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Implement Agency:  Project Coordination Office, Ministry of Interior

Good Governance Framework Workshop to Enhance Understanding of Element 3 – Disclosure and Access to Information

CONCEPT NOTE

Introduction

Transparency and access to information are two key contributors to Demand for Good Governance (DFGG) and Social Accountability (SA). The RGC has the following objectives with its commitment to transparency and access to information:

1. Reduce corruption, cronyism and inefficiencies in the public administration.

2. Reduce mistrust, rumor, and ignorance regarding public issues, particularly in the rural areas, where access to public information is often limited to ‘word of mouth’.

3. Avoid tension and potential conflict caused by inadequate or inaccurate information.

4. Build a stable, functioning democracy and a vibrant, informed, and tolerant citizenry.

Over the last 5 years the World Bank and Asian Development Bank have introduced “Good Governance Frameworks” as a means to manage and monitor project governance but these action plans have only been partially implemented to date by most implementing agencies. One consistent finding of the various reviews of these GGFs has been the need for more awareness building and training in the role of GGFs in project management and their use as a tool to improve the effectiveness and efficiency of project funds. This is particularly relevant in relation to the demand side or social accountability elements (disclosure, role of civil society and complaints handing mechanisms) of the GGF which have lagged due to less understanding and capacity for implementation.

In June 2010, the MEF, World Bank and ADB supported a pilot workshop to enhance understanding of project complaints handling. Over 2 days, this workshop brought together management, technical, procurement and FM staff from around 20 government implementing agencies. It set out, in relation to the complaints handling element of the GGF, the principles, best practices and mechanisms for developing a CHM, and raised the level of awareness among those who attended as to the relevance of this demand-side dimension of good governance to their project.

Given the mandate of the Demand for Good Governance (DFGG) project, and the reallocation of a substantial amount of funds to establish an enhanced Learning Program, it has been proposed that the DFGG project, in conjunction with the MEF (which is responsible for compliance with the GGF), now organize a number of similar learning sessions for Implementing Agencies on the more challenging elements of the GGF. It is proposed that the first workshop focus on Element 3: Disclosure.

An integral part of each GGF is concerned with a Project’s responsibility related to disclosure, conflict of interest, transparency, access to information and public awareness – all GGFs include a requirement for projects to disclose a range of information on a regular basis. This includes all project documentation, project management documents, procurement (bids and results) and FM documents (audits and IFRs) as well as Technical reports as they are completed. Element 3 also requires staff to disclose any conflict of interest in their undertaking their role or any activity in the project.

To date, there has been a mixed response to this element of the GGF, with varying levels of disclosure. Some IAs have established websites and put in place communications efforts which they use to regularly provide access to all project information. Other IAs have found this element more of a challenge and will benefit from learning about the principles and practices of disclosure.

Expected outcomes and outputs

The purpose of this inter-ministerial workshop is to provide a forum for learning about the principles and practices of disclosure for the Implementing Agencies of World Bank and ADB? projects. The outcome of the workshop will be better understanding and ability of Ministries and Project Offices to implement the Disclosure and Access to Information element of the GGF. Workshop participants will be trained to understand the meaning, implication and implementation of the GGF element related to disclosure, conflict of interest, transparency, access to information and public awareness, and be armed with the knowledge to improve their IAs implementation of this element.

Scope

The contents of the workshop will be further developed in consultation with the MEF, World Bank and ADB officers responsible for the implementation of the GGF.At this time it is envisaged that the workshop will focus on: (i) the principles of disclosure, (ii) the emerging practices of disclosure, and (iii) the implementation of the disclosure requirements of the GGF.

The following outline (similar to that for the CHM workshop) is proposed as a basis for discussion:

A. Introductory sessions

1. Introduction by high level officials from MEF and MOI

2. Short session providing background and function of the GGF by MEF staff

B. The context of Disclosure worldwide

3. The principles of disclosure (why disclose? How has disclosure changed development and governance)

4. International Best Practice to provide the setting for disclosure (e.g. EITI, COST, corporate policies, the World Bank Access to information policy, )

C. The Disclosure element of the GGF

5. The scope and content of the GGF element 3 on disclosure

6. Best practice in Cambodia (2-3 selected IAs present the scope and processes they have followed in the implementation of the requirements of the GGF, including their websites and project information materials, allocation of responsibilities within project teams, costs etc.)

7. Smaller working group sessions to discuss how each IA will take their implementation to the next level. (this could be by Ministry or by project)

8. Plenary wrap up

9. Closing session by MOI or MEF senior official.

D. Follow up sessions planned with individual IA teams

Target Audience

The participants in the GGF workshop on Disclosure and Access to Information will be the project directors, managers and team members responsible for GGF implementation and in particular disclosure, from all Implementing Agencies, and other interested development partners.

The total number of participants will be around 80-100. The workshop will be designed with multiple facilitators and structured small group work to ensure all participants will be able to actively participate.

Resources

The budget for this workshop is of $50,000. PCO will engage a designer/facilitator, provide all logistics support, and conduct an evaluation of the workshop. PCO will coordinate closely with the MEF, WB and ADB to ensure a collaborative effort.

Timing and Location

The training will be organized in February 2012. The exact date will be determined in consultation with MEF, WB and ADB. It is currently proposed that the workshop be conducted in 1 day (with follow ups for selected IAs) in Phnom-Penh, at a venue to be decided.

 

 

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Theme 13: Social Accountability Forum

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Training Module 11Nov12

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In this documents, there will be activities planning and expected output after the training.

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Lesson Learn 02 Nov 2012

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ក្នុងកម្រងឯកសារនេះនឹងមានឆ្លុះបញ្ចាំងនូវខ្លឹមសារគោលមានដូចខាងក្រោម៖

  • ភាពជាដៃគូ,
  • ការអភិវឌ្ឍសមត្ថភាព,
  • យន្តការតភ្ជាប់ទំនាក់ទំនងប្រជាពលរដ្ឋតាម
    • រយៈវេទិការសាធារណៈ,
    • សកម្មភាពយោបល់មូលដ្ឋាន,
    • ការកសាងផែនការនិងចំណាយថវិកា
  • ការចងក្រងបទពិសោធន៍គម្រោង,
  • ការត្រួតពិនិត្យនិងវាយតំលៃកម្មវិធី និងសមាសភាពយេនឌ័រ។
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Public Forum Handbook 11Nov12

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សៀវភៅកម្រងបទពិសោធន៍នេះ គឺជាការចងក្រងបទពិសោធន៍ជាក់ស្តែង របស់ក្រុមប្រឹក្សាក្រុងស្រុកដែលបានរៀបចំ និងអនុវត្តវេទិកាកន្លងមកនៅស្រុកថ្មគោល ខេត្តបាត់ដំបង ក្រុងពោធិ៍សាត់ និងស្រុកព្រៃឈរ ខេត្តកំពង់ចាម ដើម្បីចូលរួមចំណែកក្នុងការអភិវឌ្ឍតាមបែបប្រជាធិបតេយ្យ។ សៀវភៅកម្រងបទពិសោធនិ៍នេះនឹងជួយក្រុមប្រឹក្សាក្រុង ក្រុមប្រឹក្សាស្រុក ព្រមទាំងអ្នកពាក់ព័ន្ធដទៃទៀតបានជួបជុំគ្នាក្នុងគោលបំណងពង្រឹងទំនាក់ទំនងអោយកាន់តតតែប្រសើរ ជាពិសេសបង្កើនការយល់ដឹងអំពីការអភិវឌ្ឍប្រកបដោយប្រសិទ្ធភាព គណៈនេយ្យភាព និងកសាងភាពជឿជាក់នៅក្នុងសហគមន៍។

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Theme 12: Civil Society Role in Governance

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Theme 10: Local Conflict Resolution

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I Objective:
Provide MoI with policy options to devise a legal framework on local conflict resolution (decrees, sub-decrees, and guidelines) and identify gaps in knowledge and skills with the actors who assist with conflict resolution under the Organic Law.

 

The policy options should address all current challenges faced by the Legislative Council. These challenges include but are not limited to:
1 At what administrative level (Province, District, Commune, Village) is local dispute resolution most needed?
2 What are the necessary characteristics and minimum standards for local dispute resolution systems? (fairness, reliability, availability, robustness, cost, capacity of actors, etc.)
3 What systems of local dispute resolution are currently being used?
4 What systems of local dispute resolution meet these characteristics and standards?
5 How can these systems be supported or replicated?
6 What systems of local dispute resolution can be formalized through National legislation?
7 What are the scope and the type of cases (jurisdiction) that these systems of local dispute resolution are considering? How will the legislated system interact with other alternative dispute resolution mechanisms?
8 What is the role of the Provincial and District Councils? What is their capacity to play this role? What are the risks?
9 What other actors will have a role in the systems of local dispute resolution? What is their capacity to play this role? What are the risks?
10 What are the steps and costs involved to setting up and maintaining these systems of dispute resolution? What are the costs to the users?
11 What is the relationship between the local system of dispute resolution and the formal justice system? What is the relation between the legislation for the Councils' role and other mechanisms for ADR?
12 What is the capacity gap of the councilors and other actors to ensure local disputes resolution meets minimum standards?

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Theme 8: Communication for Accountability

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Training Workshop Objectives
Communication is an effective way to convey knowledge and skills, hence is an integral part of the training sessions. The participants of the training sessions will become more aware of the communicative factors to find information and to deal with certain challenges that may arise. The participants will engage in five specific steps: inform, consult, involve, collaborate and empower citizens and other stakeholders - in their local developments to understand accountability. Communication tools for engagement on the district levels and CSOs are also provided so that the participants know how to use these tools in the long term thus providing an effective and sustainable service to citizens. It also needs the participants to understand how to engage five specific steps --

 

Outputs
Based on the objectives, the training workshop expects:
- The participants are able to understand and communicate effectively in social accountability.
- The participants are able to communicate with state and non-state actors, as well as other stakeholders in social accountability.
- The participants are aware of how to inform, consult, involve, to collaborate and to empower citizens and other stakeholders of both state and non-state actors in social accountability.
Outcomes
Sub-national officials and CSOs work in partnership with capacity to use effective communication tools--promote social accountability through increase participation of citizens to demand for their quality social services by using the five steps such as Inform, Consult, Involve, Collaborate, and Empower to ensure that final decision making in the hand of citizens.
Methodology
Participants are from both local government and CSOs, and the session will run with both explanatory and participatory activities. The lecturers/speakers and participants will share their ideas and opinions though group discussions and Q&A. As well as organizing stimulating activities such as role play, energizers, organizing press conference and media interviews. Pre and Post testing will be arranged for organizers to understand whether progress has been achieved, so that participants can communicate with the district government the concept of accountability.

Resources
As the consulting service provider for Communication Support for Good Governance Knowledge and Learning Program-, the NGO CHEMS is collaborating with PCO. CHEMS will provide experts and relevant speakers on communication for accountability during the whole training workshops. The experts and speakers will be PACT-Cambodia, API, Media, ... who have much experiences on using communication to promote social accountability.

Participants
30 participants from local state and non-state will be invited to the pilot training workshop. 10 participants of 5 districts will be District governor and District Councilor, who are responsible for dissemination information, 20 CSOs participants, who work closely to the 5 Districts, will be selected.

Curriculum Development
The training curriculum is developed based on the five steps such as Inform, Consult, Involve, Collaborate, and Empower . The workshop will be done in 2 days during the month of December, 2012. The curriculum is developed in Cambodian contextualize with speakers who specialize in communication and accountability.
The concept of accountability is rooted deep into the two-day workshop event, with the five specific steps to - Inform, Consult, Involve, Collaborate, and Empower the public. The following is the detail of the five steps:
- Inform: Aim to provide participants tools to disseminate information, identify opportunities, challenges and solutions thus providing the public the ability to make an informed choice, whilst being supported. The key message is "We keep you informed".
- Consult: After disseminating the public information. Feedback from the public is needed to understand the extent of its impact. This step can assist the workshop participants to get an idea how to acknowledge/analyze the public's feedback before making a decision. With a response, "With your feedback, we have acknowledged your concerns and we will make the necessary changes to meet your needs".
- Involve: To ensure that the public's feedbacks, concerns, and needs are understood. The next step will be to provide the participants tools on how to work with the public -- citizens, partners, CSOs, and other stakeholders -- so that the public can participate in the decision making for accountability and development. The key message: "We will work with you to ensure that your concerns, aspirations, and inputs are considered and integrated into our decision making" to the public must be used.
- Collaborate: This step will provide the participants to understand how to cooperate with partners, CSOs and other stakeholders,
including the commune/sangkat councils to identify opportunities, challenges and solutions for accountability in development. "We will follow through with your advice, innovations, suggestions and recommendations for our decision making" will be portrayed to the public.
- Empower: This step is an important time for the public to make a decision. It will provide the participants to set up a platform and hand over the decision making to the public. The key message, "We will implement what you decide" will be outreached to the public.
PCO Contribution
As the project coordinator office, PCO must help with CHEMS:
- Provide basic workshop material: Learning materials such as copied course material, pencils and paper, post-its and other stationary equipment; and teacher tools such as LCD, screen and laptops, white boards, markers, flipcharts and other technical equipment.
- Translation & Interpretation: Arrange for the translation of materials into Khmer language as well as supplying translation for the consultant's report once the workshop is completed.
- Arrange venue: The workshops requires a big conference room, large enough for 30 persons, which available for group work (9-10 persons) with Audio/Visual capacity [PowerPoint projector and screen, and interpretation booth and earphones].
- Participant logistics and administration: Identifying participants and making invitations, including participant registration/communication; arrange food and refreshment during the workshops, administer per diem and travel expenses for participants etc.
- Evaluation: Measuring results on the outcome level of the theme.

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Theme 6: Conciliation

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(I) Problem definition 

In Cambodia most disputes are still resolved outside of the conventional court system. If the dispute cannot be resolved by the parties concerned a trusted third party is often invited to mediate the dispute. These dispute resolution systems are not formalized and a wide range of mediation systems and parties are present. The mediators can be religious figures (respected monks), from the executive branch (from the village leader upto certain ministries), from the legislative branch (council members) or civilians (respected elders.) These mediators are not trained in the principles of mediation and the process is not defined. The outcome of the mediation process is not binding and there are no mechanisms to enforce the decision.

The Arbitration Council is one the mechanisms for alternative dispute resolution. One third of more than 1,100 cases registered at the AC have been successfully conciliated at the Arbitration Council. This means that the experience of the Arbitration Council is worth sharing with other conciliators people call on to assist with resolving differences and conflicts.

The Organic Law (May 2008) establishes systems for sub-national representation and decision making. Related to Local Dispute Resolution, the Organic Law stipulates that the Councils at Capital, Province, Municipality, District and Khan level, will take appropriate actions to solve local conflicts within its jurisdiction. Many questions related to the implementation of the Organic Law remain. A Legislative Council (LC) in the MoI has been charged by the Minister to come up with the draft Sub-Decree as soon as possible. The LC needs additional information before it can start drafting. A study (supported by DFGG) has been initiated and the TOR are currently under consideration by the council. By sharing its experiences related to conciliation, ACF should not pre-empt the conclusions of the committee currently drafting the sub-decree. The activities under this conciliation theme should be complimentary and integrated into the research currently ongoing to support the drafting of the sub-decree.

This concept note outlines how ACF could share its experience with conciliation and share it with the right actors at the grassroots level. The sharing sessions will be a useful tool for capacity building after the sub-decree is finalized and the selection of the target audience will be a supportive case study for the research framing policy recommendations for the sub-decree on sub-national dispute resolution.

(II) Expected outcome

Participants will learn universally-accepted principles and acquire knowledge in conciliation from the hands-on experience of the Arbitration Council. They are expected to improve their conciliation skills by managing their conciliation sessions more effectively and producing higher number of conciliated agreements.

Participants will able to:
• be familiar with universally-accepted principles in effective conciliation
• synthesize their conciliation experience with that of the Arbitration Council and other expertise collected from other sectors for further improvement of their conciliation skills
• refer cases for which a special ADR mechanism exists and understand the related dispute resolution process (including the work of the Arbitration Council)

(III) Target audience

In order not to pre-empt the results of the study on sub-national dispute resolution currently in preparation, ACF will adopt a method of selecting the participants that will contribute to the study. ACF will select five villages around Phnom-Penh and randomly select ten families. The families will be interviewed about the types of disputes they had over the last year, the way these disputes were resolved, the actors they invited to mediate and the quality of the process and its result. The result will be a set of fifty mini-case studies identifying types of disputes, mediators and capacity gaps.
The actors that were most consulted by the families interviewed will be invited for the learning event. The learning will focus on the subjects that are most common and on the skills that are most needed.

(IV) Outline of the learning event:
The learning event will focus on the key principles in conciliation/ mediation and on effective conciliation techniques (This covers such skills as managing conciliation/ mediation process, remaining impartial, dealing with resistance to conciliation/ mediation...) In addition subject specific information will be provided based on the result of the case studies. If domestic violence is a common dispute, ACF will seek the cooperation of experts and organizations working on these issues to develop subject specific advice. ACF will of course provide the expertise to develop a unit if labour disputes are a common conflict among interviewees.

(V) Methodology

It is suggested that a two-pronged approach be taken for this program: training and outreach.

The training methodology consists of presentations, case studies and Q&As. A user-satisfaction questionnaire will be distributed in order to evaluate the results and its success among trainees. There should be a maximum of 25 participants each training session.

Outreach component of the program is to be provided by consultants to disseminate to target audience the conciliation manual and other course materials. The number of audience will be discussed and agreed on between PCO, ACF and the consultants.

(VI) Location

Training is organised in some or all of the villages where interviews were conducted (depending on the number of mediation actors identified.) Outreach is nation-wide depending on where the target audience is.

(VII) Schedule

The training runs for one full day.

Dissemination of outreach materials should be made alongside with training program and beyond if necessary. The total coverage depends on the availability of funds.

(VIII) Trainers and outreach service providers

To ensure sustainability, a Cambodian NGO will be trained to deliver the training at the grassroots level. This NGO will be selected by the PCO.
The facilitators of the Cambodia NGO will be trained by members of the Arbitration Council and its Foundation and external conciliation experts. The NGOs will take the lead during the delivery of the training at the grassroots level but they will be supervised and supported by conciliation experts.
Outreach consultants as individuals or organisations will be procured for administrative and logistical arrangements for the training and development of training manual in consultation with the trainers. Their consultancy will also include implementation of outreach activities such as dissemination of the manual and other outreach materials to the target audience.

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