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Outline of the Project

Project Name

The Legal and Judicial Development Project (Phase 3)

Project Site

Phnom Penh, Cambodia

Period

From 9 April 2008 to 31 March 2012

PhotoMinistry of Justice of Cambodia

Counterpart

Ministry of Justice of Cambodia

Japanese Supporting Bodies

Supreme Court of Japan, Ministry of Justice of Japan, Japan Federation of Bar Associations, etc.,
Advisory committees in Japan comprising academics and practitioners in the field (judges, prosecutors, lawyers, etc.) are established to back-up the long-term advisors and provide appropriate advice to Cambodian counterpart.

Project Background

The Government of Japan has assisted the Royal Government of Cambodia in drafting the Civil Code (CC) and the Code of Civil Procedure (CCP) through the Legal and Judicial Development Project since 1999. To develop a legal system to accommodate the market-oriented economic reform of Cambodia, JICA set the supporting groups on the CC and CCP and assisted the legislative-drafting process, especially of laws in Cambodia’s civil affairs field. Joint Cambodia-Japan efforts produced the CC and the CCP drafts in both Khmer and Japanese in March 2003 (Phase 1).

Afterward, based on the previous project, the Royal Government of Cambodia requested continuous assistance from the Government of Japan to promote the legislation and enactment of the draft CC and the CCP, and to draft associated implementing regulations and adjacent statutes. The Legal and Judicial Development Project Phase 2 ran from March 2004 to March 2008. The outcome of Phase 2 was the application of the CCP throughout the country in July 2007 and the promulgation of the CC in December 2007 following its passage in the National Assembly and the Senate. JICA also worked to raise the proficiency of Cambodia’s working group with textbooks and clause-by-clause explanations from the Japanese advisory group.

Phase 3, which will run from April 2008 to March 2012, will follow on where Phase 2 left off in drafting, establishment, and dissemination activities for laws associated with the CC and CCP at Cambodia’s request. JICA will continue supporting capacity development of the Ministry of Justice.

Overall Goals

The legal system relevant to civil matters functions appropriately.

Project Purpose

The Ministry of Justice (MOJ) is able to take necessary measures to implement the Civil Code (CC) and the Code of Civil Procedure (CCP) appropriately.

Outputs

  1. MOJ takes necessary measures for drafting and legislating laws related to the CC and the CCP
  2. MOJ follows up laws submitted by MOJ and makes necessary adjustment for laws submitted by other ministries.
  3. MOJ disseminates knowledge for implementing the CC, the CCP and ancillary laws to relevant parties in the legal and judicial field.

Project Activities

PhotoMeeting with the Committee

PhotoMeeting with the Sub Committee


0-1.Study baseline indicators on the overall goal, project purpose and outputs of the Project.
0-2.Share results of the baseline study in 0-1 between the Japanese and Cambodian sides.
1-1-1.Examine list of laws which need to be drafted or modified, and puts priorities among them
1-2-1.Set up drafting groups for each law
1-2-2.Select members
1-2-3.Re-form groups, when necessary
1-3-1.Hold drafting meetings for each drafting group
1-3-2.Keep record of each drafting meetings
1-4-1.Hold Committee meetings under MOJ's initiative and discuss laws
1-4-2.Keep record of Committee meetings and keep them in one allocated location
1-5-1.Appoint a person to be in charge of collecting latest laws and draft laws
1-5-2.Collect and compile latest laws and draft laws and keep them in one allocated location
1-6-1.Make a plan for continuous internal seminars and conduct them
1-6-2.Keep record of internal seminars and prepare instructional materials
2-1-1.Determine a process of sharing information on deliberation
2-1-2.Appoint a person to be in charge of collecting information concerning deliberation on each draft law
2-1-3.Share information on deliberation in Committee meeting and submit comments, when necessary
2-2-1.Determine a process of collecting information on laws drafted by other ministries
2-2-2.In each case where law adjustment is deemed necessary, appoint a person to be in charge in the Committee meeting
2-2-3.Share information and hold discussions when adjustments are needed on drafts of laws by other ministries and ones by MOJ
2-2-4.Keep records of discussion (2-2-3)
3-1-1.Establish a system (provide training to human resources: lecturers, assistant lecturers, keeping seminar records, etc.) of seminars on the CC, the CCP and ancillary laws, and implement seminars
3-1-2.Establish a system for distributing laws, commentaries, textbooks and other necessary materials (decide persons in charge and procedure of distribution)
3-2-1.Develop necessary instructional materials of the CC, the CCP and ancillary laws
3-2-2.Distribute the materials developed in 3-2-1 promptly and efficiently
3-3-1.Conducts dissemination seminars on the CC, the CCP and ancillary laws for relevant parties in the legal and judicial field, in coordination with RSJP
3-3-2.Keep records of dissemination seminars and distribute them as instructional materials
3-4-1.Select prospective lecturers and assistant lecturers
3-4-2.Conduct internal seminars for prospective lecturers and assistant lecturers
3-4-3.Conduct dissemination seminars by prospective lecturers and assistant lecturers
3-5-1.Appoint people/department to be in charge of receiving inquiries on the implementation of the CC,　the CCP and replying
3-5-2.Formulate mechanism which provide unified answers to inquiries
3-5-3.Provide answers immediately to each court
3-5-4.Publish and distribute Qs&As
3-5-5.Select necessary information for revision of laws from Qs&As and reflect such information in the process of drafting laws

Input

from Japanese side:

  • Long-term Expert 3 persons（technical assistance in legal and judicial field, relevant laws/donor coordination and project coordination）
  • Short-term Expert 2 persons × 0.5 month × 3 times/year
  • Counterpart Training 8 persons × 0.5 month × 1 time/year
  • Field operation cost
  • Headquarter support system: Supporting Group on the CC, Supporting Group on the CCP, Sub-supporting Group as needs arise

* Please refer 1-1-2. Past Result of Input from Japanese Side

from Cambodian side：

  • Project Director： The Minister of Justice
  • Project Manager： The Secretary of State in charge of legislation
  • Committee in charge of the field of the Civil Code and the Code of Civil Procedure: Secretary of State, Undersecretary of State, Judges of Supreme Court, Judges of Appeal Court, Judges of MOJ and etc.
  • The Sub Committee in charge of the field of the Civil Code and the Code of Civil Procedure: Officials of the Department of Civil Affairs, Department of Legislation Affairs and etc.
  • Facility and Equipment: offices for long-term experts in MOJ, meeting rooms for seminars and workshops, other relevant facilities and equipment
  • Local Cost: costs of custom clearance, domestic transportation, storage, and installation of equipment provided by Japan, maintenance costs for facility and equipment

Important Assumptions

  • Legislative processes for the relevant laws are not interrupted.
  • Laws related to civil matters, which are not under the jurisdiction of MOJ, are drafted, legislated and implemented appropriately.
  • MOJ carries out a long-term training for its staff members.
  • MOJ allocates its personnel appropriately.
  • In drafting inter-ministerial laws, cooperation is obtained from the counter-part ministries.

PDM (Project Design Matrix)

（PDF/117KB）

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