so can threaten the safety of villagers. Communecouncilors are concerned, for example, about the increasein accidents resulting from cars driving through communetowns at high speeds. Sometimes, cars drive on the leftside of the road because it is in disrepair. The communecouncilors are upset but have no notion of how to proceedas they are not sure whether they have the right to put in aspeed bump and additional caution signs, or whether theyneed permission from provincial authorities.

PARTNER INPUTS

Partner agencies can assist the councils by clarifyingresponsibilities for particular services. If a service doesnot fall within the scope of implementation of the council,partners provide councilors with opportunities to meetwith those who are responsible, such as education andhealth officials, to present their case and inquire aboutfollow-up. Partner agencies can help by exposing councilorsto models and examples of public service projects thatare achievable given their resource constraints. Finally,partners can assist commune councils to initiate publicservices by providing them with initial materials, all thewhile ensuring that the council has a plan for themaintenance and sustainability of the project.

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“… People stop to lookat documents even ifthey cannot read…” Commune Councilors

in Chamna Leu &Trapeang Sap

GOVERNANCE PRACTICESThis chapter examines the extent to which councilors applythe principles of good governance when executing theirduties. In order to ensure a common understanding ofgovernance practices, definitions have been adapted fromKato et al in ADB: Cambodia – Enhancing Governance forSustainable Development (2000), which describe the principlesof good governance as follows:

Participation: people are involved in policy anddevelopment processes.Accountability: public officials are answerable forgovernment behavior.Transparency: information on public sector decision-making, policies, actions, and performance is madeavailable to people.

In addition to the above principles, this chapter provides abrief overview of public expectations of communecouncils and a discussion of the effect of politicalinfluences in the communes.

PARTICIPATIONPARTICIPATIONPARTICIPATIONPARTICIPATIONPARTICIPATION

For the purpose of this publication, participation isunderstood to be attendance of civil society representativesand/or the general public at meetings where they can hearabout the activities of the commune council, voice theiropinions and request explanations. Participation alsoincludes involvement in decision making such as publicinput into the selection, design and implementation ofcommune development projects.

MONTHLY MEETINGS

According to the Commune Administration Law,commune councils are required to holdregular monthly meetings with allcouncilors. The law intends for thesemeetings to be open to the public,although councilors have the right tohold additional closed meetings at theirdiscretion. It seems, however, thatmeetings have been less than regular,particularly since the national elections.In some instances meetings are beingheld only every other month.

With regard to participation in meetings, in somecommunes, the village chiefs attend the meetings, while inothers VDC representatives attend. Attendance tends tobe dependent on whether the village representatives receivesome form of notification or invitation to attend themeeting. Once commune councils send a notification to avillage representative for a meeting, the representatives will

only attend future meetings if an invitation is received.While the attendance of village representatives (VDCs orvillage chiefs) at council meetings is not regular, it issuggested that before the commune elections peoplegenerally did not attend commune meetings, not even thevillage chiefs, unless there was a pressing reason. Currentlythere are very few commune councils holding monthlypublic meetings with villagers.

PUBLIC PARTICIPATION IN LOCAL PLANNING PROCESS (LPP)An examination of participation in the LPP is available ina report entitled PAT Empowerment Study – Final Report (Nov.2003). The report concludes that the public is becomingaware of the existence of a commune development fundand that many villagers have participated in the process ofselecting projects.

There is one item of note regarding partnerships and publicparticipation in the LPP. In one province, an NGO hasopened discussion with representatives of the Seilaprogram to establish special discussion groups representingthe poor in the village portion of the LPP to ensure theirvoices are included.

REPORTING & DISSEMINATION OF INFORMATION

Commune councils usually indicate that village chiefsreceive copies of council monthly meeting minutes andthat the information in these is disseminated at villagemeetings. However, many villagers still do not receive orhave not heard of reports from the council meetings.

Many communes have information boards to postinformation of interest to residents. Some that do notcurrently have boards may get some soon through the PLG

communications pilot project. Althoughthe level of literacy is low, a surprisinglylarge number of people often stop andlook at information boards even if theycannot read because they seem to behungry for information. Thisemphasizes the importance forinformation to be presented in a formthat is available to villagers who are

illiterate or neo-literates. The majority of councilors haveyet to understand that posting information can be a wayto make a connection with commune residents and raisethe profile of the councilors.

COMMUNE COUNCILS AND VILLAGE ORGANIZATIONS

The only regularly active VDCs are those supported insome way by development agencies, and they have ongoingprojects and meetings with participants or members of

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the community. VDCs that do not have this externalsupport, whether they are organized by the ProvincialDepartment of Rural Development (PDRD) or anotheragency, are generally not active, although they may beactivated to monitor projects, such as those funded by thecommune development fund. In some areas the PDRDVDCs are active in road repair, however, in many areasthey are not yet active.

When VDCs are active and have good relations with thecommune councils, the two groups tend to meet on aregular basis, on average about twice a month, and morefrequently if they are located in the same area. Manymembers of councils and VDC representatives havedeveloped professional relationships which have facilitatedcommunication and built trust between them. Usually, theVDC representatives have to approach the councilors, asthe councilors generally do not take the lead in visitingvillage representatives. However, when VDCs and villagechiefs request that councilors attend village meetings, thecouncilors do usually attend. In addition to partnering withVDC, it is important for commune councils to work closelywith village based organizations that can provide valuablehuman and in-kind resources for development activities.

ACCOUNTABILITYACCOUNTABILITYACCOUNTABILITYACCOUNTABILITYACCOUNTABILITY

Accountability, defined as councilorsbeing answerable to their communities,has yet to become an established practicewithin the councils. In principle villagersare free to press their representatives forjustification of their decisions andactions. In reality, however, they areunlikely to approach councilors unlesstheir input is actively solicited and formalmechanisms are established thatencourage them to do so. Suchmechanisms are particularly importantgiven the emphasis on status and thedeference paid by villagers to those ofstatus in Cambodian culture.

Development agencies are well-placed topromote accountability of councilors and are already doingso through the organization of village forums. In certainareas, NGOs organize annual village summary meetingsand invite the councilors to attend and answer questionsfrom the public. These local-level forums, which emphasizepublic interaction, are a solid first step for promoting theaccountability of councilors. They provide members ofthe community with opportunities to obtain informationand request justifications for actions taken or not taken bythe councilors.

Interestingly, partner agencies are introducing councilorsto concepts of accountability by helping them practicepressuring higher level officials to be accountable for theiractions. The advocacy cases in this publication indicatethat it is a challenge for councilors to advocate for changein behavior, but the growing body of examples show thatmore efforts are being made in that direction. Throughformal and informal meetings and public forums,councilors are learning to approach officials and questionthem. In this sense councilors are beginning to practicethe very behavior that proponents of decentralization hopevillagers will one day practice with their councilors.

TRANSPARENCYTRANSPARENCYTRANSPARENCYTRANSPARENCYTRANSPARENCY

Since the establishment of the councils, councilors havebeen learning about financial management as part of thetraining they receive from the national government. Properfinancial management is required for councils to accessthe commune development funds. However, theserequirements do not extend to all the funds, in particularpublic contributions. Numerous stories circulate ofcommune chiefs and clerks colluding to divert a part ofthe public contributions intended for communedevelopment projects for their own use. As there is nomechanism to verify the amount of contributions, it is

virtually impossible to determine howmuch truth there is in these rumors.

In addition to the commune developmentfunds and the required communitycontributions, communes have othersources of income. These includeadministrative fees from the registrationsof births, deaths and marriages,occasional market fees, road use fees,garbage collection fees, contributionsfrom private individuals, and additionalfunds collected from the public for roadrepair and other activities. OccasionallyNGOs transfer responsibility for villagecredit programs to the councils, and thesemay be another source of income for the

commune.

Development agencies occasionally provide grants tocommune councils to implement projects. Because of theirextensive experience, partner agencies have sufficientfinancial management skills to elicit proper financialreporting from the councils. For the most part, the agencieshave been satisfied with the financial reporting of councilgrants, although cases exist in which commune councilchiefs have been caught mismanaging grant funds. In these

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cases, it is important that partner agencies take action tocorrect the situation, either by canceling future activitiesor working closely with commune councils to solve issuesso that trust can be re-established.

PUBLIC EXPECTATIONSPUBLIC EXPECTATIONSPUBLIC EXPECTATIONSPUBLIC EXPECTATIONSPUBLIC EXPECTATIONS

The public is generally satisfied withthe quality and selection of communeprojects. However, the majority haveexperienced little or no improvementin their standard of living since thecouncils were established. In fact thisdeclaration is difficult to assess: On theone hand, many communities haveexperienced severe food shortages inthe past two years. On the other hand,the roofs of the most modest thatchedhouses in a large number of villagesare being upgraded and the numberof televisions per household continuesto increase.

Nevertheless, commune councilors are aware of thediscontent of villagers and frustrated by their inability torespond due to lack of resources and limited skill capacity.It is not clear how rising unmet public expectations mayimpact the performance of the councilors. However, it isimportant that councilors and their constituents understandthe causes of poverty and the extent to which councilorscan realistically address poverty issues.

POLITICAL INFLUENCESPOLITICAL INFLUENCESPOLITICAL INFLUENCESPOLITICAL INFLUENCESPOLITICAL INFLUENCES

Not surprisingly, politics do enter into play at the communecouncil level. The first indication is reports of bias in thedistribution of emergency assistance when communecouncilors are involved: apparently people who belong tothe party that holds the majority in the council are the firstto receive assistance, and they receive assistance morefrequently than non-party members. There are alsofrequent reports from villagers that a commune counciloraffiliated with Party A is unlikely to assist avillager who belongs to Party B in solving aproblem. This is not only an issue relating toCambodia but is repeated globally.

In view of the fact that council performanceis heavily dependent on the skills of theelected officials, the process by which thecandidates are selected deserves particularscrutiny, and yet the topic is rarely raised indiscussions regarding the councils. It is

important to point out that a candidate selection processcompromises the decentralization process if candidatesplaced high on party lists lack the necessary leadership andmanagement skills and are not fully committed toadvancing the interests of their constituents.Political parties do make an effort to identify popular

candidates. But in many cases thoseelected to office do not have therequisite skills. Some villagers andcouncilors alike are frustrated whenfaced with the reality that they areburdened with an unqualified councilchief. Specific information on thecandidate selection process is difficultto access. In some communes,members of the ruling party holdinformal elections at the communelevel to finalize the candidate list. Thisis not the case in all communes andoften party members at the villagelevel have no idea how the candidatelist is prepared. In some cases eventhe candidates who were electedcannot explain how they were

selected. The minority parties do not have the privilege ofholding informal elections to make the party list moredemocratic because it is reported that party members wouldbe too afraid to attend. Selection of candidates is done byparty officials who canvas communities looking for popularindividuals who would be good candidates. While theleading party in Cambodia has many party agents presentat the local level, making it easy to identify good candidates,for smaller or non-ruling parties it is harder to identifygood candidates at the village level. Over time all partieswill make it a priority to select good local candidates.

FUTURE CONSIDERATIONSFUTURE CONSIDERATIONSFUTURE CONSIDERATIONSFUTURE CONSIDERATIONSFUTURE CONSIDERATIONS

Commune councils have much progress to make in thearea of governance practices. Partner agencies areparticularly well suited to advance the goals ofparticipation, accountability and transparency in the interestof Cambodian society. All three governance aspects need

to be constantly encouraged andincorporated as requirements wheneverdevelopment agencies enter intopartnerships with commune councils.

At this time, there are no requirements forthe councils to report commune revenuesto their constituents and there are no publicor institutional pressures advocating forimproved transparency. In the future it isimportant for councilors to learn that lack

Village announcement board

Many villagers arefrustrated overcouncilors from onepolitical partyrefusing to interveneon behalf of a villagerfrom a differentparty.

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of transparency adversely affects trust between councilsand partner agencies and that it is in the interest ofcouncilors to introduce full public disclosure of allcommune revenues. In the short term it is clear that partneragencies can influence council governance practices. Inthe long term, however, the goal is for these practices tobe institutionalized and for the citizenry to hold thecouncils accountable.

With regard to public expectations, it is important forpartners to help councilors understand the causes ofpoverty and of other problems that occur in thecommunes. Partners can also help strengthen councils byhelping councilors educate the public about their roles andresponsibilities. In this manner, partners can helpcouncilors design appropriate responses and avoid thefrustration that builds when unrealistic expectations arenot met.

Political influences indicate that the interest of grassrootsdecentralization will best be served if the selection processof commune council candidates is opened up to partymembers so that members can participate in selecting themost qualified and committed candidates.

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LEADERSHIP & MANAGEMENTCommune council activities and the quality of governancepractices are influenced by the leadership qualities of thecouncil members. In their first term of office the councilsare constrained by the fact that the majority of the councilchiefs are former commune chiefs, and hence areaccustomed to the management practices of a centralizedgoverning style.

CHALLENGES

The main challenge of the leadership carryover is thatcouncilors are unprepared for the transition from anautocratic to a consultative management style. Councilchiefs often fail to make information public, keepingreports at home and not sharing them with othercouncilors, particularly those representing oppositionparties.

Although councils generally claim to reach decisionsthrough a majority vote, it is evident that the more sociallyacceptable practice of reaching consensus is usually thenorm. The members of a council discuss an issue untilthey reach consensus. The vote is taken only when everyoneknows that the decision will be unanimous. Only in councilsthat have higher levels of political tension is the decision-making process different in that whenthe discussion reaches consensus, forexample when the commune chieffirst asks his councilors to raise theirhands for agreement or disagreement,he keeps his own hand down. If thenumber of people that agrees is thesame as the number of people thatdisagrees, he decides with his ownvote.

Delegation of responsibilities is anongoing source of tension in mostcouncils. The problem arises when thecommune council chief does not delegate responsibilitiesto the first and second deputies in accordance with theguidelines set out in the Commune Administration Law.One of the reasons for this is that some deputies havelimited skills and are not able to discharge the dutiesassociated with their office. However, political pressurehas an important effect: commune council chiefs arediscouraged by their parties from delegating tasks whichreflect positively on the executor involved. Examples ofsuch tasks include facilitating key meetings, receivingimportant guests, and implementing activities in the villagesthat improve and increase community support.

Examples of good delegation and leadership qualities doexist. One commune council chief, for example,acknowledges that most of the councilors have very limitedskills, but instead of dismissing them as ineffective, theyare encouraged to keep trying to learn. At the village level,the commune council is intent on helping village chiefsbuild up their own leadership skills and increase theirknowledge of development issues. For this reason, thecommune council chief encourages the village chiefs tohandle the preparation of village plans on his/her own,rather than at a meeting led by commune councilors.

Finally, courage and confidence are other qualities thatdefine the leadership of the council. Councilors who aretimid are less active in pursuing the interests of theircommunities. To illustrate, one council has a signedcommitment from the Department of Health to constructa health center. For over a year the Department has notacted on its commitment and the councilors have notvisited the Department office to inquire why and demandthat the District takes action.

PARTNER INPUTS & FUTURE CONSIDERATIONS

Development actors who work with commune councilsagree that change in themanagement styles and attitudes ofcouncilors will be slow in coming.Nevertheless, there are someactivities that partners can do topromote that change. Civil societyorganizations and other relevantagencies can assist communecouncils by being knowledgeable ofthe official guidelines regarding theassignment of responsibilities inorder to encourage council chiefs tofollow those guidelines. They canalso help councilors build their

capacity to perform duties so that council chiefs feelconfident in delegating tasks to them.

Political pressure is a more difficult issue for civil societyto deal with. Evidence suggests that tension due to partypolitics is reduced as an institution matures. Alreadycouncilors from various parties report that tension amongcouncilors due to political polarization has decreased sincethe establishment of the councils. Civil societyorganizations can help councils to resist pressure byintroducing concepts related to democracy, human rights,and especially the application of decentralization practicesat the national, sub-national and local levels.

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Benefits of partnerships and interaction

“A neighboring Commune [Rom Chrey] hasa lot of interaction with villagers. If peoplelack water resources, the commune councilchief knows how to network withorganizations to see if any can assist insolving the problem. The commune councilchief does not know how to educate thepublic, so he looks for an agency that cando it. He considers that any work in thecommune is of importance to him. He allowshis staff to try to help solve any problemsencountered by the organizations. Thequality of the council does not depend solelyon the characteristics and skills of thecommune chief, but on a group of 3-4councilors who take turns getting involved.”

RDA Staff

Partners can help foster good management practices byrewarding initiative building decision making capacity andremaining vigilant when councilors make judgment errors.A few partner agencies have already experienced difficultieswith councilors and found that by expressing clearexpectations of behavior it is possible to effect change inbehavior. It is important for partner agencies to spend timein the communes to interact with a range of councilorsand stakeholders in order to obtain multiple perspectiveson situations.

Attitudinal change within the councils is often slow.Commune council chiefs retain their tendency to stay incontrol and to practice top-down management. In anumber of councils the commune council chiefs aresuspected of colluding with the clerks to misappropriatefunds. Other councilors that are aware of the problem areoften too intimidated to discuss it with outsiders. In somecases councilors from the same party as the commune chiefhave wished to quit because of lack of transparency. Theseproblems occur for the most part in areas where the formercommune chief was elected commune council chief. Inthe areas where the commune council chief is a newcomer,progress is much more rapid.

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Police watch as equipment used for illegalfishing is destroyed in O’Tapong Pursat

PARTNERSHIP STRATEGIESThere is a wide range of distinctive approaches thatorganizations are taking to their work with communecouncils, spanning from village and commune councileducation to more complex activities such as lobbying.At the same time, the majority of partnership programsare not fully mature: organizations are working fromunstructured rather than prepared strategies. The purposeof this publication is to provide an overview of the rangeof current partnership activities so that program managerscan design more comprehensive programs.

VILLAGE LEVEL ACTIVITIES

A number of partnership activities take place at the villagelevel. The most fundamental is basic public education onthe role and responsibilities of the commune council.Evidence from a number ofevaluations and studies suggestthat villagers are still vagueabout the role of the communecouncil and often are not evenfamiliar with the term despitevoting for commune councils,although there is increasedawareness that communeauthorities are involved indevelopment projects that arebeing implemented in thecommunes. Programs focus onincreasing public participationin the monthly councilmeetings through the creationof village networks toencourage villagers to attendthe meetings or simply byproviding resources forindividuals to travel to themeetings. Such programs arestill extremely limited innumber. However, as recent studies emphasize the needfor increased public participation to develop accountability,more attention is expected to be given to public educationin the future.

Partner agencies support the councils by assisting themin the preparation of village plans as part of the localplanning process. This continues to represent an importantaspect of partner activities. Partners also support thecouncils by involving them in their own village activities.In some cases development agencies hold annual summarymeetings of their activities in each village and includecouncil participation as part of the meetings. Theseactivities increase communication between villagers and

their representatives and provide opportunities forvillagers to hold the councilors responsible. A smallnumber of partners provide councils with annual reportsof their activities.

In addition to opening up communication with villagersand submitting reports to commune councils, someagencies provide councils with direct grants for villageactivities. Grants are provided for a range of activities,from construction of a commune office to organizingliteracy classes. Literacy classes are provided with assistancefrom the Provincial Department of Education, Youth andSport/office of non-formal education, which trainsteachers in literacy education. Such activities can beaccomplished at a low cost and they provide councilors

with an opportunity topractice managing projects. Atthe same time, there is a needfor close monitoring ofgrants to reduce the risk ofmismanagement of funds.Agencies also have differingperspectives as to whether themanagement of developmentprojects should become aregular council activity.

Partner agencies help tostrengthen councils bypromoting engagementbetween VDCs and thecouncilors. In one case adevelopment agency ishelping to organize anassociation of VDCs thatmeet at the commune level.When problems occur in thevillages they can be brought

to the attention of the council through the association ofVDCs. Partner agencies also encourage VDCrepresentatives to attend the monthly council meetings,although irregular VDC attendance at those meetingssuggests that the importance of this activity has not beenadequately understood.

COMMUNE LEVEL ACTIVITIES

The most common partnership activities involve directcapacity building of councilors through workshops andcoaching meetings. Nearly all organizations interviewedindicated that they invite councilors to attend any trainingcourses that are held in their area. Topics include repetitionof the Royal Government’s training modules, covering

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Among the various strategies that partner agenciesuse to support commune councils, the following havebeen identified as BEST PRACTICES:

• Advocating for public disclosure of communerevenues

• Promoting creation of a committee to accessinformation from community volunteernetworks

• Organizing visits to courts and governmentdepartments; exchange visits

• Promoting inter-commune meetings

topics such as administration, responsibilities ofcouncilors, report writing, financial management, as wellas important skills such as meeting facilitation andparticipatory rural appraisal. Occasionally partners providetraining opportunities in more creative topics such asmanaging community funds, leadership, and conflicttransformation. Follow-up to training activities varieswidely between organizations, with some agenciesproviding intensive and regular follow-up, and othersoffering no indication that they conduct systematic followup.

Coaching activities, in which partner staff visit the counciloffice on a regular basis, are considered an importantfeature of any support program. Partner personnel agreethat it is only during regular visits, in which an effort ismade to talk to councilors individually and gain their trust,so that they can learn about the real situation in thecommune. Staying overnight in the commune withdifferent members of the council and of the communityis cited as an important method for understandingcommune dynamics.

Through the provision of grants, agencies help councilsto develop their project management skills. Importantly,these grants provide leverage for partners to require adegree of transparency that the public is not yet in aposition to command. For example, one NGO has workedwith a council that was less than forthright about the useof grant funds. The NGO maintained relations with thecouncil but suspended activity for two months until thecouncilors approached the agency with a changed attitude.It is in these cases, in which the partner agency maintainscommunication but clearly defines expectations oftransparency, that the prospects for behavioral change areat their highest.

Some partner agencies make it a point to attend themonthly council meetings in order to ensure their regularityand encourage other members of the community to attend.Some agencies have attended all the meetings since thecouncils were elected in 2002, but these are few in number.Poor attendance by anyone except the councilors at themonthly meetings suggests that agencies have yet tounderstand the important governance aspect of having acivil society presence at council meetings.

Partnership agencies assist councilors to organize publicforums. These vary between general public meetingsattended by various officials and those organized aroundan issue. General meetings allow members of the publicto ask councilors and officials questions about theirresponsibilities and about their current activities, promotingmechanisms for accountability. Forums organized aroundissues such as fisheries, help to raise awareness of problems

and build momentum for higher level political support tosolve problems.

A number of agencies are focusing particularly on the roleof women as constituents and councilors. One strategy isto provide public education to women on topics related tocommune councils. The purpose is to build their technicalskills and confidence so that they can one day considerbecoming candidates for the council. Another strategy isto provide special training to women councilors inadvocacy, governance and the role of the councilors, againwith the aim of increasing their confidence so that theymay take a more active role in the councils.

A partner agency has collaborated with commune councilsto develop an official sub-committee to each council forthe management and resolution of small-scale disputes.Although this represents a more complex level ofassistance, the case highlights the types of activity thatpartners can support at the council level.

Development agencies are also beginning to developassessment tools for commune performance. In a few casespartners are conducting baseline surveys to establishcomparison data on performance. In other cases agenciesare conducting interviews in the communes and comparingresponses by councilors and villagers to see how theiropinions coincide or differ.

INTER-COMMUNE & DISTRICT ACTIVITIES

Efforts are increasing to bring councilors from differentcommunes together to exchange experiences. In some casesthe exchange is done on a limited basis, for example duringstudy tours to a different province. Councilors cite theseexperiences as being particularly useful to them since theyprovide a chance to observe model projects in action andto have in-depth discussions with other councilors onparticular challenges.

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Councilors from neighboring communes are occasionallybrought together in larger groups, for example during thepublic forums organized around specific issues. Morerecently partner agencies have organized meetings of allthe commune councils from one district and there appearsto be some interest in continuing this kind of activity. Someagencies point out that associative efforts are more likelyto succeed if they are built around specific issues directlyaffecting villagers. For those issues that go across communeboundaries, these boundaries should not limit intra-commune links and should be addressed at the regionallevels affected by the issue.

PROVINCIAL LEVEL

Partner agencies have been particularly helpful to councilsby helping them access higher officials by providing themwith opportunities to attend provincial forums. These arethe types of opportunities that councilors have not beenable to create for themselves. They have the double benefitof increasing communication with officials while buildingthe confidence of councilors.

Another activity that serves the same purpose is theorganizing of field trips by partners so that councilors canmeet with officials from specific departments and ask themquestions. Agencies have organized field trips to meet theDirector of Health in one province and to observe howcourt cases are processed at the provincial level. This typeof exposure greatly enhances a councilor’s ability tounderstand government processes and relay thatunderstanding to villagers so as to improve access.

In one province, a partner agency has included closecollaboration with the POLA administrative unitresponsible for disseminating new laws and providing someof the training to the councils. The aim of collaboration isto increase POLA contact with the councils so that thePOLA officer has a better understanding of the limitationsof the councilors and of the challenges they encounter.

At the policy level, partner agencies support the communecouncils by lobbying the Royal Government on a numberof issues, such as improving the policies of the Seilaprogram, simplifying the paperwork required of thecouncils and a mechanism by which partner agencies canfund councils through the Government’s CommuneDevelopment Fund.

BUILDING NGO CAPACITY

A number of agencies work indirectly to build the capacityof councils by supporting and improving the capacity oflocal NGOs to work with the councils. This includes grant-making agencies that now require their partners to workdirectly with commune councils as part of their partnershipcriteria. This strategy may be particularly effective as somesmall to medium local NGOs (with a permanent presenceat the district level) appear to have developed excellentworking relations with the councils.

Finally, a number of organizations build capacity ofcouncils and NGOs through the provision of workshopsand training courses on topics related to local governanceand decentralization. Distribution of newsletters andsharing of training curricula are yet other activities thatpartners are implementing as part of their support ofcommune councils.

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RECOMMENDATIONSThe following can be considered the most importantconsiderations for partnering organizations that intendto pursue a strategy of working with commune councils:

1. Strategic Selection of Commune Councils.Currently partner agencies tend to select the councilsthey work with by default, because they are alreadyworking with CBOs or VDCs in that commune.Partners often encounter frustrating situations whencouncilors are not committed to good governance orwhen no amount of trainingappears to increase thecapacity of the council. In thefuture, partner agencies needto target commune councilsstrategically by identifyingthose that demonstrate themost potential to ensure thatscarce resources are allocatedto the councils that can makemost effective use of them.Partner relationships andcontinued funding of councilactivities should be contingent upon good performancethat is assessed by the partnering organizations on aregular basis.

2. Participatory Development of StandardCouncil Assessment Tool. In order to targetassistance to councils strategically, partners needto be able to assess council performance, bothinitially and throughout the life of a project. Anumber of agencies are already in the process ofdeveloping assessment tools. The interests of civilsociety will best be served if partner agencies cometogether to develop a standard assessment tool.Such a tool can be shared with smallerorganizations, particularly local NGOs that do nothave the capacity to develop one on their own. Astandardized tool will also facilitate comparison ofcouncil performance. It is imperative that councilsbe included as an integral part of the developmentof the tool. In this way, councilors can haveownership of the criteria by which they wish to beassessed and ensure that partner expectations arerealistic. Ideally, the tool could be used as a self-assessment tool by the councils as well as forexternal assessments.

3. Documentation and dissemination of lessonslearned to partner agencies and othercommune councils. The findings of thispublication suggest that although the councils havebeen in office but a short time, both councils andpartner agencies are already beginning to build upa significant body of experience. However, thefocus on action and capacity building has resultedin a deficiency of documentation. It is essentialthat partner agencies include documentation of

experiences, preparation of casestudies and dissemination oflessons learned in their futureplans. An important aspect willbe the identification of modelprocesses and activities that canbe adopted by other councils. Forexample, information onadvocacy activities, particularly onhow communes join forces topressure higher officials forchange, will be key to inspiringother communes to become pro-

active, particularly those communes that do notbenefit from the support of outside agencies.

4. Targeting the commune council and not justthe commune administration. An oftenoverlooked aspect in partnerships is the importanceof including all councilors in partnership activitiesand not limiting participation to the three councilofficers that make up the council administration.It is the presence of the regular members that addsto the depth of the decentralization model becauseit ensures that the council represents a range ofperspectives. Currently many partnership effortstend to focus on the commune administrators(commune council chief, first deputy and seconddeputy). In the future, partners should selectparticipants for meetings and workshops torepresent an even mix of officers and regularmembers of the council. This will help to avoidconsolidating the power of the communeadministration, include more women in the processand ensure that the capacity of the council isdeveloped more evenly.

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5. Provide similar support to all villages forcommune level activities. Partner agencies thatprovide support to village associations need to beaware that uneven support to villages, particularlyfor commune level meetings, can create tension forthe councilors. When partners support communeactivities in which representatives from all villagesattend, they should provide support(transportation, meals) for all participants, even ifthey are not working in all the villages. Currentlysome organizations follow this practice, but othersdo not, creating a strain for councilors whenvillagers complain they are being treated unfairly.

6. Identify strategic entry points to governmentcommune support programs. As a number ofagencies are showing, targeted collaboration withthe Royal Government’s decentralization effortscan strengthen the capacity of the councils whilereducing duplication of efforts and inefficientresources. For example, partners can attendtraining-of-trainer workshops and other capacitybuilding activities provided by the district andprovincial facilitators and then in turn train thecouncilors themselves. They can signal to thefacilitators which councils need additionalassistance. They can become more active in theplanning process and particularly in the districtintegration workshops, where the communesconsolidate their plans with all developmentagencies working in their area. Partners can forgeties with the Provincial Office of LocalAdministration to raise awareness of communeissues and capacity and target administrators ofthe Seila program to suggest improvements for thelocal planning process.

7. Provide councils with opportunities to accesshigh officials. Perhaps one of the most importantcontributions that partners can make to the capacitybuilding of councilors is creating opportunities forcouncilors to access higher officials from theprovincial governments and various linedepartments. Whether through field visits toprovincial offices or through the organizing ofpublic forums at the commune, interaction withhigher officials allows councilors to practice thekind of accountability that a strong civil societywill one day require of them. Exposure of this kindbuilds confidence in addition to allowing councilorsto obtain answers that they can relay to theirconstituents.

8. Increase public education on the roles andresponsibilities of councilors. Participation,accountability and transparency will only becomeengrained when voters require these qualities fromtheir representatives. Currently villagers areignorant of the role of the councils and themajority is not familiar with the term ‘communecouncil,’ even though they voted in the 2002commune elections. Partner agencies can applysome leverage to improve governance practiceswithin the councils but significant efforts areneeded, including large scale media campaigns, totransfer that responsibility to the voters, includinglarge-scale media campaigns and methods that canbe used by voters to make their elected officialsmore accountable.

9. Advocate for public disclosure of revenues. Animportant part of good governance is publicdisclosure of revenues and expenses. Partneragencies are well positioned to begin to inculcate aculture of full public disclosure of communerevenues, including administrative fees and publiccontributions. The absence of transparencythreatens to undermine public credibility in theinstitution of the councils and discourage directexternal assistance to the councils. Partner agencieshave a responsibility to encourage councils thatagree to full public disclosure so that others mayfollow their lead.

10. Promote fair distribution of council activitiesand resources. The inclusion of the poor andother disadvantaged groups and women asbeneficiaries of council activities and projects ispart of good governance. It is also important toensure that such activities are non-partisan and allcommune council constituents are treated equallyregardless of political or religious affiliation. Failureto distribute commune council activities andresources equitably threatens to deepen the dividein communes rather than eliminating them.

11. Increase capacity of commune councils tocreate best practice deccas. Commune councilsneed training in order to ensure that the deccasdrafted by commune councils are suitable andbenefit communes. In addition to the deccas thatare compulsory, commune councils need furthertraining on how to draft democratically sound deccasthat apply and are beneficial to commune councilconstituents.

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Activities during a commune councilmeeting in Chroy Sdao, Battambang

12. Provide space for inter-commune interaction.Commune councils need to continue to learn morefrom each other. Increased communication andinteraction between communes will lead toenhanced power among commune councils, andan increase in best practices as exchanges allowcommune councils to learn from each others’successes. It will also provide communes withmodels of good governance.

13. Institute public forums between communecouncils and civil society. Public forums betweencommune councils and civil society on the national,provincial and local levels are an importantcomponent of good governance that provideinformation and increase the accountability andtransparency of the commune councils for thebenefit of the public.

14. Develop commune council service marketingplans. Public information on services providedby commune councils is important to increasingthe villagers’ access to those services. Communecouncil constituents need to be aware of what theycan expect from their local leaders and therefore itis important that commune councils are trained inhow to most efficiently disseminate thisinformation in their communes. These marketingstrategies include both how to use the media as ameans of announcing commune council services,and how to most efficiently use traditionalnetworking tools.

15. Develop and promote a process for holdingmonthly meetings that encourages morebroad-based commune attendance. Citizensshould have an opportunity to be lead by communecouncils through regular public meetings. In orderto ensure that citizens know about the meetingsthat take place, a strategy needs to be establishedin each commune for organizing the monthlycommune council meetings. This includes timelydissemination of comprehensive information thatdetails upcoming meetings. It is also importantthat these meetings apply to all citizens in thecommune, regardless of status, and that illiteratecitizens understand there is a meeting.

16. Publications developed that address communecouncil challenges. An important aspect offacilitating the democratization process inCambodia is the dissemination of information toall stake holders and other interested groups.Publications should be produced that targetcommune councils and are appropriatelyformulated for their use in order to provide aneducation for commune council staff.

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CONCLUSIONThis publication reveals that councils are more active andperforming a wider range of activities than is generallyassumed. While the overall capacity of the councilsremains limited, councilors are acquiring basicadministrative skills and they are participating in generaldevelopment and problem solving activities to improvethe welfare of the communities they represent. Moreimportantly, they are developing a tangible sense ofownership and responsibility for commune activities anda sense of control over what happens in their areas.

At the same time, current governance practices indicatethat there is plenty of room for improvement. At thisstage, councils are likely to incorporate governanceprinciples such as participation, transparency,and accountability only to the extent that theare required to do so. Until those practicesbecome intrinsic to the governance structures,it is important that such requirements aremaintained and that every opportunity be usedto reinforce good practices. At the same time,it is important to keep in mind the variouspressures and limitations that councils face andto remain aware of the enormity of thetransformations from the previousadministrative system.

Interaction between commune councils andcivil society organizations can be characterizedin various ways. Partners can provide muchneeded financial and technical resources to acouncil while building the capacity andconfidence of its councilors. Partners createopportunities for councilors to access higher officials anddepartment officials whom they might otherwise meetonly once a year at the District Integration Workshop.Conversely, councils often help solve problems on NGOdevelopment projects at the grassroots level. They lendauthority to NGO activities by attending meetings

organized by development agencies, VDCs, and CBOs.Together, commune councils and development agenciescollaborate to address complex problems such as fisheries,land and forestry violations.

To some extent, councilors are target recipients for partnersupport and risk being overwhelmed by developmentagencies that are increasingly placing them at the centerof their strategies and potentially expecting them toimplement NGO programs in the future. Similarly, anumber of sectors, such as education and health, haveexpressed an intention for commune councils to play anincreasingly important role in their strategies. There is adanger of partner agencies harboring unrealistic

expectations of the commune councils. At thesame time, councils present a challenge todevelopment agencies when the councils’interests are not aligned with good governancepractices.

Partnerships with commune councils willclearly continue to become a more importantpart of partner agencies’ good governancestrategies for Cambodia. The presence ofpartner agencies in a commune almostcertainly helps the councils improve theirgovernance practices. The ultimate goal inthe partnership is to improve local governancein Cambodia by increasing the accountabilityof the councils to their constituents and notto outside development agencies. Bypracticing a deliberate strategy of educatingcommune council constituents and

encouraging them to participate in public affairs, effectivegovernance practices will take root in Cambodia at thecommune level thus providing a better chance to improvethe livelihoods of the Cambodian people through furtherwidening the democratic space.

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PARTNER PROFILESThe advancement of good governance in communecouncils around the country would not be at the stage it iswere it not for partner organizations. Numerous civilsociety organizations are working with commune councilsto make them more efficient democratic leaders in theircommunes. This section does not provide a complete listof all the organizations that work with communecouncilors in Cambodia, rather it is an illustrative list oforganizations, which provides examples of what activitiesorganizations have done and can do in commune councilwork.

AMARA

Amara’s Empowerment of Women in Politics is in 30 communesin Battambang and Banteay Meanchey. As part of theprogram, female councilors learn about law, human rightsand gender issues. After the training, Amara invites theparticipants to disseminate information learned from thetraining amongst people in their villages. The goal of theprogram is to give women politicians the technical skillsand confidence to lobby for change and actively voice theneeds of women and children in their community.

Amara also monitors community meetings and establisheswomen’s programs that address issues of domesticviolence, civil registration and health. One of Amara’s maingoals is to get more women elected in commune and villagecouncils.

ASSOCIATION COOPERATION FOR ECONOMIC DEVELOPMENT

(ACED)

ACED was founded in 1996 and is currently working in 8villages of Bavel Commune. ACED is a CIDSE partner.Among current and planned activities with communecouncil, ACED include:

Training Needs Assessment with the commune councilRegular attendance at the monthly council meetings.Organizing public forums.Regular attendance at the weekly district meetingattended by commune councils.Submission of a copy of ACED’s activity reports everythree months to the council.Annual ‘end of year meeting’ in each of its villages toreview the achievements of the past year, attended byvillage chiefs, VDCs and commune councilors.

ACED began cooperating with the commune authoritiesbefore the councils were elected. The organization invitedthe commune chief to all workshops organized by ACED.

During the preparation of the annual plan in May, ACEDstaff conducted PRAs with villagers, VDC representatives,and village chief in each village to identify problems andestablish priorities. It was then that it became obvious thatmost villagers did not understand the meaning ofdecentralization, how they help poor people in the village,and the rules that guide council activities. During the settingof the plan with the village, it was decided that the bestway to solve the lack of knowledge about communecouncils by villagers was to set up a public forum in whichcouncilors would explain their role and villagers could askquestions.

BUDDHISM AND DEMOCRACY (B&D)

Buddhism & Democracy recently completed a baselinesurvey of five commune councils located in five differentdistricts. In preparation for the survey, B&D invited anumber of local NGOs working with commune councilsin Battambang to provide feedback on the assessment tool.The survey covered three main topics: public participation,local governance and capacity and knowledge of communecouncils.

Findings showed that commune councils with no NGOsupport experience difficulty mobilizing publicparticipation and raising contributions. Most villagers arenot aware of the commune council’s work and do notunderstand decentralization concepts. Often they are noteven familiar with the phrase ‘commune council.’Communes that benefit from NGO support are moreeffective at implementing their plans.

All the councilors reported that they do not understandtheir roles and responsibilities. The work styles and levelof performance are generally comparable to the pre-commune election period. Meetings are held irregularly.Most council chiefs are newly-elected and generally listento the first or second deputies who are from the CPP party.In general, the deputies are party leaders who were formercommune chiefs. Commune councilors lack initiative andare not knowledgeable about decentralization. They tendto wait for orders from the district and/or party leaders.They feel that they have no authority and no decision-making powers and must obtain permission from higherlevels.

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BUDDHISM FOR DEVELOPMENT (BFD)

Buddhism for Development (BFD) is currentlycollaborating with 39 commune councils in the provincesof Battambang, Banteay Meanchey and Odar Meanchey.It is involved with commune council training, capacitybuilding and advisory programs, women’s empowermentand has established an elaborate and effective human rightsmonitoring system.

In Sangker District of Battambang, BFD collaboratesclosely with the Provincial Office of Local Administration(POLA) to ensure that there is mutual accountability andthat the ten councils in the district hold regular meetingsand submit required reports in a timely fashion. The POLAoffice regularly accompanies BFD staff on monitoringvisits. These visits are supplemented by additional coachingvisits in which BFD staff help the councilors understandnew proclamations that have been issued.

In Banteay Meanchey and Odar Meanchey, BFD is helpingthe councils establish new committees within the communecouncil structure through the creation of a Subcommittee forthe Prevention and Management of Human Rights Violations(CPMHRV). The subcommittees are made up of onecouncilor and prominent members of the community, suchas monks, laypeople, teachers and capable villagers. Acommittee usually has five to six members who meetmonthly and when cases arise. The CPMHRVsubcommittees benefit from receiving information froma network of BFD’s Peace and Development Volunteers(PDV).

Working in collaboration with the Department of Women’sAffairs, the justice system, and human rights organizations,BFD has organized a separate network of village HumanRights Volunteers called Human Rights Watchdog whomonitor the human rights situation and identify violations.Unlike the PDVs, the HRVs do not provide informationto the council, as they undertake a watchdog role. Thecombined efforts of these two groups provides thefoundation of a mutually-reinforcing, mutually-offsettingpartnership that identifies and assesses human rightsviolations.

COMMUNE COUNCIL SUPPORT PROJECT (CCSP)

Since its inception in December of 2000, CCSP hasprovided training on decentralization for NGOs thatimplement commune council and local governanceprograms in 13 provincial “focal points.” The trainingprovides local NGOs with the skills to facilitate their owntrainings of commune council members. It also builds thecapacities of these NGOs to better understand thelogistical challenges of the decentralization process.

CCSP has also taken on an important communicative rolein the information network that is crucial to thedecentralization process. CCSP serves as NGO liaisonofficer at DOLA that connects NGOs and civil societywith the NCSC at the Ministry of Interior. It also publishesand distributes 2,000 copies bi-monthly of an 8-pagedecentralization bulletin to NGOs, government offices,commune councils, embassies and media organizations allover the country. The organization sponsors a monthlydecentralization lecture series in Phnom Penh andmaintains a library consisting of over 300 decentralizationpublications (international and Cambodian) that areavailable to the general public.

CONCERN PURSAT

CONCERN began working in Pursat, O’Tapong in 1993.From 1999 until the end of the present project cycle (March2004), CONCERN is implementing a Capacity Buildingfor Rural Development (CBRD) program to build thecapacity of local development actors, including communecouncilors, VDC and CBO representatives, village chiefsand community leaders.

CONCERN capacity building for commune councilsin Pursat includes:

Supplementary training on the Local Planning Process(LPP) of the Royal Government’s Seila program.

Assisting commune councils to conduct their ownworkshops on road maintenance.

Commune forum on fisheries.

Workshop on managing village community funds atthe commune-level.

Assisting the commune councils to publicizeinformation about the status of the funds at the locallevel, by encouraging councils to have disseminationmeetings at the village level.

Various working meetings – coaching – withcommune councilors to review topics such as how tomake a simple presentation to visitors, basicbookkeeping, report writing, and proposal writing.

Inter-provincial and intra-provincial exposure trips.

Grants for commune council activities including:

Construction of commune council officesLatrines for schools, commune offices, etc.Road repair projects & culvertsIncome generation: bicycles and oxen

Developed Group Progress Indicators for communecouncil performance and conducted a baselineexercise.

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CONCERN SIEM REAP

CONCERN is working with commune councils, VDCsand CBOs in three districts of Siem Reap. In 2001 it startedto work directly with the Commune DevelopmentCommittees (CDCs). CONCERN has three models ofinteraction with the councils:

• Model 1: VDCs and commune councils receive bothproject support and capacity building.

• Model 2: commune councils receive project supportand capacity building.

• Model 3: commune councils only receive capacitybuilding support.

CONCERN has also conducted a workshop with theDepartment of Treasury, PDRD and Seila representatives,and commune councilors. The aim of the workshop wasto identify a financial mechanism by which to channel fundsdirectly to the councils. After the workshop, CONCERNdecided to select the ‘System 3’ accounting system whichpromotes the greatest financial transparency. The systemrequires that the individuals preparing disbursementrequests, assuming responsibility for the funds, andauthorizing the disbursements are three different people.The system would also require immediate recording ofcommune funds by the council upon receipt (currentlycouncils are not recording income). The deputy chiefwould be responsible for the commune funds. Before adisbursement could take place, the PBC, commune counciland community leaders would need to meet and agree onexpenditures. The clerk would then prepare a request fordisbursement. Finally, the request for disbursement wouldbe approved by the commune chief. In the next steps,CONCERN, commune councilors, the TreasuryDepartment and the Royal Government will set abouttesting whether this system can be successfullyimplemented.

COOPERATION INTERNATIONALE POUR LE DEVELOPPEMENT

ET LA SOLIDARITE (CIDSE)

CIDSE is working in 7 communes in Chum Kiri Districtand 24 villages. CIDSE’s basic approach is to organizeVDCs and in the future it will organize CBOs in the villages.CIDSE’s project implementation plan for Chum Kiriincludes defining a strategy to work with all 7 communecouncils. CIDSE supports the VDCs and the variousproject sub-committees (PSC) in organizing activities.Capacity building is done through meetings, workshops,training activities and exposure visits.

Since 2000, CIDSE has been facilitating the creation ofVDC associations that meet at the commune level. Thereare three associations. The purpose of the meetings, whichtake place every three months, is to exchange experiences

and identify common problems. Also, when a VDCencounters a problem in a village that falls within the realmof responsibility of the commune council, they can go tothe VDC association, which will then approach thecommune council. Each VDC has 7 members, and about50 participants attend each of the association’s meeting.CIDSE staff accompanies commune councils to thevillages to facilitate planning meetings. The NGO has alsoorganized a number of study tours for communecouncilors.

GERMAN TECHNICAL COOPERATION (GTZ) KAMPONG

THOM

At the provincial level, GTZ supports the Provincial RuralDevelopment Program. This support includes advisory andassistance to PDRD, PDAFF, LAU, TSS, Ex.Com, andPOLA. In 2001 and 2002, GTZ supported activities relatedto training of commune councils in 8 districts, beginningwith preparation of training of trainers and adaptation ofnational standards/curricula in preparation for thecommune councils. In 2003 PLG began supporting 4 ofthe districts and GTZ focused support on the remaining 4districts. In 2001 GTZ started assisting, mostly throughcapacity building and other human resources developmentmeasures, provincial partners in the implementation of anIFAD community-based rural development program(CBRD) in Kampot and Kampong Thom to support localparticipation, commune infrastructure, technicaldepartments and PDRD.

GTZ has begun to identify the most active VDCs to extendtheir work to water user groups, road maintenancecommittees and the communes’ PBCs. In each of the GTZtarget communes, the District Rural Development Teamhas selected two community extension volunteers toprovide supplementary information on decentralization tovillagers at meetings. To achieve this, the District RuralDevelopment team has provided the volunteers withtraining in conflict management, fund management,facilitation, and communication. These communityextension workers are not to be confused with theextension workers selected by commune councils as partof a POLA/LAU informal structure.

Free Platform/ForumGTZ has initiated a Free Platform or Forum (Vitikaserey)for commune councils from the same district to meet andshare experiences. VBNK was in charge of conductingthe forums.

The participants selected the following topics of concernas their priorities for the second session:1. Financial Management issues;

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2. Lack of sense of responsibility on behalf of the clerksto complete their roles;

3. Inactivity on side of the Village Chiefs; and4. Issues regarding the collection of in-kind

contributions.

GTZ Civil Society ComponentGTZ in Kampong Thom is also supportingdecentralization through assistance to four local NGOsto support commune councils. The organizationssupported include BFDK, CODEC, COWS, and MODE.The BFDK, CODEC, and COWS’ commune councilsupport programs involve the creation of village networksto encourage villagers to attend the commune councilmeetings. MODE’s civil society project is similar althoughit involves sending only one person from each village tothe council meeting. (A more detailed description ofMODE’s activities is presented below.)

GTZ also provides capacity building to the PagodaCoordination Committee (PACOCO), which represents43 Pagodas of Stoung District. As with the CNGO supportprogram, the main aim of this project is for Pagodacommittees to encourage villagers to attend the communecouncil meetings.

As part of this project, GTZ/DED has organized aquestionnaire for NGOs and PACOCO members toconduct a baseline survey at the start of their civil societyactivities. The survey targets both councilors and villagersto assess understanding of the function of the councilsand their role in the development of the councils. Topicsinclude participation, decision-making, planning,monitoring and evaluation. The survey aims to informcouncilors and the public about the accountability andtransparency of the council.

KHMER INSTITUTE FOR DEMOCRACY (KID)

Capacity building of commune councils is the focus of aKID project funded by the Konrad Adenauer Foundation.KID is currently working in 47 communes, selected by theorganization’s 9 long-term partners in the provinces ofKampong Speu, Prey Veng, Svay Rieng, Kratie, KampongCham, Kampong Thom, Battambang, Takeo and Kampot.Workshops target all council members and clerks and last2 to 3 days. Courses include commune administration,planning, financial controls and budgeting, and supervisionand management of the council. Curriculum is based onthe Ministry of Interior’s model. Decentralization policyand the importance of public participation are recurrentthemes in all the courses.

The Institute has drafted a handbook on the structure,duty and responsibilities of the commune council andcommune chief, council timeframe budget and internal andexternal control of commune council management asguideline book for the daily work of the commune councils.

KROM APHIWAT PHUM (KAWP)

Established in 1993, Krom Aphiwat Phum is implementingcommunity development activities in 24 villages of 11communes and 6 districts of Battambang Province.

KAWP staff meets with the councilor administrators oncea week, both in groups and individually, and attends themonthly council meetings. Their goal is to help thecouncilors understand the implications of any new lawspassed by the national government and to help themdelegate responsibility whenever possible.

In order to raise awareness of the councils’ responsibilityfor the comprehensive development of the commune,KAWP encourages the councils to prepare plans for non-infrastructure activities that do not fall within the nationalgovernment’s Local Planning Process. The NGO alsoassists the councils to organize workshops on theirresponsibilities and encourages the public to attend themonthly meetings and ask questions about commune plansand commune funds.

KUNATHOR

Kunathor, working in 8 communes of Thamar Kol(Battambang), has maintained relations with communeauthorities since the organization was established in 1995.Kunathor has conducted management workshops andfundraising workshops for commune and villageauthorities, showing them how they can mobilize resourcesfrom the public. Kunathor has also organized nationalresource management workshops, using skills learned fromCIDSE and Star Kampuchea. Kunathor’s mainintervention strategy is coaching – meeting with communecouncilors at least once a week to help deepen theirunderstanding of decentralization.

MINORITY ORGANIZATION FOR THE DEVELOPMENT OF THE

ECONOMY (MODE)

Established in 1995, MODE is working in all 8 villages ofSandan Commune (Kampong Thom). MODE does notwork directly with commune councils but educates villagersabout the councils so that they can understanddecentralization and the rules regarding village attendanceat council meetings. MODE facilitated the election of onevillager as a village representative and provides extra

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training to this person on decentralization, the functionof the council, and the Commune Administration Law.MODE provides support for the villager to attend theregular council meetings. The elected villager is not a VDCmember, but cooperates with the VDC and otherdevelopment committees, and has a responsibility todisseminate information about the council meeting tovillagers and to provide any necessary information aboutvillage issues to the council at the regular meeting. MODEprovides materials for training and a small amount ofmoney for transportation to the meeting. MODE alsoprovides a one-time compensation in the form of a bag orwriting supplies.

PACT CAMBODIA

Pact arrived in Cambodia in 1991. Surrounding the timeof the commune council elections in February 2002, PactCambodia worked with local and international NGOs toraise awareness and develop the skills of CambodianNGOs on non-partisanship before, during and after thecommune council elections. The program providedsupport to the Cambodian NGO Support Network todevelop a standard curriculum to be used for non-partisanship workshops throughout Cambodia. The keyobjective of the non-partisanship training was to educateNGOs to understand the changes that resulted from theimplementation of the laws on Commune Elections andCommune Administration. The workshops were attendedby over 300 government and non-governmentorganizations, including observers from the three mainpolitical parties and the Provincial Election Committee.The workshops helped Cambodian NGOs and politicalparties to better understand their roles and functions inthe decentralization process. In particular, it increased theunderstanding among political parties and the ProvincialElectoral Committees regarding the roles andresponsibilities of the commune councils.

Pact Cambodia has provided support to the CommuneCouncil Support Project (CCSP) to strengthen its educationand information campaign on the future structure and roleof the Commune Council. Pact Cambodia has also awardedthe Cambodians for Development of Decentralization(CDD) project with a sub-grant to support activities relatedto promoting greater accountability by the communecouncils toward those living in the commune, and particularto the needs of the most vulnerable.

In 2002, Pact Cambodia released an English languagepublication on Advocacy in Cambodia, which was followedby an Advocacy Handbook in Khmer and English. PactCambodia is an active member and organizer of theWorking Group for Partnerships in Decentralization

(WGPD), as well as the Decentralization Forums. BetweenSeptember and November 2003, Pact Cambodia undertooka research on the partnerships between commune councilsand civil society and is currently producing severalpublications on the subject.

RURAL DEVELOPMENT ASSOCIATION (RDA)

From the time it was established in 1993 until the communecouncils were elected, RDA staff discussed their plans withthe commune chief. Since the election, RDA meets regularlywith the councilors about twice a week. RDA does notconduct training workshops but provides additionalcoaching if the councilors need clarification after attendinga training course.

RDA organizes a meeting with the commune council andvillage associations three times per year to shareinformation on processes of development in the communeand highlight problems encountered by RDA in the villages,in order to increase council cooperation with police, villagechiefs and health staff.

RDA has helped the council identify funding support formeetings and to network to secure funding for a damaround the village to protect it from floods. The councilshares information with the NGO (e.g. commune plan,needs or problems in the commune) and RDA providesthe council with information about their projects, howmany people are helping and what activities they are doing.If the council lacks technical skills, the NGO can usuallyprovide assistance, e.g. preparation of the commune plan,maintenance of documents and files. If the council has anurgent problem, the NGO will usually try to help.

SILAKA

Silaka is currently conducting capacity building indecentralization and conflict resolution in Svay Rieng andKampong Thom. As part of the program, Silaka providestraining of commune councilors, local community leaders,village chiefs and village development members ondefinitions of decentralization, the roles and responsibilitiesof local government and civil society, leadership andconflict transformation skills. The key to Silaka’s actionplan is thorough follow-up (with monitoring and evaluationof commune activities) after training is completed, followedby meetings and strengthening of local networks ofconcerned citizens practicing conflict resolution. The effectof the program can be observed in increased clarity ofcommune council members and participation of villagemembers.

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SOR SOR TRONG

Sor Sor Trong’s program with local NGOs in the provincesconsists of three central components:

Organizational development, which includesestablishing goals, creating personnel policy, seekingfunding, accounting and management of finances.

Project implementation skills development, whichincludes technical skills training workshops for NGOs,coaching and guidance, exposure visits in field (SSTpays for attendance and travel), and funding andarranging attendance of a national decentralizationseminar in Phnom Penh.

Civil Society building, protection of property(fisheries/forestry/environment), and communityparticipation in national and local reform (nationalconference participation).

As part of SST’s strategy commune councils are includedin training and programming for NGO partners in theirregions (workshops, exposure visits, training). SSTestablishes collaborations between regional NGOs andcouncils and conducts workshops on local reform policy(mostly involving land protection issues).

VICHEASTHAN BANDOSBONDAL NEAKROPKRONG KANGEA

APHIVATH (VBNK)

VBNK increasingly sees decentralization initiatives asinvolving a combination of training that focuses on skillsand knowledge transfer, and are supplemented by ‘forums’or ‘open spaces’ where people can share ideas and learnfrom each others experiences. The ultimate aim of theseforums is to plant the seeds for attitudinal change that isrequired if decentralization is ever going to take hold inCambodia. A multifaceted decentralization program (TOTfor PRASAC) is currently in progress. This work involvesrecruiting 36 trainers from 6 provinces, training them in avariety of decentralization issues and then backstoppingtheir implementation to 12 groups of 25 participants inprovincial locations.

Other activities have included a ZOA sponsoredconsultancy to provide assistance to Poipet CommuneCouncil in their participatory Development PlanningProcess. They have also designed and delivered a VBNKopen-access Orientation to Decentralization and communecouncil course. VBNK has designed and co-delivered aPerspectives for Partnership Workshop for communecouncils and civil society. All of the trainings that VBNKimplements include in-depth follow-up to ensure that theyhave been effective and thorough.

WOMEN FOR PROSPERITY (WFP)

WFP provides training on women and good governancefor women commune councilors from all provinces. WFP’sWomen Politicians’ Network is in its second year and meetsthree times per year to maintain dialogues between regions.WFP ran 21 sessions during the last year to assess the needsof women politicians. It found that there was a major needfor mobility and transportation and raised money to buy300 bicycles for members, and WFP continues to raisefunds.

WFP trains women commune councilors in advocacy,governance law and the roles and responsibilities ofcommune councils, and gives them the confidence tosupport their ideas in council meetings. WFP works topromote more women commune council candidates andsupports and trains them to run effective campaigns.

WORLD VISION INTERNATIONAL KAMPONG THOM

WVI is working in 11 communes in 3 districts of KampongThom. WVI provides support to the commune councilswhile also working directly with VDCs. Support includes,among other things, materials for meetings betweencouncils and village leaders.

WVI conducted a mid-term evaluation of their programin two Kampong Thom districts in May and June of 2003,including a survey of 23 villages in 4 communes in PhnomBallang and 23 villages in 4 communes in Phnom Sambodistrict. Interviews were conducted with councilors andvillagers to compare their opinions on local issues. Whilemost villagers are not aware of the work done by theCommune Councilors, they are able to express whethercommune conditions have improved or not since theCommune Council elections of 2002. A number ofvillagers were involved in the work of the councils. TheCouncilors felt empowered by the establishment of theelections because they had a greater voice in the planningprocess and they had better access to information aboutthe budget.

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Case Studies

CASE STUDIESCommune councils have a difficult task trying to rid theircommunes of illegal practices. This section provides twoexamples of commune councils’ involvement in the fisherysector, one of the most complex development issues inCambodia. Illegal fishing is one of the most seriousproblems faced by communes located around water, andcommune councils often feel powerless faced with thechallenge of combating illegal fishing supported by police,military and fishery officials.

Many people take up illegal fishing to earn quick money.Some are poor and do it for subsistence; some wealthierindividuals provide equipment for illegal fishing inexchange for a share of the catch. Illegal fishing has aserious impact on villagers who depend on fishing as asource of protein and income. Following rice cultivation,fishing is the second most important source of incomefor Cambodians. Fewer fish has forced some families tolook for other income sources and there has been anincrease in the number of families who leave the communeto sell their labor.

In September 2003 the Prime Minister issued aproclamation regarding fishing violations. Some localauthorities who commit violations make it difficult forcommune councils to manage the problem and councilorsconsidered that having a declaration by the Prime Ministerwould help. However, the fisheries law still does not specifya prison term. Councilors think it would be helpful if prisonterms were specified.

CASE STUDY 1CASE STUDY 1CASE STUDY 1CASE STUDY 1CASE STUDY 1

FISHERIES: O’TAPONG COMMUNE – PURSAT

Illegal fishing has been a problem in O’Tapong Commune(Pursat) since 2001. Illegal fishing usually occurs duringthe February to April dry season resulting in the release offewer fish during the rainy season when the ponds overflowinto the rice fields. In 2002 the villagers in O’Tapong startedto put pressure on the commune council to combat thisillegal practice, resulting in the creation of a decca on illegalfishing practices.

ILLEGAL FISHING IN O’TAPONG COMMUNE: CREATION OF

A FISHERIES DECCA

PRE-JUNE 2002Villagers provided information to the police about fishingviolations prompting the police to confiscate and burnillegal equipment. Violations by commune residents

decreased; but many violators lived outside the communeillegal fishing continues. Other communes eventually choseto take action with short-lived success and external violatorsresumed illegal fishing despite the confiscation of theirequipment. Commune residents voiced their complaints,wondering why they were forced to stop fishing illegallywhile others were allowed to continue.

JUNE 2002The council drafted a commune order (decca) on illegalfishing practices and made it public in the villages, resultingin a temporary decrease in the number of illegal fishingcases. However, prior to the national elections, illegal fishingincreased as authorities focused on preparing for theelections.

JULY 2002 TO EARLY 2003An action plan to reduce illegal fishing was collaborativelydeveloped by the police and the commune council. Theplan was based upon the draft decca written by the communecouncil. First, a four-member committee with threecommune council members and one vice chief of policewas formed. The committee conducted a house-to-housesurvey and asked residents to deposit illegal equipmentwith the commune office and then to agree, in writing, tostop fishing illegally. Forty-one pieces of illegal equipmentwere voluntarily turned in. The committee canvassedhouses once again and additional pieces of illegalequipment were brought to the commune office. Policeconfiscated even more from fishermen. Prior to thiscampaign hundreds of cases of illegal fishing had beenreported. From late June, 2002 to the end of August, 2002only 50 cases were reported.

Violations increased again in fall 2002 as commune councilsbecame immersed in Local Planning Processes and askedpolice to assume temporary responsibility for illegal fishing.Police began to overlook violations for a fee and violationsfrom outside of the commune escalated. There were anestimated 100 violations in the commune from January toMarch 2003, with heavy representation from the nearbycommunes of Meteuk and Svay Dounkeo. Few violatorsfrom outside communes were caught.

NOVEMBER 2002In response to increasing complaints from villagers, thecommune council again initiated activities to resolve thesituation, but were unsuccessful. CONCERN Cambodiacollected data on fisheries violations and met with thecommune council to collectively discuss action plans. Thecouncil rekindled its commitment to resolve the issue ofillegal fishing and began to actively monitor the situation.

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Commune Councilor

Committee Leader

1 Commune Councilor member

Committee Vice Leader

2 Commune Council

members Committee Members

18 village chiefs in

O’Tapong Committee Members

Community Fisheries

Committee Members

Commune Police

Committee Members

MARCH 2003An O’Tapong commune councilor raised the problem offishing violations at the Provincial Development Forum,a bimonthly meeting of NGOs and district officials. Thiswas the first meeting in which illegal fishing in O’Tapongcommune was raised. The issue was discussed in responseto the commune councilor’s request for assistance indeveloping more effective problem solving strategies. Nosolutions were developed, but the issue had captured theattention of meeting participants.

MAY 2003The discussion on illegal fishing activities in O’Tapongcontinued during the next Provincial Development Forumwith the O’Tapong commune council once againdescribing:

The illegal fishing situationThe perpetrators of illegal fishing, including those whoprovided illegal fishing equipmentAn estimated number of illegal equipmentProblems encountered by CCs in solving the problem

The meeting ends with nine points of recommendation.One of these recommendations identifies CONCERNCambodia and Seila as resources for the support andfacilitation of a commune forum in O’Tapong commune.

AUGUST 2003CONCERN assisted the commune council in bringingtogether 66 stakeholders from the district near the TonleSap. Invited stakeholders for the public forum includedfish traders, producers of illegal equipment, fishermen,village chiefs, commune councilors, councilors and policefrom five nearby affected communes, district militarypolice, district police, district military, district Governor,NGOs, DAFF/Dept. of Fisheries, and the Departmentof Environment. This meeting also included ConservationInternational (CI) and Flora and Fauna International (FFI).

OCTOBER 2003CONCERN reported on the public forum to theProvincial Development Forum and distributed forumminutes to all five councils. The illegal fisheries decca wasfinalized in October 2003.

FOLLOW UP

Commune councils signed the decca and widelydisseminated it to relevant governmental organizations,villages, commune councils and participating communeswho began to take action: O’Tapong established the“committee for controlling illegal fishing activities” with amembership of commune councilors, village chiefs, andpolice and community fisheries.

COMMITTEE FOR CONTROLLING ILLEGAL FISHING

ACTIVITIES

Due to this action by O’Tapong the neighboring communeBoeung Bat Kandal confiscated illegal equipment andMeteuk apprehended violators. Meteuk commune hosteda forum and requested that illegal equipment be turnedover; 40 pieces were given by fishermen. Sdok Klouk villageelected a Community Fisheries Committee of 11 membersto be guided by a to-be-developed Statute for CommunityFisheries to:

Patrol in the Community Fisheries area;Report any information concerning illegal fishingin its area to commune councils; andFollow the Community Fisheries statute.

LESSONS LEARNED

The O’Tapong commune council’s efforts in dealing withthe problem of illegal fishing gained support from a partnerorganization, which assisted the council in its strategy toeliminate illegal fishing in the commune. The result of thecombined effort between the commune council and itspartner organization was the burning of illegal fishingequipment and a commitment by villagers to discontinuethe practice.

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Case Studies

CASE STUDY 2CASE STUDY 2CASE STUDY 2CASE STUDY 2CASE STUDY 2

FISHERIES: CHROY SDAO – BATTAMBANG

Chroy Sdao Commune in Battambang has about 20 largeand small public lakes which act as important breedinggrounds for fish. Illegal fishing started back as early as1993, after the national elections. By 2000, the supply offish began to decrease. In 2002 the situation had becomeserious and nearly all the fish were gone. The situationwas aggravated by floods and villagers lost their rice crops.Seventy percent of villagers have experienced foodshortages in the past 3 years. The villagers have started touse electric shocking to catch and kill fish. “Before therewould be only one or two cases of electric shock fishingper village, now there are a hundred per village.” Electricshock fishing is not only bad for the fisheries industry -last year a 39-year old man died of an electric shock whilefishing illegally.

There used to be a law banning illegal fishing, which noone dared to disobey. If someone violated the law, thepolice would catch them. But the quality of policeenforcement has decreased over the years and the policereleases violators for a nominal fee. The current lawspecifies fines but no prison sentences for fishingviolations. Equipment can be confiscated and sent to thedistrict authorities and the violators are set free.

2002Villagers began complaining about the decrease of fish inthe rice fields. Councilors estimated that illegal fishing wasdone by about 10% of the population. Some families gavemoney to those who did the illegal fishing in exchange fora share of the fish. Complaints were increasing, althoughthey were usually informal, not in meetings. RDA, the localNGO working in Chroy Sdao, reported that complaints atvillage meetings had been steadily increasing.

A group of 9 people were caught fishing in Chroy Sdaoand paid a penalty of 270,000 Riel. Only 5% of this moneywas given to the commune, the remainder went to thedistrict.

2003The commune council organized a series of meetings toaddress illegal fishing

A meeting between RDA and the commune councilwas called to discuss the problem. As a consequence,villagers became more aware of the fisheries law.

A meeting with commune council, village chiefs, policechief and RDA staff was called to decide what actionthe police should take in the future and who shouldattend a public forum to ensure that a broad range of

perspectives were represented. The discussion becametense when police bribes for fishery violations werementioned and the police chief acknowledged thatsome officers may be accepting bribes.

A public meeting was called in Nikom Knong Village,where the problem was most severe. Over 200 villagersattended, as well as councilors, RDA staff, three policeofficers, the village chief, VDC representatives andlaypeople. Villagers implied that they knew who wasresponsible for illegal fishing. There was no mentionof police bribes – the topic is too sensitive for publicdiscussion.

Forty-five residents from Nikom Knong who werereported to have illegal fishing equipment were askedto voluntarily attend a meeting at the commune office/police station. During the meeting, 32 villagers appliedtheir thumbprints to indicate their commitment tocease illegal fishing. Seven more agreed in principleto stop. Fifteen sets of illegal fishing equipment wereconfiscated and burned. Present at the meeting were:one councilor, two military officers, two district policeofficers and five commune police officers.

Villagers spoke openly about their concerns, communecouncil members confiscated illegal equipment andreceived agreements from villagers not to fish illegally, acommunity fishery committee was established, a decca wasdeveloped and disseminated by the commune council, andan action plan was developed.

The problem was not limited to Chroy Sdao - BoeungPring and Ta Moeun Communes of Thmar Kol Districtand Mongol Borei District had similar problems. Incooperation with the relevant authorities RDA facilitatedthe villagers in three villages to participate in the planningprocess in order to maximize the impact of the decca.

NOVEMBER 2003Planning was conducted village by village and brought tothe district integration workshop. In the planning, thedissemination of the proclamation and other relevantorders is one of priorities in order to take action againstthe fishing violations. Regarding these priorities, 3dissemination meetings were conducted in October 2003with 349 villagers (including monks) and 85 sets of electricequipment and 19 pieces of illegal net were confiscated.

END OF 2003RDA organized a dissemination meeting presided over bythe district governor and participation of provincial anddistrict police, commune authorities and villagers in ChroySdao village. The purpose of the meeting was todisseminate the Proclamation by the Prime Minister on

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the omission of fishing violations and illegal equipment#02, issued in September 2003 and the functions of policeregarding this article.

LESSONS LEARNED

In its effort to combat illegal fishing, the council in ChroySdao teamed up with a partner organization and organizedmeetings at all levels to advocate against illegal fishingpractices. Because the subject was deemed too sensitive toaddress in a public meeting, private meetings with officialssuspected of involvement in the illegal practice were held.The result was a commitment by the officials to decreasebribe taking. Additionally, illegal fishing equipment wasconfiscated, 32 villagers suspected of involvement cameforward and publicly committed to discontinuing thepractice, and an action plan was developed to guide futureauthorities.

Fishermen charged with illegal fishingprovide their thumbprints todemonstrate their commitment to stopthe practice.

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References

R E F E R E N C E SAyres, D. Decentralization: A Review of Literature. Commune

Council Support Project, Phnom Penh, 2001.

Biddulph, R. Decentralization and Commune Council Reforms:Immediate Opportunities for Cambodian NGOs. OxfamGB; Phnom Penh, 2000.

Biddulph, R. PAT Empowerment Study – Final Report. PhnomPenh, November 2003.

Cambodia Development Resource Institute. Policy OrientedResearch Programme, on Decentralisation, InceptionReport, Phnom Penh, 2003.

Department of Local Administration. The StrategicManagement of Capacity Building for Decentralizationand Deconcentration in the Kingdom of Cambodia. Vol.1. Ministry of the Interior; Phnom Penh, 2003.

Eastmond, M, Ojendal, J. Reaching up, Reaching down: TheRole of the commune in Participatory Development, SPMConsultants; Goteborg, Sweden, 2000.

Engquist, Michael. Strengthening the People’s Voice:Decentralization Reforms in Cambodia, Roskilde,Denmark and Phnom Penh, 2003.

Flam, Shelley. Perspectives for Partnership: Workshop Handbook,January 27-29, 2003. CIDSE, Phnom Penh, 2003.

Greenberg, Quinlan, Cambodian Public Opinion in Advanceof the 2003 Elections: A Report to the NationalDemocratic Institute for Internal Affairs on FocusGroupsConducted in Cambodia. Rosner Research, Inc;Washington D.C, 2003.

Kimpo/LAU, unofficial translation, Law on Administrationof Communes (Khum-Sangkat), Kingdom ofCambodia, 2001.

Mansfield, C, MacLeod, K. Advocacy in Cambodia: IncreasingDemocratic Space, Pact Cambodia; Phnom Penh,2002.

Mansfield, C, MacLeod, K. et al. Advocacy Handbook: APractical Guide to Increasing Democracy in Cambodia,Pact Cambodia; Phnom Penh, 2003.

Ojendah, J, Biddulph, R, Wallgren, P. & Sedara, K.Understanding Decentralization in Cambodia: A ResearchFramework to Support the Processes of Devolution andDeconcentration in Cambodia . CambodiaDevelopment Resource Institute; Phnom Penh,Cambodia, 2002.

SPM Consultants. Supporting Decentralization Reforms inCambodia, The Second Report of the SIDA AdvisoryTeam on Democratic Governance and Human Rights inCambodia. Stockholm and Phnom Penh, 2001.

INTERNET REFERENCESTo read about the United Nations Development Program’s(UNDP) support for Decentralization in Cambodia visithttp://www.undp.org/trustfunds/devgovps.pdf

A Research Report on Indigenous People andDecentralization in Cambodia can be found onhttp://pi.dnsalias.net/item00100.php

For an online edition of ADB’s Cambodia: EnhancingGovernance for Sustainable Development, please visith t t p : / / w w w. a d b . o r g / D o c u m e n t s / B o o k s /Cambodia_Enhancing_Governance/default.asp

A paper on The Social Fund, the Local Development Fund andDecentralization: the Case of Cambodia can be viewed athttp://www.uncdf.org/english/countries/cambodia/local_governance/technical_review_reports/UNCDF-Cambodia_casestudy.pdf

To read the paper Decentralizing the State: key Issues andChallenges for Cambodia visitht tp ://www.decentra l izat ion.ws/icd2/papers/key_cambodia.htm

An article on Cambodia’s Long Road to Decentralizationcan be found athttp://www.ijf-cij.org/folder_file_for_cambodia/2.htm

The Discussion Points for the Decentralization Sessions2002 can be viewed ath t t p : / / w w w . c d c - c r d b . g o v . k h / c d c /discussion_point_decentralisation.htm

The NGO Forum on Cambodia has made an NGOStatement on Commune Elections. It can be viewed athttp://www.big pond.com.kh/users/ngoforum/ngo_statement_2000/commune_election.htm

An article on Cambodia’s Long Road to Decentralizationcan be found athttp://www.ijf-cij.org/folder_file_for_cambodia/2.htm

The Discussion Points for the Decentralization Sessions2002 can be viewed ath t t p : / / w w w . c d c - c r d b . g o v . k h / c d c /discussion_point_decentralisation.htm

SPM Consultants. Civil Society and Democracy in Cambodia:Changing roles and trends, The Fifth Report of the SIDAAdvisory Team on Democratic Governance. Stockholmand Phnom Penh, 2003.

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PROVINCES, COMMUNES & COUNCILORS

Province No Communes No Councilors No Women

Banteay Meanchey 64 504 25Battambang 96 744 107Kampong Cham 173 1335 107Kampong Chhnang 69 415 29Kampong Speu 87 605 35Kampong Thom 81 575 28Kampot 92 542 24Kandal 147 1061 80Koh Kong 33 187 18Kratie 46 280 18Mondolkiri 21 105 15Phnom Penh 76 652 115Preah Vihear 49 317 36Prey Veng 116 886 61Pursat 49 339 43Ratanakiri 49 251 27Siem Reap 100 668 70Sihanoukville 22 144 07Stung Treng 34 176 13Svay Rieng 80 516 74Takeo 100 734 29Otdar Meanchey 24 150 11Kep 5 31 15Pailin 8 44 06GRAND TOTAL 1,621 11,261 983

Source: CS Fund Finance Position December 2003

Commune Clerk Council Staff

Commune/Sangkat Chief

Committee Committee Committee Committee

First Deputy Commune/ Sangkat

Chief

Second Deputy Commune/ Sangkat

Chief

Councilor Councilor Councilor Councilor

COMMUNE COUNCIL STRUCTURE