DEVELOPMENT PARTNER STATEMENT ON
GOVERNANCE AND ACCOUNTABILITY WITH A FOCUS ON LEGAL AND JUDICIAL REFORM

DELIVERED BY HE AMBASSADOR ADAMSON (AUSTRALIA)

AT THE
15TH MEETING OF
THE GOVERNMENT-DEVELOPMENT PARTNER COORDINATION COMMITTEE
PHNOM PENH, SEPTEMBER 29, 2009

Excellency Deputy Prime Minister and Minister of Economy and Finance
Keat Chhon,
Excellencies, Ladies and Gentlemen,

1. At the outset allow me to congratulate the Royal Government on
recent progress in legal and judicial reform, including submission of
the Penal Code to the National Assembly. We understand the Anti
Corruption Law will be presented to the National Assembly in the
coming weeks. These two laws have been the subject of much discussion
between the Royal Government and development partners, as of
fundamental importance to Cambodia's successful sustainable
development. We also commend the ongoing training and appointment of
new judges to Provincial Courts.

2. In his first speech of this fourth mandate Samdech Prime Minister
Hun Sen identified improving the functioning of courts and the
judiciary as key priorities. Development partners strongly endorse
the Prime Minister's statement that effective functioning courts led
by an independent judiciary are a cornerstone of democracy, critical
to economic development and improving the lives of the poor. We
welcome the clear agenda for reform of the courts and judiciary
articulated in the Rectangular Strategy II and the National Legal and
Judicial Reform Strategy. The agreed Joint Monitoring Indicator is
taken directly from these strategies, namely: to establish a well
functioning, transparent and accountable legal and judicial system
that protects individual rights as defined in the Constitution. Two
key priorities have been identified: the legal framework for judicial
independence and implementation of court reform, starting with four
"Model Courts". Development partners also commend the Royal
Government's convening in November of a national workshop on legal
and judicial reform. Can the Royal Government inform us today of the
intended timing for the workshop?

3. Independence of the Judiciary is enshrined in the Constitution.
Three outstanding basic laws need to buttress the Constitutional
guarantee: Law on the Status of Judges and Prosecutors, Law to Amend
the Law on the Supreme Council of Magistracy and the Law on the
Organisation of Courts. We welcome current progress on a Sub-Decree
on the Administration of Courts. This leaves finalisation of
governance arrangements for Judges and the Supreme Council of
Magistracy. Development partners, through the Legal and Judicial
Reform Technical Working Group stand ready to help finalise these
laws, facilitate public consultation and assist speedy presentation
to the National Assembly.

4. As guaranteed in the Constitution these two laws must uphold the
separation of powers, in order clearly to distinguish between the
roles of the Executive and the Judiciary. This level of transparency
is essential to increase public confidence in the selection and
genuine independence of judges, and in disciplinary procedures taken
against judges. We note and welcome that the Supreme Council of
Magistracy is taking disciplinary action against judges in breach of
the 2007 Code of Judicial Conduct. Corruption in the judiciary is a
major source of lack of confidence by the Cambodian people, and
potential foreign investors, in the justice system. Development
partners also welcome the creation by the Royal Government of an
anti-corruption unit, and urge that it be empowered to expose and act
against corruption associated with the judiciary.

5. A further guarantee enshrined in the Constitution is freedom of
expression. Alternative voices are a key to a strong and effective
democracy. Those who hold different views from Government, and their
legal representatives, must be confident of their rights before the
courts. Development partners, noting with concern a number of recent
lawsuits, wish to highlight the need for all Cambodians, without
exception, to be given full protection before the law, according to
their Constitutional rights. Prompt adoption of laws guaranteeing
judicial independence are essential in this regard, and we urge the
Royal Government to achieve the adoption of the basic laws mentioned
above, and giving high priority to strengthen the capacity and
competence of the judiciary. As I stated earlier, development
partners stand ready to assist.

6. I turn now to the second foundation for judicial independence: the
day-to-day operation of the courts. If the legal framework is
important, implementation is equally important. The Council for Legal
and Judicial Reform has worked energetically with development
partners since 2007 to develop standards and criteria for how courts
should function. This comprehensive approach is a "model" for full
implementation of reform and the Council has selected four courts to
attempt to fully implement this model. Development partners look
forward to the next steps, which will include funding arrangements.

7. While the Ministry of Justice has received some increases for
court budgets in recent years, this funding remains well short of
what is needed. Without budget for the investigating chamber, or
facilities for three judges to hear serious crimes, fundamental new
laws such as the Penal Procedure Code cannot be implemented. Funding
to courts and the Ministry of Justice is one of the priorities under
the National Strategic Development Plan, demonstrating the Royal
Government's recognition that this is a core function of a modern
state. Development partners stand ready to supplement and indeed
match Royal Government funds. We urge Royal Government
representatives here today to give priority to this essential
governance reform.

8. To conclude, the issues identified here - laws to secure judicial
independence, court reforms through the model courts, and core court
funding - provide a concrete path towards improving Cambodia's
standing as a country committed to the rule of law and to generate
confidence of the Cambodian people in the justice system. We offer
development partner assistance to implement this agenda in
partnership with the Royal Government, and I propose that development
partners and the Royal Government continue discussion through
informal dialogue at Ambassador level in between meetings of the GDCC.