Implementing Decentralization
Implementing Decentralization
And Issues of Inter-Governmental Relations:
Deconcentration and Decentralization
From Grassroots' Points of Views
Compiled by
Heng Monychenda
Master in Public Administration
John F. Kennedy School of Government, Harvard University
Director of Buddhism for Development, Battambang
Forewords
When I was asked to contribute some ideas to the seminar, my first thought was to pass this request to the people who directly involve in the process of decentralization and de-concentration. Those are the present Mekhum (Comune leaders), District authorities, and the future commune council members from various political parties in Sangker District, Battambang Province. I had discussed in depth with the three Mekhums from the communes where BFD is gong to work with after the election: Khum Anlongvil, Khum Tamim, and Khum O Dambang 2. Although I could not discuss with future commune council members (candidates) from various political parties, but I had organize a discussion with the representative of the three political parties, People's Party, Sam Rangsy, and FUNCINPEC party from all 10 Communes in Sangker District. Furthermore, I also had the chance to listen to all Mekhums from the 10 communes in Sangker District, and some district authorities during a weekly meeting at the district office.
This paper will elaborate the concerns and suggestions of the participants of the discussions. The concerns may not represent all voices from all Mekhums and political parties in the whole country but I believe that it is worthy to hear from them.
General Concept: Change and its Consequences
There will be a big change in the history of public administration in Cambodia when local government established in Khum[1] level. In Cambodian word we says: "Dau pi Battdai toeuv khnongdai" means change from the palm hand to the back. From receiving policies from the District, he will implement the policies according to decision making from the Councils. Being a member of the councils whose background are quite different including different political party, he has to fight to get his ideas (Party ideas) passed and at the same time keep the group coherence. He has to formulate planning that covers all interdisciplinary works: economic development, social development, security, welfare, health, education, etc… People will blame on him more than before. He has to compete with other Khums to get better finance and to be the best one in the area. At last but not the end, he will spend more money than usual because people would regard him a big man.
When talking of decentralization and local autonomy, the first reaction from Mekhums I met was fear. It is understood that fear is a natural phenomenon of human behavior in responding to change that always occurs all the time. What we should aware of is the impact from change and fear that would influence trust (political trust) of the future commune councils, the government, and the population as whole. As we know that in Cambodia the issue of trust is precarious after too many changes of political system in the past three decades.
The consequence of trust is cooperation and participation in the new system. Obviously, the concepts of decentralization and de-concentration are based on the spirit of cooperation and participation from the grassroots in an environment of which people must feel "this is my commune councils", and "this will benefit to my family and community". Confucius, Chinese philosopher in 500 B.C, said to his followers: "Go to the people, live with them, and learn from them. Start with what they know and build with what they have. But for the best leader, when the work is done, the job accomplished, the people will say: this is my work!"
Change Fear Trust? Cooperation?
Fear: a Natural Phenomenon and a Symptom for careful Diagnosis
· Most of the Khum leaders are doubtful of their future role in the coming election. Will I be elected into the position of the councils is the first reaction in the discussion of decentralization. The doubt can be interpreted in two ways: profound understand in democratic election that everyone is by reason of voters; if the Mekhum were not elected, the new-member councils would face greater difficulty for they are very new to the work of governing Khum. This is true in the actual system of which most information hold by the Mekhum who has been in power for years. I do not think the information is inscribed so that the new elected councils can easily refer. Khum statistics may be the most apparent information can be found.
· Can the councils, which formed from members of different parties, work well together? The question from all Mekhums (and will surely from villagers) who are worry about synchronizing the new team. The concern must be reckoned for we have problem in working as a team, or listening to a group of people acting as council, or board of directors. The concept of board of directors or advisors is quite new in Cambodian context. An obvious example is the environment of Cambodian NGOs' Board of Director (Advisor) which does not well working or quite fragile. The problem would be more serious when council member put party profits over the publics. If we ask people whether they trust the system, the first look would turn to the harmony among the new team. Team Spirit is a true predictor in accomplishing decentralization.
· Different level of education and experiences are the other apprehension of the Mekhums. With politics, members of the councils need not to be high-educated persons, but one who is loyal or beneficial to the party. Within this context, conflict might frequently happen in the councils and need to be carefully handled.
· Because of 85% of the population heavily depend on rice farming and live in rural area, the Mekhums see income tax from rice farming would be the main source for Khum. They worry that how can they develop their communes in such an income and how the government allocate the budget for them. We can figure out how difficult for the Mekhums to get income tax from most of farmers whose rice production not enough even for daily consumption.
Trust: it will come when if it is trustable
In the culture of democracy trust plays an important role in rallying people to support the process. People (Mekhums, Commune Councils, voters, villagers) can trust the system, can give confidence to each other only if they do not fear and the subjects are trustable. In the discussion, the Mekhums call attention to:
· Confusion between decentralization and de-concentration: the Cambodian terminology of the two words is difficult even in spoken language: vimacchakar (vimCÎkar) for decentralization and visahamacchakar (vishmCÎkar) for deconcentration. The words as well as the concepts are very new to Khmer culture and not a common language. It may require more explanations to make people well understand and can distinguish one from another. The less confusion the more trust people has to the new system.
· Effectiveness and efficiency of the system and of the councils are the obvious subjects to be criticized by the people. Because future Mekhums would act only according to the decision of the Councils, people may see, at the beginning, the system slow and less effectiveness. Furthermore, if the councils do not have much team spirit, it will reduce people trust in the long term.
· Trust of the people will be firmed if the socioeconomic situation in the villages improved. This is important! People may overlook other factors of trust if their daily life improved and the quality of life get better in the long run.
· The de-concentration and decentralization of the power in Cambodia is rapid in the democratization process comparing to the neighbor countries, the Mekhums said. This remind us to what Pol Pot regime taught "Moha osschar moha lautphlos= super great, super jump". Does the government have adequate capacity to hold the change? Does the present economic condition permit larger de-concentration? Does the sense of dependency (on the government) of the people problematic when decentralization takes place? One Mekhum said that during Pol Pot some people finished the sentence: " Moha osschar moha lautphlos moha prokachproken " = super great, super jump, super stumble." Therefore, the willingness of higher authorities and central government towards the new system seems to be the last question of trust from the Mekhums as well as the people.
Trust Cooperation
Cooperation is explained in two features: from the population and from the departments involved, especially land department, tax department, and finance department
· Cooperation from the population
· The transition of decentralization would give some channels for some people to commit unfavorable actions against the system. If the matters were not properly handled, there would be a big move in favor the unfavorable actions.
· The taxation concept for farmers has been forgotten for many years. Although in 1980s the State of Cambodia did has tax concept but it was used in a merit way, Vipheakatean (contribution), which was softer than Ponndar (tax). The commune autonomy of economy would require a lot of local income tax, particularly from the rice farming. There are some problems that the Mekhums raise concerning income tax from rice farming:
o It is difficult to know exactly how many hectares people farm each year because land title is not available yet for farmers.
o It is too expensive to have land title: one farmer bought a rice field costs 1 million riel, but to have land title he must pay 500,000 riels to the land title department.
o People recalls to the promise made by the Prime Minister prior to the election: he will not take tax from the farmers for 15 years if he become Prime Minister.
o Farmers would say why only me? What about other people? (gardeners) Therefore, other sources of income tax should be introduced.
· Cooperation from the Department involved
When asked how would be the cooperation from the higher authorities, the Mekhums called the attention to three department or government institutions that significantly influence the implementation of the new system: Land Department, Tax Department, and Finance Department.
· Land Department: this mainly involves in the process of giving land title to each owner-the cost to have land title is very high that ordinary farmers cannot afford[2]. The problem will affect to the real statistics of landowners who will pay tax to the local government. Land ownership conflicts that even now cannot be solved by the higher authorities will become heavy duties for Mekhums that are new to the conflicts and less experience in conflict resolution. The powerful authorities who own many lands will also affect the works of Mekhums by asking for tax exemption (or pay less) from the Mekhums.
· Tax Department: the problem concerns with the mechanism of tax paying. If the tax line between Khums and Provincial Department is not clear, the one that would hurt is the Khums. A struggle to keep income taxes for local use or for Provincial benefit would be also a major problem. Above all, the Mekhums worry that the income tax will never be enough to support commune budget in the rural areas.
· Finance Department: the problem mainly relates to technical aspects: budget planning, financial management, and budget request. One point that the Mekhums mentioned is the flow of budget from the top to the Khums: would it come regularly or it will be blocked somewhere until Khums have something to offer. What they wanted to say was how much the Finance Department would help them to establish a system with better transparency so that people can give full trust.
Commitment
It was an encouraging discussion when the Mekhums said they are very happy to accept and implement the new system although it is very challenging. They believe that the government takes the matter seriously. They said that the system may not complete in the first term and the new councils will face many problems in the early term (2-3 years) but in 15 years (3 terms) the system will be in order. They believe that economic development will be improved and democratization will be in good shape.
Request
Knowing that they will perform a heavy task, the Mekhums requested the government to provide new Mekhums and Commune Councils knowledge and skills to cope with the coming problems.
· They mentioned that they want to know what is meant by public administration, they want to be clear on the new administration system, knowledge and skills in strategic planning, and financial management.
· To prevent corruption and illegal compensation the Mekhums requested that appropriate salary is very important to run the new system in a transparency way. Asking how much means "appropriate" the Mekhums suggested that 250,000 Riels to 300,000 Riels (approximately US$65-75) should be an appropriate number.
Suggestion
· The policy of decentralization and deconcentration should be well understood among Mekhums, Council Candidate, and people far before the election so that they can prepare themselves to face the situation, and that the people ready to elect qualified council members.
· Election Law should include bottom line of level of education of each council member. The Mekhum tasks is hard and even harder in the new system, therefore the better education the councils possess the better works and implementation of the new councils.
· The new system should be introduced step by step so that the new councils and Mekhums can cope it well and avoid serious problems.
· Land law should be clear and good one and the Rule of Land Law should be prevailed.
· Land Title is very expensive. The poor farmer cannot afford. Government should subsidy land title to the people for it will benefit to Mekhums in collecting tax in the future.
· Full cooperation from Departments and Ministries involve in the process and must be follow-up by a special task force to assure that there is no blockage in the implementation of the new system.
Religion, Civil Society, Democracy, and the Rule of Law In Cambodia
Religion, Civil Society, Democracy, and the Rule of Law
In Cambodia
By Heng Monychenda
Director, Buddhism for development
Battambang, Cambodia
Except the word religion, I think the Khmer people are feeling alien to the word civil society, democracy, and the rule of law, which are being communicated by the media in Cambodia. Although you may hear Cambodians speak these words, please do not assume that we fully understand the meaning and the context of the words. These words, however, in Cambodia are quite new and constructed to translate from English after UNTAC arrived in Cambodia.
The word democracy somehow is familiar to Cambodians. From 1970 to 1975 we lived in a military regime of the General Lon Nol in the name of Khmer Republic which was fully back by the United States, a well developed democratic country. From 1975 to 1978 we were in the Communism of Pol Pot in the name of Democratic Kampuchea which was fully fathered by the People Republic of China. In 1979 the Khmer Rouge was expelled and the People Republic of Kampuchea was established whose Vietnam and USSR sponsored. In 1993 the intervention of UNTAC was said to bring democracy into Cambodia.
The contradiction among the word, its implementation and the supporters has made us difficult to understand the concepts and its advantages in their daily life. Therefore, the democratization,
To understand why democracy, civil society, and the rule of law still be the matter of dilemma among Cambodians, I would like to invite you to look at Cambodian political culture, which forms and governs political behavior in current Cambodian society, and then we will look for ideas to help upgrading the present condition of democracy, civil society, and the rule of law.
Definition and scope
Political culture assumes that the attitudes, sentiments, values, beliefs, and cognitions that familiarize and govern political behavior in any society are not just random congeries but represent coherent patterns which fit together and are mutually reinforcing.[1] It also assumes that each individual should learn and consolidate into his own personality the knowledge and feelings about the politics of his people and his community. Each generation inherited its politics from the previous one, each reacts against that process to finds its own politics. This long process follows the laws that govern the development of personality of each individual and the culture of a society.[2]
The main influence of Cambodian political culture has been Buddhism. Buddhism is predominant in Cambodia. The great majority of the people of Cambodia adheres to the tradition of Theravada Buddhism and had arrived at their beliefs through many centuries of interaction of ideas. Hence, the Buddhist values inform and inspire basic social, political, economic, and cultural patterns of life for the individual, family, village, and nation of the countries. From birth to death Cambodian life has been linked to Buddhist teachings, rituals, norms, and traditions. There is a profound sense in which to be a Cambodian is to be Buddhist. [3]
Basic Teaching
However, Theravada Buddhism as practiced in Cambodia is mixing with Mahayana Buddhism which had influence in the 10-11th century, Brahmanism since 3rd century, and animism of the indigenous people. Buddha, in genuine Buddhism, is not God, but Cambodians today pray to the Buddha’s statue for luck, and if they do not receive it they complain that “Preah min chouy” (The Lord did not help). This moment of prayer is a combination of Theravada (Buddha statue), Mahayana (living Buddha) and Brahmanism (God)[4], and animism (Neak Ta[5]). In Buddhism, no belief must be taken on faith, such as a belief in supreme beings. No one should oblige someone to believe something without investigating, experiencing, and deciding by him/herself.[6]
Each individual is responsible for his/her own life and destiny, which is based on his/her Karma/action, the most distinctive teaching of Buddhism. Karma in the past (previous life up to a moment ago), results in the existence of today and this moment. The results (vipaka) today formulate as actual karma, which produces fruits as quickly as a minute into the future. Each karmic action interacts with another to create social karma which can be creative or destructive according to the attitude of each individual towards the Dharma.[7] We can say that the world as it exists today is a combination of various waves of karma. The combination of these waves creates a unique culture at a unique time, and is inherited by the next generation.
Nirvana _ freedom from greed, hatred, and delusion _ is the ultimate goal for all Buddhists. Each individual can attain this goal only by following the Noble Eightfold Path: proper understanding, thought, speech, action, livelihood, effort, mindfulness, and concentration. This requires each Buddhist to study, understand, and practice by her/ himself under the guidance of the Buddha and the monks. By practicing the Noble Eightfold Path (also called Dharmaseri (Dharma liberty), and someone who lives in Dharmaseri is called puggalaseri (a liberty/free person).[8]each individual is committing to self-development, which is divided into four stages:
1. physical development (kayabhavana) which requires the sufficiency of basic needs for human development
2. moral development (sila bhavana) which requires each practitioner to abide by religious and social rule, law, and regulation
3. mental/emotional development (cittabhavana) which requires each practitioner to control his/her own emotion and develop his/her mind to be free of greed, hatred, and delusion
4. wisdom development (pannabhavana) requires each practitioner to fully develop his/her own wisdom _ to see things as it is
During his time, the Buddha introduced a new system of ruling to the monks by which they were obliged to live. It was in complete contradiction to the ruling systems in India, which were mainly autocratic. In his model, Dhammadhippateyya, decision making is be made by member consensus or by a majority vote if consensus is not achievable. For example, in the ordination of a monk, the candidate seeks approval from the chief of monks’ community. The chief appoints two mentors to check background of the candidate. After investigating, the two mentors propose verbally three times to the 21-member assembly of monks. If there is no objection, all of them should be quiet. If there is objection, one should speak up and the process must be redone until consensus is achieved.
In his ideal community the Buddha encouraged and obliged the monks to live together as communities (Sangha). Monastery life is set up as a ruling system in which leaders are chosen by their qualities and with the approval of the community of monks. Each member of the monk-community must participate in the stability of rule of law of the monastery, i.e. participating every two weeks in a ceremony call Patimokha Review in the temple to review compliance of the law. In the ceremony, each monk must inform the community if he cannot comply with the rules for further action by the community. Criticism is allowed in a formal setting, particularly during the meeting every two weeks, and at the end of the three-month Retreat. Someone who sees another monk commit a mistake but does not present to the community, is considered to be wrong (apatti).
Conflict is a natural phenomenon in Buddhist community. Buddhism sees change (Anicca) as a permanent phenomenon. Conflict even occurred between the Buddha and his followers. Conflict resolution is made by the presence of all conflicting parties, the judge, and the law (viniya). Freedom to express truth in the formal meeting is encouraged for everyone. Conflict resolution must be made non-violently and by persuasion.
The Buddha also involved in managing conflicts of the non-religious community (lay people). However, his involvement meant to save the lives and property of the people rather than to increase or decrease the power of the conflicting parties. The Buddha prohibits monks from taking side in politics, and getting involved in power seeking of the lay people. Nevertheless, Buddhist scriptures allow the monks to address the kinds of qualities that make good leaders and bad leaders and codes of conducts for leaders at various levels.
Misunderstanding the Teaching
These teachings of democratic values delivered by the Buddha and monks have helped erected Cambodian society towards more liberal, and influenced Cambodian elites since the Angkor Thom period. A concrete example is demonstrated at Bayon Temple. In this glorious temple, the sculptures are more people oriented or people centered while at Angkor Watt are more leader centered. At Bayon, you will see the daily life of the people around the wall, where at Angkor Watt you will see only the glory of the elite. Jayavarman VII deeply understood the concepts of democracy through Mahayana Buddhism. 53 heads of Brahma, rather than one head, is another prove of decentralization influenced by Buddhism.
However, these teachings lost somewhere or could not reach in a good way to villagers and elites in Cambodia in recent century, which may be caused by wars, foreign occupation, gaps of communication, and inappropriate study of Buddhism, and the influence of Hinduism.
· The descendant of Jayavarman VII somehow destroyed the democratic and decentralization concepts of the king by the influence of Brahmanism (Hinduism) which supported the king-centered concept.
· Cambodia has been between the hammer, Vietnam, and the Tronop, Thailand since 14th century. Many wars with the two countries have made Cambodia weak and looking for survival. Therefore, authoritarianism had been the only way to keep Cambodia in existence.
· The ancient language of Pàlì is traditionally used during the ceremonies of ordaining monks, appointment, decision-making, and even preaching. Unfortunately, most of the meaning is lost because the daily spoken language is Cambodian, not Pali. The gaps of communication block most parts democratic values, civil society concepts, and the practice of rule of law in Buddhism to the people.
· Low education of monks contributing to the decadence of democratic value and the rule of law practice among villagers and elites. i.e. Cambodian difference to authority, for example, is sometimes explained by noting that someone of high status performed good deeds in his previous lives. Someone who is subordinate, on the other hand, by the same rationale, has less good karma and hence is duty-bound to respect his superior.[9] Cambodian commoners believed that those who were born as kings, princes and princesses, and high class were descended from heaven.[10] Sometimes people even call the king ‘Bodhisattva’ (future-Buddha). Therefore, to be loyal to the king is similar to being loyal to the Buddha. This common perception led Cambodians to believe that the king, as well as the high leaders, controls the fate of all. Within this context, authoritarianism is highly likely to exist because people have given full trust and power to their leader.
Another example: at the end of his life, one of his followers was very concerned that Buddhism would be finished when the Buddha passed away. The Buddha confirmed that the future of Buddhism depended on the four assemblies, namely monks, nuns, laymen, and laywomen. In other words, lay people were to have a say in how Buddhism would be managed. In fact lay participation in the affairs of the temples is limited to the role of supporter and does not reflect the original intention of the Buddha. If public participation in governance were promoted, Buddhism would serve as a model for public participation in governing the country.
The above-mentioned examples, in my points of view, are some factors add to the lower level of trust in political democracy in Cambodia. Democratic system, are mainly known in the capital cities and big towns among highly educated people. In the countryside people are much more familiar with authoritarian values. Therefore, public participation in the democratic movement for the last decades has had little chance to progress.
However, looking only at political culture is just one of many angles in understanding Khmer society, democracy, and the rule of law. French colonization, the emergence of the cold war in which Cambodia became a pawn of the world super powers, geopolitics, leadership, socioeconomic equality, and the stability of the country are different angles that must not overlooked. For example, the democratic system envisioned by the Buddha is based on the assumption that the basic physical needs of the monks were met. This condition is met for the monks who do not need to worry about food, but the lay people have to struggle to meet their basic needs. According to many studies, high income has high correlation with sustain democracy.[11] With all these factors combined, it is not surprising that in Cambodia democracy does not well develop, civil society does not appropriately formed, the rule of law cannot prevail, and Buddhism cannot conform its duties well enough.
Towards A Hope Society
Ladies and Gentlemen!
Let me conclude my speech by reordering the title given by the organizer with this illustration, which I would call the Trinity of Cambodian Society: more socially engagement of Buddhism, proper democratization, and appropriate rule of law, will prosper Cambodian society.
Today, everyone talk about the auspicious of the new millennium and hope that the year 2000s would bring prosperity to Cambodia. I would say that the expectation is not far from reach if we allow Buddhism[12], democracy, and the rule of law to take action in our society:
· Buddhist monks must at least teach more practical tolerance (khanti), participation in decision-making and governing (Samaggi) to their people. Monks should play a big role in rebuilding trust among Cambodians, which has been completely stolen during Communist regime and wars, and help solving conflict peacefully.
· Democracy seems to be an influential wave for Cambodian new way of life. Democratization should be patient in this fragile moment of peace, and should look around to other factors such as economic development. Democracy needs critics; therefore the role of media is vital and must be strengthened and supported by democratic practitioners. Democratic consolidation in Cambodia has a long road to go but reachable if Buddhist teachings and the rule of law are taken into account.
· In this particular moment the application of rule of law in Cambodia is so important in the reconstruction of order in the country. However, we have to consider of its environment: the background of the law, its goal goal, producer, time, individual attitude, social culture and environment, and the appropriateness of the application.
"Step by Step towards Self-reliance".
ENDNOTES
[1] Political Culture and Political Development, 1972, edited by Lucian W. Pye and Sidney Verba, Princeton University Press. Pp. 7-8
[2] Ibid.7-8
[3] Clark D. Neher, Politics in Southeast Asia, Schenkman Publishing Company, Inc. pp. 90-91
[4] In Hindu, Buddha is considered on of Shiva reincarnation.
[5] Powerful spirit represented by some objects or sculpture
[6] be not let by report, tradition, the authority of texts, mere logic, inference, considering appearances, the agreement with a considered and approved theory, seeming possibilities, and by the idea, “This is my teacher”. Kalamasutta, Anguttaranikaya, Tikanipata
[7] The concept of trinity of Buddha (individual), the Dharma (standard measure), and Sangha (community)
[8] Aggavisanasuttanidesa, khuddikanikaya. Culanidesa
[9] Clark D. Neher, Politics in Southeast Asia, Schenkman Publishing Company, Inc. p. 91
[10] Khmer Buddhism and Politics from 1954-1984, Yang Sam, Khmer Studies Institute, 1987
[11] What Makes Democracies Endure in Consolidating the Third Wave Democracy, pp. 295-2-312, The Johns Hopkins University Press, 1997.
[12] I say Budhism; of course it means for Buddhists, Christianity for Christians, and Islam for Muslims, and because most of Cambodians are Buddhists.
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