Fiscal Decentralization Reform in Cambodia by Asian Development Bank;

Author:Asian Development Bank;
Language: eng
Format: epub
Publisher: Asian Development Bank Institute
Published: 2019-08-15T00:00:00+00:00

3.6 Practical Approaches and Lower Level Regulations for Reassigning Functions

Functional mapping and review. Following the enactment of the Organic Law (2008), for a period from around 2010 to 2015 and with development partner support, the NCDD focused on undertaking detailed mapping and then reviews of the functions of key ministries, including those responsible for education, health, social affairs, agriculture, forestry, fisheries, rural development, and irrigation. In line with detailed NCDD guidelines, this work produced a lot of very detailed functions and subfunctions for possible assignment or delegation (hundreds in some ministries and thousands in one ministry). However, this did not lead to many substantive or well-coordinated decisions by either the NCDD or the ministries concerned, many of which were reluctant to give up powers and resources. To some extent, this mapping and review work continues today within other ministries (including those responsible for public works, transport, the environment, and tourism), though work is proceeding in less detail. While the results of this less detailed work seem easier to follow, there appears to be no identification and agreement of major functions to assign or delegate, or, more importantly, substantive government-wide coherence to a reform strategy for reassigning substantial assignments.

The NCDD has concluded in recent years that it needs a more direct top–down politically led approach, particularly with the backing of the Deputy Prime Minister and Minister of Interior—and in some cases, the Prime Minister and the Cabinet. This approach is starting to produce results, though still at the level of individual ministries. Many remain reluctant even if politically pressured. Key sectors and ministries broadly agreed on the transfer of 28 functions across the following: (i) education; (ii) public works; (iii) transport; (iv) environment; (v) agriculture; (vi) forestry; (vii) fisheries; (viii) rural development; (ix) social affairs; (x) tourism; and (xi) irrigation. These are at varying stages of development with a small number having been recently approved for functional reassignments or delegations. Section 3.7 reviews the more substantive of these initiatives by ministry.

Progressing permissive functions and the general mandate. Running concurrently with this work, the NCDD has spent significant time working on defining and progressing the role of permissive functions (the so-called general mandate) at subnational levels and particularly for municipalities and districts. Sub-decree No. 285 (November 2014) addresses permissive functions of subnational administrations, setting out management arrangements for permissive functions for all three subnational tiers. It focuses on procedures for identifying and regulating discretionary actions that the local administrations choose themselves, which either must not be the responsibility of a central government ministry or, where it is a central ministry responsibility, the relevant ministry has no objection to local provision of the activity.14 Principles whereby local discretionary functions can be selected (i) are not legally prohibited; (ii) are under the jurisdiction of the relevant council; (iii) can be effectively and efficiently managed locally; (iv) can provide benefits to local citizens; and (v) meet the needs of local citizens, especially women, children, and the vulnerable. The council shall approve agreed permissive functions to

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