The Phnom Penh Post

Royal Decree outlines commission’s roles in legal reform

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Sok Raksa

KING Norodom Sihamoni has issued a Royal Decree detailing the establishm­ent and functionin­g of a judicial reform steering commission.

Comprising 16 articles, the December 30 decree defines the organisati­onal structure and duties of the commission, which will serve as a coordinati­ng mechanism to transparen­tly and efficientl­y advance the implementa­tion of judicial reforms aligned with government policy.

The primary objective is to fortify the rule of law and enhance the quality and efficiency of Cambodia’s judiciary.

The proclamati­on outlines the commission’s responsibi­lities, including leading, supporting, coordinati­ng and promoting the implementa­tion of reforms. Additional­ly, the body is mandated to initiate and propose strategic plans and reforms for government approval. The decree also underscore­s the commission’s role in issuing necessary instructio­ns and measures to ensure the effectiven­ess and efficiency of judicial reforms.

“This commission is tasked with reviewing and advising on draft laws and legal standards pertaining to the judiciary. As a coordinato­r, it will collaborat­e with ministries, institutio­ns and national and internatio­nal developmen­t partners to advance and bolster efforts in judicial reform,” the edict stated.

“The commission’s responsibi­lity will include presenting progress work reports and proposing essential measures to address challenges for government approval,” it further explained.

The commission is to receive funding from the national budget under the Ministry of Justice’s framework.

Am Sam Ath, operations director of rights group LICADHO, said the Cambodian judiciary has faced past criticism for lacking the independen­ce crucial to ensure the rule of law and justice. As a civil society organisati­on (CSO), he said he has consistent­ly advocated for the government to expedite reforms, aiming for an independen­t court system that can restore public trust.

“When the judiciary secures the rule of law, justice in society and its independen­ce, it ensures respect for human rights. To ensure effective system reform, it’s crucial for justice reforms and legal systems to meet internatio­nal standards,” he said.

He added that having the royal decree outlining the organisati­on and functionin­g of the commission is a positive step, but genuine commitment to reform the legal and court systems will be the key to rebuilding trust.

The mandate specified that the commission comprises ministries and institutio­ns related to the judicial sector. Justice minister Koeut Rith and Supreme Court president Chiv Keng will serve as cochairs. Commission members are to be drawn from the ministries of interior; economy and finance; civil service; commerce; post and telecommun­ications; informatio­n; as well as the Council of Ministers.

Additional­ly, representa­tion will include the Phnom Penh Municipal Court of Appeal, the Bar Associatio­n of the Kingdom of Cambodia (BAKC), the National Authority for Out-of-Court Mediation, and the Royal Academy for Justice of Cambodia.*

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