Day 1, Session 5:

Organic Law

Session Objectives

• Explain the purpose of Organic Law.

• Describe the main features of the Organic Law.

• Describe expected changes in the structure of sub-national administrations.

Cambodia governance according to the Constitution

• The RGC shall divide in to Capital, Provinces, Municipalities, Districts, Khans, Communes and Sangkats

• Capital, Provinces, Municipalities, Districts, Khans, Communes and Sangkats shall be governed in accordance with organic law. Constitution, article 146

• is the legal framework that is necessary in order to implement the vision outlined in the Strategic Framework for D&D Reform.

It means:

(Legal framework that is necessary in order to implement the Strategic

Framework for D&D Reform)

Organic Law on Administrative Management of Capital, Provinces, Municipalities,

Districts and Khans

Former administrative authority and New administrative authority

Royal Cambodia

Administrative Authority after Organic Law

Former Administrative

Authority

Province Municipality

District Khan

Commune Sangkat

Royal Cambodia

Province

Municipality

Sangkat Sangkat

District

Commune

Capital

Khan

Sangkat Sangkat Sangkat Commune

MOI Guidebook: Key Principles for Management of Sub-National Administrations/p20

MOI Guidebook: Key Principles for Management of Sub-National Administrations/p20

MAIN FEATURES OF THE ORGANIC LAW

ELECTED COUNCILS

UNIFIED ADMINISTRATION

DEMOCRATIC DEVELOPMENT

LEGISLATIVE & EXECUTIVE AUTHORITY

ADMINISTRATIVE AND SECTORAL

FUNCTIONS

FISCAL DECENTRALIZA-

TION

RURAL & URBAN GOVERNANCE

Elected Council

MOI Guidebook: Key Principles for the Management of Sub-National Administrations/p14&15/June09

MOI Guidebook: Key Principles for the Management of Sub-National Administrations/p14&15/June09

• Provinces, Municipalities, Districts, Khans, Communes and Sangkats shall be governed in accordance with Organic Law. Constitution, Article 146 (former Articles 127)

• Base on Organic Law, Article 4 and 5:• Phnom Penh is a Capital of the

Kingdom of Cambodia• Capital is divided to Khans and

Khan is divided in to Sangkats, • District is divided into Communes

and Sangkats

Elected Council

PERSONNEL UNIT

PERSONNEL UNIT

PERSONNEL UNIT

PERSONNEL UNIT

PERSONNEL UNIT

Women and Children’s

Affairs Committee

Technical Facilitation Committee

Procurement Committee

Board of Governors(Governor and

Deputy Governors)

Administration Director

OtherCommittees

The unified administration has two key purposes: – to "establish promote and sustain democratic

development" (Organic Law, Article 11)

– to "strengthen the unity of the state in order to facilitate all public administrative activities" within the area of each council. (Organic Law, Articles 2 & 8)

Unified Administration

• The council shall have the authority to make legislative and executive decisions.

• Executive decisions (Deika)

• Legislative power (Monitoring and guidance that assure the decision is implemented)

(Organic Law, Article 30-32)

Legislative and Executive Authority

The Councils need enough finances that transferred from national and from own revenues in order to³

Administer and implement obligatory functions Choose and administer permissive functions Apply roles and duties under the laws Expense on administration and Apply function to reinforce the democratic

development in his/her jurisdiction.

Fiscal Decentralisation

MOI Guidebook: Key principles for the Management of Sub-National Administration/p72/June09

MOI Guidebook: Key principles for the Management of Sub-National Administration/p72/June09

Different Population & Economy Growth. For example:

Urban Rural

Mostly revenues depend on non-agriculture

Needs appropriate governance mechanism in accordance to the specific residents’ business

Mostly revenues depend on agriculture

Needs appropriate governance mechanism for agricultural activities

Urban and Rural Governance

Organic Law, Article 12Organic Law, Article 12

• Public representation • Local autonomy • Consultation & civic engagement• Responsiveness and democratic

accountability • Promotion of quality of life for local

residents • Promotion of equity • Transparency and integrity • Measures to fight corruption and

abuse of power

Democratic Development

Small group discussion

• 6 groups of 5 – 6 people. Each group has 25 minutes for the dialogue and preparation for presentation to plenary.

• Each group has 5 minutes to present the results

• Each group’s dialogue based on given topics

• Each group will have 1 example as the answer to the question

Small group discussion

Council Committees1. What are the three committees of each council?

Unified Administration2. What are the common elements of each council

(as unified administration) in managing its own resources or making decision?

Legislative and Executive Authority of the Councils3. What powers does each council have to

promote sustain democratic development?

Administrative and Sectoral Functions

4. What powers does each council have to promote sustain democratic development?

Rural and Urban Governance

5. Discuss about rural and urban areas

Fiscal Decentralization

6. What are council’s responsibilities for fiscal and financial affairs?

Small group discussion