Vutha Q&A

Reponse #1

Rule of Law in the meaning of good governance requires fair legal framework to serve and protect public benefits and need to be enforced impartially.

Furthermore, it also requires full protection of human rights, particularly those of minorities, and vulnerable groups. Thus, it needs independent judiciary and incorruptible authority forces.

Rule of law in good governance meaning focuses mainly on:
- Fair legal frameworks
- Enforced impartially
- Full protection of human rights, particularly those of minorities.
- Independent judiciary
- In-corruptible and impartial authorized forces

1. Legal Frameworks

Legal framework is legislative letter issued in different forms of legislation such as law, sub-degree, Prakas,
Decision, Instruction, Deika, and others. The legal frameworks related to the C/S Councils’ work:
- Law on C/S Administration and Management
- Sub-degree on C/S fund
- Prakas on C/S Development Plan
- Prakas on C/S Procurement
- Decision on Promulgating of the C/S Fund Project Implementation Manual (PIM)

2. Enforced Impartiality

The legal frameworks are ongoing issued. Thus, all implementations must be followed these legal frameworks impartially and neutrally. Example: appointments of committee members, selecting project location, conducting bidding process, C/S project implementation …etc must be followed the guidelines.

3. Protection of Human Rights
Good governance must involve protection of individual and group rights and security. Laws should be fair and imposed impartially; it must apply to all including government officials. Human rights are the original needs of human beings which asking for everything’s for human livings within reasonable and dignity.

In the Prakas on the C/S development plan has mentioned on method to make sure participation from indigenous groups, women and vulnerable. Meanwhile, gender mainstreaming in the C/S 3-year rolling investment plan process is also specially considered.

In C/S Fund Project Implementation Manual (PIM) has also described the procedure of conducting land study which is given the rights to land owner to decide to provide or not provide their land or assets to the project without compensation.

4. Independent Judiciary

The C/S Councils are often dealing with problems or conflicts happening in their C/S such as land disputes, domestic violence and other problems or conflicts.

The C/S Councils is the first level for compromising all these problems or conflicts. If C/S can not deal with the problems, those cases should be judged by court systems. The court body’s role is to judge the cases independently and impartially. So, independent and impartial court is a key mechanism to promote rule of law.

5. In-corruptible Authorized Forces

Actually, the role of the C/S Councils is only to compromise the conflicts and report to the authorities who take responsible for those issues or conflict. The responsible authority must follow the law impartially and in-corruptible which is the great part of good governance.

Answered by : vuthakh [27 ]