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
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