Factors affecting successful fiscal decentralisation in Cambodia

Alterations to Cambodia’s political and administrative structures under the Royal Government of Cambodia’s Sub-National Democratic Development (SNDD) reforms are still relatively new. The 2002 Law on Administrative Management of the Commune/Sangkat introduced directly-elected councils charged with producing development plans for their jurisdictions through participatory processes and given discretionary funds to carry out projects that met needs stated in these plans. The2008 Law on Administrative Management of the Capital, Province, Municipality, District and Khan (the ‘Organic Law’) allowed for indirectly-elected councils at provincial and district level, began the process of detailing and mapping the functions and fiscal resources to be assigned or delegated to sub-national authorities (SNAs) and defined the relationship between Cambodia’s 24 provinces, 193 rural districts, urban municipalities and khans, and 1,633 communes/sankgats (hereafter ‘communes’)(download).

The Rights of Indigenous Cambodians

This paper will address four points relevant to indigenous rights and welfare: access to education; access to health services; political inclusion; and land rights. An overview of each topic and current challenges will be provided, along with the results of recent field research conducted by the PIC. Field research was conducted in Adoung Meas, Bar Kaev districts in Ratanakiri and Pech Chreada in Mondulkiri, highlighted in Map 1, below.

In broad terms, indigenous Cambodians have worse outcomes than the national average in terms of health, education and land related indicators, except for their political inclusion. However, efforts have been made to address this imbalance, most successfully in education. Cambodia is now considered a regional leader in providing effective education programmes to its indigenous population. Health related issues have also gradually been improving. However land rights issues are more complex(download).

Oil and Gas Revenue Management Options for Cambodia

At a moderate rate of production, Cambodia’s oil and gas revenue could provide revenues of around $500 million a year for 20-25 years, and is estimated to peak in revenue at between $1.7 billion and $6 billion per annum for a small number of years. However, a recent drop in the value of oil and gas, which is forecast to continue into the foreseeable future, largely due to a number of large gas projects commencing production across the world, may have reduced the interest and profitability in developing Cambodia’s oil and gas reserves(download).

ការគ្រប់គ្រងចំណូលពីឧស្ម័ន និងប្រេង

ក្នុងអត្រាមធ្យមនៃផលិតកម្ម ចំណូលពីប្រេង និងឧស្ម័នក្នុងប្រទេសកម្ពុជា ត្រូវបាន​ប៉ាន់​ស្មាន​ថាមាន​តម្លៃ​ប្រហែល ៥ រយលាន​ដុល្លាអាមេរិក​​​​ក្នុង​មួយ​​ឆ្នាំ ក្នុងរយៈពេលពី ២០ ទៅ ២៥ ឆ្នាំហើយ​ក៏​មាន​​ការ​ប៉ាន់​ស្មាន​​​​ថា​នឹងកើនឡើង​ខ្ពស់បំផុត​ក្នុងចន្លោះ ១.៧ ពាន់លានដុល្លាសហរដ្ឋអាមេរិក ដល់​ ៦ ពាន់​លាន​​ដុល្លាសហរដ្ឋ​អាមេរិក ក្នុង​មួយឆ្នាំៗ ក្នុងអំឡុងពេលមិនច្រើនឆ្នាំប៉ុន្មានឡើយ។ ប៉ុន្តែ ការធា្លក់ចុះ​តម្លៃ​​ប្រេង និង​ឧស្ម័ន​ពេលកន្លងទៅ​ថ្មី​ៗ​នេះ ​ ដែលត្រូវបាន​​ព្យាករណ៍ថានឹងបន្តធ្លាក់ចុះ​នាពេល​អនា​គត​​​ខាងមុខ ​មូល​ហេតុ​​​ចំបងដោយ​សារមាន​​គម្រោង​រុករកឧស្ម័នធំៗ ​ កំពុងបាន​​ចាប់​ផ្តើម​ដំណើ​រការ​ផលិត​កម្មរបស់ខ្លួននៅ​​ទូទាំង​ពិភព​លោកនោះ ការចាប់អារម្មណ៍ និងផលចំណេញ ក្នុង​ការអភិវឌ្ឍវិស័យ​ប្រេង​ និង​ឧស្ម័ន​បម្រុងនៅ​កម្ពុជា​​ អាចថយចុះ។ (download)

Rent Control Laws End Up Strangling Housing Supplies

New rent control laws were passed by the National Assembly with support from both major parties, and will be implemented in the coming year. The law mandates a freeze on rental prices for garment workers for two years, during which time the rental price may not be increased.

Electricite du Cambodge (EdC), the state electricity provider, has been tasked with surveying the areas with a high density of dwellings rented by garment workers in order to assess rent prices, which will be fixed when the law is implemented. The rent control laws are implemented concurrently with laws to reduce the price of electricity for tenants using less than 50 kilowatt-hours per month, which will cut the expenses of low-income workers including those in the garment industry (read more).

Restricting alcohol marketing

The government of Cambodia has introduced restrictions for broadcasted alcohol advertisements, in an effort to ‘reduce the number of fatalities resulting from drunk driving.’

 

Going into effect on October first, television and radio stations will be prohibited from broadcasting alcohol advertisements between 6 p.m. to 8 p.m., according to the Ministry of Information. Following this 2 hour time ban, will be a more general ban on beer and liquor advertisements, going into effect in January of 2015. However, details of the 2015 ban have not yet been made public(read more).

Q&A: BNG Legal counsel Sujeet Karkala

As Asean nears its already delayed deadline of becoming a single market by the end of this year, Indian companies are recognizing the opportunities here, says Sujeet Karkala, counsel with BNG Legal. He moved to Cambodia seven months ago to blaze a trail for his enterprising countrymen and spoke to Khmer Times about some of the legal opportunities and challenges Indian companies face in the region. (read more)

UN APERÇU DES TRADIT IONS JURIDIQUES KHMÈ RES

Article de Gregory Mikaelian lors du Campus Asie 2014.

http://precedents.avocatcampusinternational.org/interventions/1_Gregory_Mikaelian.pdf

Government Releases Draft Law on Food Safety

The Commerce Ministry on Wednesday released a draft of the country’s first food law, which establishes a Food Safety Authority charged with protecting domestic consumers and ensuring that exports meet international standards.

The law—expected to be finalized and sent to the Council of Ministers by the end of next month—lays out a long list of punishable offenses, including selling food that contains harmful substances, mislabeling food, preparing or selling food in unsanitary conditions and operating a food business without a license(more).

https://www.cambodiadaily.com/news/government-releases-draft-law-on-food-safety-88533/

Recent Developments in Commercial Arbitration in Cambodia

2014 has witnessed a number of significant positive developments in commercial arbitration in Cambodia. It has seen the first Cambodian final appellate court decision enforcing a foreign arbitral award and the adoption of arbitration rules by the Cambodian National Commercial Arbitration Center (NCAC). These developments have the potential to transform Cambodia rapidly into a jurisdiction where commercial disputes can be resolved efficiently and with a maximum of transparency. They may catapult Cambodia ahead of some other ASEAN jurisdictions which, by comparison, are lagging in the area of commercial dispute resolution(more).

http://www.dfdl.com/images/stories/Articles/Cambodia/DFDL_Article_Recent_Developments_in_Commercial_Asian_on_Dispute_Review_January_2015.pdf

Arbitration Body Takes On Code of Ethics

Almost five years after it was established, the National Commercial Arbitration Center (NCAC) on Monday met in Phnom Penh to adopt a code of ethics in a bid to attract more clients to its alternative dispute resolution services.

The arbitration center was created in 2010 to provide businesses an alternative to the country’s courts but has still not heard a single case. Ros Monin, its president, said Monday he hoped the code of ethics would change that(more).

https://www.cambodiadaily.com/business/arbitration-body-takes-on-code-of-ethics-81556/

Arbitration Body Receives First Complaint

The National Commercial Arbitration Center (NCAC) received its first complaint last week, almost five years after it was set up, the center’s president said Tuesday.

Ros Monin, NCAC president, said that the arbitration body received the complaint—involving a dispute between a foreign national who rented a factory building in Phnom Penh and that building’s owner—on Thursday.

“Since we announced that we are ready to receive cases, now we have just received our first complaint, which involves a conflict over the implementing obligations of a factorybuilding rental agreement in Phnom Penh,” Mr. Monin said (more).

https://www.cambodiadaily.com/business/arbitration-body-receives-first-complaint-84450/

Cambodia's swift accession to Madrid Protocol

The Madrid System for the international registration of marks, governed by the Madrid Protocol, is gaining popularity across Southeast Asia. Several countries in the region are preparing to implement Madrid as part of their commitments toward regional integration via the ASEAN Economic Community, which will be created at the end of 2015(read more). 

http://www.managingip.com/Article/3456797/Thailand-Cambodias-swift-accession-to-the-Madrid-Protocol.html

Cambodia intellectual property laws & regulations

While Cambodia’s accession to the World Trade Organisation (“WTO”) in September 2004 brought with it obligations  to implement a number of intellectual property (“IP”) related laws and regulations, the application, registration and enforcement mechanisms, while strengthening year on year, remain relatively nascent in comparison with more developed IP protection regimes in Europe and elsewhere.  Recently,  Cambodian authorities dealing with patents, copyright, design rights and trademarks, in conjunction with attendees from the European Patent Office and the Office of Harmonization for the Internal Market (“OHIM”), have indicated a pro-active approach to strengthening intellectual property rights (“IPR”) protection in Cambodia. The laws implemented to date in relation to IPR protection include the Law on Trade Marks, Trade Names, and Acts of Unfair Competition (2002) (“Trade Mark Law”); the Law on Patents, Utility Model Certificates and Industrial Designs (2003) (“Patent Law”); the Law on Copyright and Related Rights (2003); and the Law on Management of Seeds and Breeders’ Rights (2008). In addition to these laws, the Royal Government of Cambodia has also recently issued sub-decrees and regulations for implementing these laws such as the Sub-Decree on Implementation of the Law on Trade Marks, Trade Names, and Acts of Unfair Competition (2006); the Prakas on Procedures for Granting Patents and Utility Model Certificates (2006); and the Prakas on Procedures for Registration of Industrial Designs (2006). The recently implemented Law on Geographical Indications of Goods (2014) and the number of products granted such protection thus far is yet another indication of Cambodia’s commitment to providing robust protection to IPR holders(read more).

http://www.lexology.com/library/detail.aspx?g=f3634aa5-d093-4f16-97ea-c3863ad3be4e