The implementation of decentralisation and deconcentration in Cambodia: a critical assessment of the process, legal and functional disparities/gaps and public participation

Cambodia is a new democracy struggling to assimilate the changing roles and responsibilities of its society in the twenty first century. As Cambodia has developed, so have the needs, demands, concerns and capabilities of its people. There have been noticeable political, economic and social advances in recent times, however there are still many Cambodians living at or below the poverty line.

The Government of Cambodia has updated its Rectangular Strategy as noted in the ‘National Strategic Development, update 2009 to 2013. One of the four angles of strategy which will be given special attention is decentralisation and de-concentration (D&D) reform with the aim of strengthening and expanding local democracy and promoting local development to reduce poverty.

Sub-national administration reform showed a positive step in further strengthening local democracy and governance, but it is faced with many challenges. The National Programme for Subnational Democratic Development 2010-2019, put in place by The National Committee for Subnational Democratic Development (NCSDD) stated that D&D reform is the most ambitious and important change in Cambodia governance since the 1993 Constitution was enacted. The Government emphasises that for functions to be transferred to subnational government, the elected councils and appointed public officials must have the appropriate skills, competency and commitment. One of the Government’s main challenges in terms of governance is the subnational administration’s poor administrative performance, accountability and responsiveness to meet the needs of local communities. CCs performance and capacity are limited as functions and financial resources have not been transferred to them. Additionally the management systems and lines of accountability at the provincial and district levels are not structured to respond to local needs. The Government envisages strengthening the lines of accountability of subnational administration. There are multiple provisions in the Law on Commune/Sangkat Administrative management providing the basis for consultation with the people, access to information and transparency in general.


The Government, its development partners and non-government organsiations are all aware and have publicly acknowledged the challenges of D&D reform, particularly the implementation of processes to ensure competent functioning councils responsive to the needs of community people. The critical challenges include:
• Transferring functions and powers to subnational government (Commune, District and Provincial Councils).
• Ensuring that both elected councillors and public officials have the appropriate skills, competencies and commitment to effectively and responsibly undertake their work. There is little understanding of their roles and responsibilities.
• Establishing a legal framework: the decentralisation law does not assign mandatory functions to Commune and Sangkat Councils and existing laws and regulations are not consistent.
• Setting up a law to enable Community and Sangkat Councils to have a source of financial income: currently council revenue is limited because there is not any law on sources of income.
• Promoting and increasing civil society and peoples’ participation in public administration to improve local council ability to make decisions
• Transferring responsibilities to local councils to enable them to provide key public services: this is fundamental to the process of the subnational democratic development.


These policy reforms and choices are by no means assured. They will take time, perhaps over the next decade and will depend upon policies chosen. It is therefore necessary and this research attempts to, not limited, reflect on and assess the current state of D&D policy implementation in Cambodia and to identify what’s working well and where there are gaps. More specifically, it is important to understand:
1. The current state – where is Cambodia in the process of decentralisation?
2. What sort of policies, laws and powers are in place and what are needed for an effective subnational government?
3. What sources of income the subnational government shall have?
4. How effective is the D&D work and to what extent do the District Councils (DCs) functioning and support of the Commune Councils (CCs) allow them (CCs and DCs) to respond to the needs and concerns of community people
5. How can human rights be promoted within the local Councils?


The results of this research/discussion will contribute substantially to both Cambodia and the Government. Firstly, it will guide a better vision and steps forward for strengthening D&D implementation. Secondly, it will make recommendations for some aspects of powers, laws and regulations that need to be in place for greater success of D&D towards strengthening the good governance and democracy in Cambodia. And lastly, while Cambodia has recognised the importance of civil society participation in all aspects of development, the findings will provide thoughts for better policy making, choices, and correction along the way for better engagement of civil society in the process.

I do hope you can contribute/respond to one or more above questions. Your ideas and inputs on this important D&D reform in Cambodia are the most welcome.

I look forward to hearing from you.

With the best regards,

Sinthay NEB
The Advocacy and Policy Institute (API)