KINGDOM OF CAMBODIA

National – Religion – King

 

CS/RKT/0900/160

REACH KRET on

The Creation of Cambodian Authority for

for De-mining Activity and Rescue of Persons Handicapped by Mines

 

We,

Preah Bat Norodom Sihanouk,

King of the Kingdom of Cambodia,

 

 

-           Having seen the Constitution of the Kingdom of Cambodia;

-           Having seen Kret NS/RKT/1198/72 of November 30, 1998 on the Appointment of the Royal Government of Cambodia;

-           Having seen Kram 02/NS/94, dated July 20, 1994, promulgating the Law on the Organization and Functioning of the Council of Ministers;

-           Having seen Kram NS/RKM/0599/03 of May 28, 1999, promulgating the Law on the Prohibition of all kinds of Anti-personnel Mines;

-           Having seen Kram NS/RKM/0699/138 of June 21, 1999,on the Amendments to the Kram NS/RKM/0295/16 of February 25, 1995;

-           Pursuant to the proposal of the Prime Minister of the Royal Government of Cambodia;

 

ORDERS

 

CHAPTER 1

Legal Substance of the Cambodian Authority for

De-mining Activity and Rescue of Persons Handicapped by Mines

 

Article 1:

To form a Cambodia Authority for De-mining Activity and Rescue of Persons Handicapped by Mines  “CADARPRHM”. CAMDARPHM shall be subject to the direct supervision of the Prime Minister.

 

CHAPTER 2

Roles and Duties

 

Article 2:

The roles of CADARPHM shall include the control over any mine disposal and explosive ordnance remaining in the land and the rescue of Persons Handicapped by Mines in the Kingdom of Cambodia. The CADARPHM shall be the only national authority representing the Royal Government at all international meeting for mine action and explosive ordnances and rescue Persons Handicapped by Mines. The CADARPHM shall represent the Royal Government in entering into all bilateral agreements, protocols, and contracts on mine action and explosive ordnance and rescue of Persons Handicapped by Mines.

 

Article 3:

The CADARPHM shall have the duties to:

 

(a)     Develop policies for mine action and explosive ordnance and rescue of Persons Handicapped by Mines;

 

(b) Develop strategic vision for the medium and long-term of mine action and explosive ordnances and rescue persons handicapped by mines;

 

(c)     Develop a five-year strategic plan for mine action and explosive ordnance and rescue Persons Handicapped by Mines in the Kingdom of Cambodia;

 

(d)    Coordinate all mine action and explosive ordnances and rescue of people handicapped by mines;

 

(e) Follow up and monitor mine action and explosive ordnance and rescue of persons handicapped by mines to enable all national and international entities to comply with the government policies and plans;

 

(f)     Lobby resources of technical and financial assistance inside and outside of the Kingdom;

 

(g) Order the disposal of any remaining and found anti-personnel mines and explosive ordinances;

 

(h)    Issue regulations related to the implementation of the ban on landmine activity and mine disposal;

 

(i)      Issue licenses to national and international entities for elimination of mines that operate in the Kingdom of Cambodia;

 

(j)      Revoke licenses from national and international entities for elimination of mines that operate in the Kingdom of Cambodia;

 

(k)     Control data and libraries maintaining documents related to mines and explosive ordnance and rescue of land persons handicapped by mines;

 

(l)      Develop policy for use of cleared land and monitor the implementation of such policies;

 

(m) Monitor the application of law prohibiting the use of anti-personnel mines and the Ottawa convention banning the use, storage, production, transmission and disposal of anti-personnel mines;

 

(n)    Follow up, monitor, and give guidance related to the use of budget and equipment granted by the Royal Government and international community to national or international mine clearance entities that operate in the Kingdom of Cambodia;

 

CHAPTER 3

Management Structures

 

Article 4:

The CADARPHM shall have the following components:

 

-         Prime Minister

Chairman

-         Minister in charge of the Council of Ministers

Vice-chairman

-         One senior dignitary

Secretary general

-         Representative of the Ministry of Foreign Affairs

Member

-         Representative of the Ministry of Interior

-

-         Representative of the Ministry of Social Affairs, Labors,

      Vocational Training, and Youth Rehabilitation        

-

-         Representative of the Ministry of Economy and Finance

-

-         Representative of the Council for the Development of Cambodia

-

-         Representative of the Ministry of Urbanization and Construction

-

-         Representative of the Council for Demobilization of Armed Forces

-

-         One senior dignitary as legal expert      

-

 

Article 5:

Besides the positions as Chairman and Vice-chairman of CADARPHM whom Royal Decree shall appoint or Anukret based on individual cases on the proposal of the Prime Minister, members of the CADARPHM shall serve a five-year term. The Prime Minister may propose the appointment of additional members.

 

Article 6:

CADARPHM has the duty/responsibility to manage, adopt, make decisions for implementation as stated in Article 2 of Royal Decree.

 

Article 7:

CADARPHM shall meet every three months at the convention of the Chairman who shall set agenda. Through the assignment of the Chairman, and the Vice-chairman, there shall be a determination regarding the agenda of the CADARPHM's meeting.

 

Article 8:

CADARPHM shall have a permanent council comprising of a Chairman, a Vice-chairman, and secretary general and shall have the right to make all decisions.

 

Article 9:

The secretary general shall have the duty and authority to effectively manage day-to-day activities of CADARPHM. The secretary general shall be appointed by a royal decree for a term of 5 years and may be re-appointed on the proposal of the Prime Minister.

 

Article 10:

The Prime Minister may appoint two vice secretaries general as assistants to the secretary general, one of the vice secretaries shall be in charge of de-mining action and explosive ordnance another shall be in charge of the mine handicap rescue operations.

 

Article 11:

CADARPHM shall have one general secretariat and the number of departments necessary for the overall activities of the CADARPHM.

 

Article 13:

CADARPHM shall be entitled to use the seal of the Council of Ministers of the Royal Government of Cambodia.

 

Article 14:

CADARPHM shall have its budget as an annex to the Council of Ministers' budget to cover its activities.

 

CHAPTER 4

Funding Resources

 

Article 15:

CADARPHM shall obtain funds from the following resources:

 

-        Budget of the Royal Government of Cambodia;

-        Aid/assistance from international community or organizations; or

-        Fees from services rendered for public or private organization.

 

CHAPTER 5

Final Provisions

 

Article 16:

Any provisions that are contrary to this Royal Decree shall be deemed abrogated.

 

Article 17:

The Prime Minister of the Royal Government of Cambodia shall implement this Royal Decree from the date of signature.

 

Article 18:

This Royal Decree shall enter into force from the date of signature.

 

 

 

Made in Phnom Penh, September 04, 2000

 

On behalf of and pursuant to the King’s order: Chea Sim