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Annex 3-24 Cambodia National Report

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Annex 3-24 Cambodia National Report Annex 3-24 Cambodia National Report Cambodia National Mekong Committee Report on the Compilation and Analysis of National Practices and Instruments on Addressing Inter-State Contentious Issues, Differences and Disputes over Trans-boundary Water and Related Natural Resources Management Issues Prepared for CNMC and FMMP By KHUON KOMAR Under the Mekong River Commission Terms of Reference for Short-Term National Expert for Compilation and Analysis of National Practices and Instruments on Addressing Inter-State Contentious Issues, Differences and Disputes over Trans-boundary Water and Related Natural Resources Management Issues Phnom Penh, July 2008 Table of Contents Page Executive Summary 3 Abbreviations and Acronyms 4 Chapter 1: Introduction 6 1.1 Overview 1.2 Scope and Content of Report Chapter 2: TBIDDs under Consideration of Legal Aspects 8 2.1 Constitutional Provisions 2.1.1 Sources of National Laws 2.2 Important Policies, Laws and Regulations 2.3 Water and Related Laws, Policies and Regulations 2.3.1 Water Law, Policies and Regulations 2.3.2 Environmental Law, Policies and Regulations ???? 2.3.3 National Reform Policy of Cambodia 2.4 System of Enforcement and Monitoring of Environmental Effects ???? 2.5 Administrative Law, Provisions and Practices ???? Chapter 3: Principles, Practices and Mechanisms Applied by MoFA/IC 24 3.1 Principles & Functions of MoFA/IC 3.2 Present Practices and Mechanisms Relevant to IDDs Chapter 4: Bilateral and Multilateral Mechanisms Applied by National and Local Authorities 29 4.1 Principles and Approaches 4.2 Description of Important Practices/Mechanisms 4.3 Lessons Learned and Relevance to Addressing TBIDDs Chapter 5: Conclusions and Recommendations 46 References 48 Annexes: 50 1. Glossary of Important Terms 2. Terms of Reference for the short-term National Expert for Compilation and Analysis of National Practices and Instruments on Addressing Inter-State Contentious Issues, Differences and Disputes over Trans-boundary Water and Related Natural Resources Management Issues 3. The draft outlines for the national report as introduced by Senior Legal 4. Proposed work plan prepared by the National Expert 5. Report on the Consultations Made with Some Institutions and on the fields visits to some provinces 6. Some legal documents and information regarding bi-/multilateral approach documents Annex 3-24: Cambodia National Report 2 Executive Summary Cambodia was very well-known during 1960’s as a peaceful island and neutral country in the Southeast Asia region. But from the beginning of 1970’s until early 1990’s, Cambodia went through a difficulty time, civil war, especially the devastation by the Khmer Rouge regime during April- 1975 to January-1979, during which, Cambodia was isolated from international community, especially relationship with its neighboring countries. After the country was liberated from such devastation by the Khmer Rouge, everything need to be reconstructed from zero, even under zero, since all kinds of infrastructures were completely destroyed, no schools, no money, no markets, etc. During 1980’s, although it was liberated from the Khmer Rouge regime, it was still, due to war of ideology, isolated and was under the international community sanction. With the assistance from the international community, all parties to the conflicts signed the Paris Peace Agreement ending the civil war and a general election was held afterward in 1993, boycotting by the Khmer Rouge faction. It would be very difficult for anyone to understand the situation in Cambodia after the Khmer Rouge regime and how Cambodia has to stand up from such destruction period. Cambodia needs to join the international and regional community, and, especially to reconstruct and strengthen bilateral relations and cooperation with its neighboring countries for the country’s rehabilitation. Different regimes have different laws and practices. The first legislature, according to Nguon Nhel, 1st Vice-President of the National Assembly, reported at to Ceremony to handle medals to the parliamentary Members and the staff of the National Assembly. On 8 April 2008, there 90 laws were adopted at the first legislature; 96 laws adopted during the 2nd legislature, and 126 laws were adopted at the 3rd legislature of the National Assembly (Rasmei Kampuchea, no 4562 of 09 April 2008). On human resources side, there was a tremendous need for the reconstruction of the country as a small numbers survived the killing. Within 15 years of its existence, the Kingdom of Cambodia has made a very good progress in terms of stability, security and economic development. Cambodia has reestablished its relationship with the international community and the relationship with its neighboring countries are stronger. As a member of the ASEAN or of the MRC, etc…, there were lots of things that Cambodia had to prepare itself to be an equal partner with other members of the organization, so that it can benefit from those organizations and serve the Cambodians’ interests. In this context, government’s policy and practices, in bilateral or multilateral relations have been set up aiming at facilitating the country development. This compilation and analysis of instruments and practices applied within the context of Cambodia is to comply with the MRC terms of reference for Short-Term National Expert for Compilation and Analysis of National Practices and Instruments on Addressing Inter-State Contentious Issues, Differences and Disputes over Trans-boundary Water and Related Natural Resources Management Issues. This paper is one of the four national reports from all NMCs compiled for the preparation of explanatory note – manual to implement the MRC Working Paper under the Flood Management and Mitigation Programme (FMMP). Annex 3-24: Cambodia National Report 3 Abbreviations and Acronyms • ACCSM : ASEAN Conference on Civil Service Matters • ACMECS : Ayeyawadi-Chao Phraya-Mekong Economic Cooperation Strategy • ADB : Asian Development Bank • AFTA : ASEAN Free Trade Area • AMBDC : ASEAN-Mekong Basin Development Cooperation • AH : ASEAN Highway • AMM : ASEAN Ministerial Meeting • AEM : ASEAN Economic Ministers Meeting • ASC : ASEAN Standing Committee • ASEAN : Association of South East Asian Nations • ASOD : ASEAN Senior Officials on Drug Matters • ASOEM : ASEAN Senior Officials Economic Meeting • ASOEN : ASEAN Senior Officials on Environment • CCCO : Climate Change Office of Cambodia • CDM : Clean Development Mechanism • CNMC : Cambodia National Mekong Committee • COCI : Committee on Cultural and Information • COSD : Committee of Social Development • COST : Committee on Science and Technology • BDP : Basin Development Program • EIA : Environmental Impact Assessment • EP : Environment Program • FMMP : Flood Mitigation and Management Program • FP : Fishery Program • GEF : Global Environmental Facility • GHG : Green House Gases • GMS : Greater Mekong Sub-region • JCM : Joint Consultative Meeting • JMM : Joint Ministerial Meeting • LMB : Lower Mekong Basin • LMO : Living Modified Organism • LNMC : Laos National Mekong Committee • MAB : Men and Biosphere • MAFF : Ministry of Agriculture, Forestry and Fisheries • MINE : Ministry of Industry, Mine and Energy • MOC : Ministry of Commerce • MOE : Ministry of Environment • MOFA-IC : Ministry of Foreign Affairs and International Cooperation • MOH : Ministry of Health • MOWRAM : Ministry of Water Resources and Meteorology Annex 3-24: Cambodia National Report 4 • MOU : Memorandum of Understanding • MRC : Mekong River Commission • NGO : Non-Governmental Organization • NMCs : National Mekong Committees • NCDM : National Committee on Disaster Management • RCAF : Royal Cambodian Armed Forces • RGC : Royal Government of Cambodia • SEOM : Senior Economic Officials Meeting • SOM : Senior Officials Meeting • UN : United Nations • UNESCO : United Nations for Economic, Social & Cultural Organization • UNFCCC : United Nations Framework Convention on Climate Change • VNMC : Vietnam National Mekong Committee • WEC : West-East Corridor • WMO : World Meteorology Organization • WTO : World Trade Organization • WUP : Water Utilization Program Annex 3-24: Cambodia National Report 5 Chapter 1: Introduction 1.1 Overview In 1991, the Paris Peace Agreement was concluded by the Cambodian parties to the conflicts with the support from international community. The general election was held in 1993 participating by all parties to the conflict, except the Democratic of Kampuchea, the Khmer Rouge faction, and fully supporting by international community, especially the United Nations. Cambodia could then get back its rights to sit at the UN and participate in other international forum and communities. Diplomatic relations with other countries have been re-established gradually. Cambodia steadily becomes a member of the regional and international grouping, such as Mekong River Commission (MRC), the Association of South East Asian Nations (ASEAN), the World Trade Organization (WTO), the Greater Mekong Sub-region (GMS), etc…… As its national reconstruction and development become greater, Cambodia needs further increase its close cooperation with other countries, especially neighboring countries so that all kinds of activities to serve its development in the fields of politic, economic, security, culture, etc.,.. It is also to note that among many trans-boundary issues, one of these to be resolved is its boundary demarcation with its neighbors. To have safe and security border, there is a need of clear border demarcation. It is believed that clear border demarcation
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