Impact of the Alternative Dispute Resolution Program Implemented by Buddhism for Development Cambodia Upon Law on Administrative Management of the Capital,

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Presentation transcript:

Impact of the Alternative Dispute Resolution Program Implemented by Buddhism for Development Cambodia Upon Law on Administrative Management of the Capital, Provinces, Municipalities, Districts and Khans Upon Law on Administrative Management of the Capital, Provinces, Municipalities, Districts and Khans

History 1999National Integration of all political factions in Cambodia 2000Physical integration but not emotional integration Started the conflict resolution program in the areas where former Khmer Rouge resettling nearby the in-country local people Peace and Development Volunteers (PDV) established to be the mediator between the two groups for conflict solution

History 2000Physical integration but not emotional integration Commune Human Rights Watchdog created to monitor the Human Rights violations in the areas 2002First Commune Councils Election 2003Established Committees to Prevent and Manage Human Rights Violation and Conflict Resolution (CPMHRV) within Commune Councils

History 2000Physical integration but not emotional integration Commune Human Rights Watchdog created to monitor the Human Rights violations in the areas 2002First Commune Councils Election 2003Established Committees to Prevent and Manage Human Rights Violation and Conflict Resolution (CPMHRV) within Commune Councils in Banteay Meanchey and Oddor Meanchey (funded by TAF)

History 2006Produced Handbook for Conflict Resolution in Cambodia based on the experiences of the project in Banteay meanchey and Oddor Meanchey province (by TAF and BFD) The Handbook studied and summarized by the Ministry of Interior The program was multiplied in other 5 provinces: battambang, Pailin, Siemreap, Kampong Thom, and Preah Vihear (funded by the World Bank, EWMI, KAF, and DANIDA) 2007The conflict resolution model was adopted and adjusted by the Ministry of Interior and the Ministry of Justice in 13 provinces replica in at the Commune Councils with funding from Spain through UNDP 2008Law on Administrative Management of the Capital, Provinces, Municipalities, Districts and Khans has been adopted and Solution of Local Conflicts is included in Section 6 with 7 Articles (Article 89 to 95)

Law on Administrative Management of the Capital, Provinces, Municipalities, Districts and Khans (2008) Section 6 Solution of Local Conflicts Article 89 The council shall take appropriate actions to solve local conflicts within its jurisdiction. Article 90 Local conflict is a private conflict between citizens in the jurisdiction of the same or different councils. Article 91 Solution to conflict shall be based on written complaints of both or any parties to the conflict submitted to the council, where the party or parties permanently reside(s) in the jurisdiction of that council. Article 92 The council shall mediate to solve local conflict to reach a solution that is acceptable by all parties to the conflict. In event that any party to the conflict does not accept the proposed solution, the council shall advise the party on legal procedures for continuing to solve the conflict. Article 93 When there is a request or a complaint raised by citizens under its jurisdiction, the council shall appropriately consider and address the request or complaint. In the event that the request or complaint is within its jurisdiction, the council shall take action to address it and inform the citizens accordingly. If the request or complaint is not within its jurisdiction, the council shall report it to the relevant ministries, institutions or councils for solution. Article 94 In the mediation to solve local conflict, the council shall not make decisions on the following issues: – Divorce; – Domestic violence which is characterized as criminal or misdemeanor offences; – Criminal or misdemeanor offences which are provided in the criminal code or in the framework of public order; – Conflict being addressed by a court or having received a decision of a court; – Conflict that has been assigned by law or the Royal Government to a specific institution or mechanism to coordinate and address. Article 95 Procedures for local conflict solution shall be based on laws or sub-decrees.

Human Resources Built by BFD for Alternative Dispute Resolution from Provinces # of District s # of commune # of villages # of PDV # of CPMHRV TOTAL VOLUNTEERS CPMHRV District Network TotalF F F # of Network Membership TotalF 1.Battambang 2.Pailin, 3.Banteay Meanchey, 4.Oddor Meanchey, 5.Siemreap, 6.Kampong Thom, 7.Preah Vihear

From 2006 – 2012 in 3 Provinces through DANIDA Fund A total of 105 times of training have been provided to all volunteers A total of 1,350 persons received training at commune, district, and provincial level. All the target grassroots institutions are equipped with skills and knowledge and are able to deal with the issues of Human Rights with less intervention from outside and know how to contact to the outer assistances. A total of 158 small grants (in average each grant is between $400-$1000) were provided to Commune Councils(CPMHRV), District Councils (DNHR), and the Department of Women (Pailin) to educate and discuss among their constituencies on law, Human Rights, conflict resolution, and good governance. 79 of all 100 Commune Councils have established a 10 years Commune Strategy in promoting Human Rights and have implemented some of activities with the small grants supported by the project Increased public awareness of basic human rights, the rule of law and peaceful conflict resolution mechanisms by all volunteers through dissemination of information on Human Rights and various related laws to 1,028,443 villagers of which 655,637 are women 173,108 are children

From 2006 – 2012 in 3 Provinces through DANIDA Fund All Human Rights Community Activist of all levels: (village, commune, and district) received 13,124 cases related to domestic violence, land conflict, Human Rights violation, gangster conflict, breach of contract, divorce, rape, etc. 10,510 cases were solved by the method of alternative dispute resolution and the rest were forwarded to the relevant authorities. Around 100 of them have been chosen and elected as local authorities, Commune Councils, and District Councils members. Human rights violations have decreased in the target areas. Local authorities display greater understanding of conflict prevention and alternative dispute resolution mechanisms. Greater public involvement in conflict prevention and greater capacity and willingness on the part of local communities to raise its voice and defend its rights. Women take an active part in the activities – in some communes women even form a majority of the PDVs – and an added bonus is that the activities help in giving the Kuoy minority group a voice in local level decision-making through their membership in the CPMHRVs. The all established grassroots institutions are still active in the alternative dispute resolution and the dissemination of information.