ANUKRET DATED AUGUST 15, 1997

CREATING THE LEGAL COORDINATION UNIT

WITHIN THE OFFICE OF THE COUNCIL OF MINISTERS

The Royal Government of Cambodia,

upon proposal of the Co-Ministers of the Office of the Council of Ministers;

decide:

Article 1

It is created within the Office of the Council of Ministers a Legal Coordination Unit that is placed under the authority of the Ministers of the Office of the Council of Ministers.

Article 2

The Legal Coordination Unit is in charge of the following tasks:

  1. To carry out audits of the current legal systems, with the purpose: (i) of identifying the priority actions as regards to redrafting legal texts; (ii) to propose action plans for the medium term which fall under an overall approach of reform; (iii) to evaluate the requirements in legal vocational training induced by these reforms and to identify the priority actions to be carried out in this sector.
  2. To help to define the guiding principles of a new legal system which: (i) is in conformity with the provisions of the Constitution; (ii) complies with the guidelines given by the Royal Government; (iii) preserves an overall coherence; (iv) which harmoniously develops a market economy support; (v) that is to say, comprehensible by the people in charge of its implementation and by the population.
  3. To take part and assist the Ministries, the Secretariats of State and the Public Organizations in the drafting process of Laws and regulations.
  4. To maintain a legal database.
  5. To assist the Ministries, the Secretariats of State and the Public Organizations in the strengthening of their legal capacities.
  6. To provide legal support (information, interpretation of the texts, analysis of legal documents or contracts, etc.) at the request of any Line Ministry or Public Organization.
  7. To evaluate and assist in coordinating the programs of legal assistance financed by the multilateral or bilateral donors.
  8. To undertake any study, or to lead or take part in any action of coordination in the area of legal system reform, at the request of the Ministers of the Office of the Council of Ministers.
  9. To provide the Council of Jurists and the General Secretariat of the Government with necessary technical aid.

Article 3

The Legal Coordination Unit shall be directed by a Director appointed by Anukret upon proposal of the Ministers of the Office of the Council of Ministers. He/she must have a high-level of legal training and experience enabling him/her to fulfill with effectiveness his/her functions.

The Director supervises the work of the Unit. He/she engages the expenses of the delegated budget of the Unit that is allocated by the Office of the Council of Ministers. He/she exerts the hierarchical authority over the personnel, signs the contracts, and generally has all the capacities necessary for the day-to-day management of the Unit.

He/she shall prepare quarterly reports on the activities of the Unit to the Ministers of the Office of the Council of Ministers.

Article 4

The organization and functioning of the Unit shall be defined by a prakas of the Office of the Council of Ministers.

Article 5

The permanent positions of the Unit shall be occupied by civil servants nominated or attached to the Unit. They shall have the legal training and experience that conforms with the description of their position. As needed, these positions may also be assumed by personnel under contract, if there is a financing from the donators for the aforementioned positions. These personnel shall have the legal training and experience that conforms with the description of their position.

The permanent personnel shall be able to receive allowances related to the level of activities of the Unit, whose amount and means of distribution shall be defined by the Director of the Unit, with the agreement of the Ministers of the Office of the Council of Ministers. These allowances shall be supported by the budget of the Unit.

Article 6:

The Director of the Unit is entitled, with the consent of the Ministers of the Office of the Council of Ministers, to recruit, for a limited duration, full-time or part-time consultants.

Article 7:

The financing of the activities of the Unit shall be provided by:

Article 8:

The Ministers, the Secretaries of State, all the Ministries and the Institutions concerned of the Royal Government shall implement this Anukret commencing from the signature date of this text.

Phnom Penh, August 15, 1997

The First Prime Minister

Ung Huot

The Second Prime Minister

Hun Sen